Lawyer for a stop-work order

Are you looking for a lawyer specializing in work stoppage orders (AIT)? Are you looking for a professional able to help you regularize your situation or challenge the decision to protect your interests? You can rely on the expertise of our team of over 60 lawyers specialized in various complementary fields, including regulatory urban planning and operational urban planning as well as criminal law in urban planning.

This allows us to offer a complete range of personalized services to meet all needs. Whether for compliance audits, challenging the AIT, or requesting its lifting, you can count on us. We can also defend you in case of non-compliance with the work interruption order. We also assist professionals in their regularization procedures, such as building permit or authorization requests.

Lawyer for a stop-work order: adversarial procedure

The work stoppage order is a binding measure aimed at suspending work deemed non-compliant with planning or safety rules. Under the law of 11 July 1979, it must be justified and include specific elements such as:

• the official report of the offense;
• the detailed description of infractions;
• the legislative or regulatory provisions violated;
• the damages that the continuation of the work could cause;
• the means and time limits for appeal.

Furthermore, the AIT is notified by registered letter with acknowledgment of receipt or handed over in person, and a copy is sent to the public prosecutor. However, the administration cannot issue an AIT without respecting a prior adversarial procedure, except in cases of duly justified urgency. This procedure offers the offender the opportunity to present written observations or oral ones, and to be assisted by a representative.

Faced with such a procedure, it is recommended to be assisted by your urban planning lawyers to put an end to legal actions. By contacting our firm, you will benefit from high-quality expertise. We have lawyers expert in handling issues of stop work orders since 1994. They can explain the potential consequences of the work stoppage and advise you on the steps to take from the adversarial procedure to protect your interests.

With their expertise, we can analyze the situation and assist you in preparing your observations, formulating solid and legally sound arguments. We ensure that your rights are fully respected and that your observations are taken into account by the administration. This can not only maximize your chances of avoiding disputes, but also minimize the financial and operational impacts of this decision.

Lawyer in urban planning law to contest a stop-work order

If the order contains irregularities or procedural defects, you have the right to challenge it. This step requires a clear understanding of the reasons put forward by the administration and a rigorous analysis of the documents provided. Indeed, we provide you with lawyers specialized in matters of work interruption orders to help you defend your rights and challenge any unjustified decision.

Our intervention consists of analyzing the order in detail while examining the reasons given. Then, we check the compliance of the procedure and identify any procedural defects. At the same time, we collect essential documents, such as building permits and urban planning plans. These elements make it possible to build a solid case, supported by tangible evidence. Every detail counts to demonstrate the flaws in the order.

Furthermore, we assist you in developing the best legal strategy. During our discussions, we clarify the available options, whether it be an amicable negotiation or contentious proceedings. Our lawyers then develop an approach tailored to your situation, taking into account your objectives and the specifics of your case.

When litigation is necessary, we handle the entire process. We file the appeal before the court and draft a detailed brief to argue your case during the hearings. You will thus benefit from personalized support and professional representation throughout this stage.

If the challenge is successful, we ensure that your rights are fully restored and that your project can resume under the best conditions. Otherwise, we advise you on the post-judicial options available to continue defending your interests. Our mission is to provide you with rigorous defense and constant support, whatever the challenge encountered.

Lawyer for a stop-work order: request for lifting

In the absence of a categorical challenge, you can request a release. Indeed, the judicial authority, at the request of the mayor, the prefect, or the beneficiary of the works, may decide to partially or totally lift this measure. Said release does not even require any particular formalities.

However, it must be justified by an imperative necessity, in particular the protection of a construction site against damage or the urgent completion of a structure to limit risks. Once pronounced, the lifting renders the AIT ineffective. Thus, if you wish to request a lifting, we can intervene to support you through all the steps.

Our team of lawyers specializing in work interruption orders can file this request by direct summons before the criminal court against the administrative authority that issued the order. We can also initiate an administrative appeal to negotiate with the prefect to obtain this lifting.

We can even consider modifications if necessary to regularize the project, which may lead the mayor to lift the order. To do this, we analyze your situation to demonstrate the importance of resuming work, whether it is to secure a construction site or prevent damage. Beyond that, we can initiate a recourse for excess of power to have the order annulled before the competent courts.

Lawyer for a stop-work order: State liability

When the administration issues an unfounded stop-work order, it may incur liability. This action is brought before the administrative judge in the case of a full contentious appeal or before the judicial judge if it involves a voie de fait. For example, if the criminal judge concludes that there is no offense, the AIT becomes illegal, giving rise to a right to compensation. This may result in:

• deterioration of your building;
• costly delays;
• loss of market share;
• disturbances in your living conditions, etc.

Furthermore, the steps taken to assert your rights, whether judicial or administrative, can increase the compensable damages. However, you must establish the causal link between the order and the damages. To succeed, it is important to consult a legal specialist. You can therefore involve our lawyers specialized in work interruption orders for professional support.

With their intervention, you can gather the necessary evidence to demonstrate the fault of the State and the direct impact on your project. They also handle negotiations with the administration when possible, in order to limit the delays and costs associated with litigation. If an amicable solution cannot be found, we implement a tailored strategy to maximize your chances of obtaining appropriate compensation.

Lawyer for a stop-work order: assistance in case of non-compliance with an AIT

First of all, non-compliance with a stop-work order constitutes a serious offense in urban planning law. By continuing work despite this order, you expose yourself to a second offense, distinct from the one initially noted. The agent responsible for drawing up a new official report, transmitted to the Public Prosecutor's Office, may initiate legal proceedings. Article L.480-3 of the Urban Planning Code provides for penalties ranging from a fine of €75,000 and up to three months' imprisonment.

Indeed, even if you challenge the order before the administrative court, you are required to immediately suspend your work pending the final decision. However, if you find yourself in this situation, you can contact Macfarlanes LLP to defend yourself. Our lawyers specializing in work interruption orders will analyze your file to identify elements in your favor in order to develop an effective defense strategy.

If negotiations are possible, we intervene directly with the authorities to seek a favorable outcome before a possible hearing. At the same time, our team supports you in regularizing your situation. We prepare building permit applications or authorizations to end the infringement. In the event of legal proceedings, our lawyers ensure your representation before the competent courts.

We defend your interests with professionalism, whether to challenge the validity of the order or to respond to accusations related to its non-compliance. If the proceedings lead to a conviction, we can plead for a sentence adjustment, highlighting mitigating circumstances. We are committed to protecting your rights and limiting the consequences of this delicate situation.