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Challenging a planning permission

Verified 26 août 2020 - Directorate for Legal and Administrative Information (Prime Minister)

You can challenge the validity of the planning permission that your neighbor has just obtained (building, demolition, development permit, not opposition to prior declaration). If you have an interest in acting, you can exercise ex gratia at the town hall that issued the authorization or to appeal to the administrative court.

To challenge a planning permission granted to your neighbor, you must have an interest in taking action. You must prove that the construction or authorized development has a direct impact on the conditions of occupation, use or enjoyment of the property you occupy or hold. The same is true for a property for which you have a promise to sell, a lease, or a contract to sell a building.

Your conditions of occupation, use or enjoyment must be affected by the project itself and not by the nuisance caused by the works.

  Warning : if you do not prove your interest, you may be fined €10,000.. If your appeal is prejudicial to him, the authorization holder may also request the administrative tribunal damages for improper conduct.

A free remedy is an amicable process that allows you to appeal to the mayor who issued the authorization to ask him to reverse his decision.

You must file your appeal within 2 months from 1to day posting of field authorization.. If the authorization is not posted on the ground, it can be contested for 6 months from the completion of the work.

You must write your appeal on free paper and send it preferably by registered letter with notice of receipt. You can use a mail template:

To take legal action against the planning permission granted to its neighbor

Directorate of Legal and Administrative Information (Dila) - Prime Minister

The mayor has 2 months to cancel the planning permission or reject your application. If you do not receive a response, your request is rejected.

In case of rejection, you have 2 months to bring a contentious appeal before the administrative tribunal.. This period begins on receipt of the decision to reject or, if you have not received a reply from the town hall, from the end of the 2-month period allowed to reply to you.

You must inform the authorization holder of your free appeal. This notification must be sent by registered letter with acknowledgement of receipt within 15 free days from the filing of your appeal at the town hall. If you do not send it, the administrative court will not consider the litigation that you may subsequently file.

The appeal shall be brought before the Administrative Court. This is a appeal for annulment (of the decision) for which it is not compulsory to have recourse to a lawyer.

You must apply to administrative tribunal within 2 months from posting of field authorization.. If the authorization is not posted on the ground, it can be contested for 6 months from the completion of the work.

You can also apply to the court within 2 months after the rejection of your free appeal to the town hall.

In drafting your appeal, you must justify your interest in acting, describing the elements of the project that affect the conditions of occupation, enjoyment or use of your property.

You attach to your appeal the contested permit order and any act establishing the regular nature of the occupation or possession of your property (title of property, promise of sale, lease).

Within 15 free days as from the filing of your appeal, you must notify the authorization holder and the town hall. To do so, you send them a copy of the full text of the appeal by registered letter with acknowledgement of receipt.

  FYI : Construction work may continue throughout the duration of the contentious appeal. In order to suspend the proceedings until the judgment on the merits of the case, you must also request a referenced-suspension before the administrative court. This must be justified by an emergency situation.

The administrative judge may decide to cancel the planning authorization.

If the work has not begun, he may also partially cancel the permit when the illegality relates to a part of the project and it can be regularized with a amending permit.. This can be, for example, the slope of a roof or the color of a facade.

The judge shall then set a time limit within which the holder of the authorization may request regularization through a amending permit..