Expert lawyer in planning permissions

Are you planning to build a house, convert a commercial premises or an existing building, or carry out a development project? Have you checked whether your project complies with current planning rules? An error or omission in your application for a building permit, development permit, or prior declaration can lead to refusals or appeals. Let our lawyers specializing in planning permission law guide you.

Our team helps you understand the requirements in this area and prepare a solid file to maximize your chances of success. Our expertise covers both preliminary analysis and litigation management. Whether you are pursuing an ambitious project or facing administrative procedures, we put our knowledge of the Urban Planning Code, construction and environment at your service.

Why use our specialized lawyers for planning permission matters?

Obtaining a planning permit is an essential step for any real estate project. It determines the legality of the work and its sustainability. Macfarlanes LLP supports you in all phases of the procedure, from feasibility study to defense of your rights in the event of a dispute. Our team carefully analyzes your project with regard to the Local Urban Plan (PLU), the Urban Planning Code, easements, and other regulatory constraints.

Our lawyers specializing in urban planning authorization law assess the legal feasibility of your construction or development project by examining:

• its compliance with local planning rules (zoning, environmental constraints, etc.);
• any obstacles related to the nature of the land (agricultural zone, flood zone, etc.);
• consistency with public utility easements or third-party rights.

Before, during, or after the investigation or issuance, our law firm is regularly consulted to conduct an audit of building permits. We also advise our clients on complex project structuring as well as on issues of division, subdivision, and combination of permits.

Support from our expert lawyers in matters of planning permissions in the various procedures

There are several types of planning permissions, each subject to specific rules. Among the most common are the building permit, the development permit and the prior declaration of works. Our lawyers specialized in planning permission law guide you through the steps to take and assist you in preparing your file.

A building permit is required for new constructions, major extensions, and changes of use involving facade modifications. A subdivision permit concerns subdivisions, campsites, and works affecting the soil. A prior declaration is required for minor works, such as facade modifications without a change of use, small swimming pools, or fences.

Our team helps you determine the procedure applicable to your project and gather the necessary supporting documents. Our expertise allows us to identify points of vigilance and anticipate any objections from the administration. We advise you on the best strategies to adopt to optimize your chances of obtaining a favorable authorization.

Lawyer specialized in urban planning permits in case of refusal or appeal

Despite a well-constructed file, planning permission requests are sometimes refused. A refusal of a building permit or a decision of opposition to the prior declaration can be challenged before the administrative court. Our team analyzes the grounds for refusal or challenge and determines the possible administrative and legal remedies.

Our expert lawyers in urban planning authorization law assist you in drafting a gracieux or contentious appeal to challenge the decision. We represent you before the competent administrative courts and plead in favor of your project. If you decide or plan to file a gracieux or contentious appeal against the urban planning authorizations to obtain its withdrawal or annulment, contact our firm.

We can also, if the conditions are met, file an interim suspension application leading to the immediate suspension of planning permissions, and, consequently, a halt or absence of commencement of works.
We also advise individuals who are beneficiaries of planning permissions to avoid or end a dispute with neighbors or to defend themselves against a prefectural referral. We assist local authorities during investigative acts and in the management of administrative appeals and litigation.

Expertise of our competent lawyers in matters of planning permissions concerning neighborhood disturbances

Construction or development works can generate neighborhood disturbances, such as noise pollution, loss of sunlight, obstruction of views, or changes in water drainage. Our lawyers specialized in urban planning authorization law intervene to:

• assess the abnormal nature of the harm suffered
• seek an amicable solution with the parties concerned;
• initiate legal action in the event of an unresolved dispute;
• defend your rights if your project is contested by third parties.

Abnormal neighborhood disturbances can hold the author of the works liable. In the event of a dispute, we represent you before the competent courts and defend your interests. We analyze the facts, gather evidence, and implement an appropriate legal strategy. Our expertise in urban planning law allows us to effectively defend your rights and obtain compensation for the damage suffered. Our team of experts advises you on the best amicable or contentious solutions to consider.

What is the processing time for a planning permission application?

The processing time for a planning permission application starts from the receipt of a complete file. For projects requiring a public inquiry, the processing times are deferred and do not begin upon receipt of the complete file by the processing authority. In this case, the time limit starts from the receipt, by the competent authority, of the report of the investigating commissioner or the investigation commission.

Le délai d’instruction est dit « non franc ». Par exemple, si le dossier de demande de permis de construire est enregistré le 23 janvier et que le délai d’instruction est de deux mois, il commence le 24 janvier et se termine le 23 mars à minuit. L’Administration n’a pas de délai pour envoyer un récépissé de dépôt au pétitionnaire.

If a request for additional documents is issued, the starting point of the processing period is postponed to the day the complete file is received.

The standard processing times are as follows:

• one month for prior declarations;
• two months for demolition permit applications and building permit applications for a single-family home;
• three months for other building permit applications and planning permit applications.

Our competent lawyers in planning permission law advise you after obtaining permits for their implementation, calculating validity periods and calculating appeal deadlines.

What are the cases of extension of the processing period?

Within the month following receipt or filing of the file at the town hall, the competent authority must inform the applicant:

• of the new deadline and, if applicable, of its new starting point;
• the reasons for the modification of the deadline;
• that, in the cases provided for in Article R424-2, the silence of the competent authority at the end of the period will constitute a tacit refusal of the permit.

In the absence of notification within said month, the standard time limits apply.

The processing time is increased by one month, in particular:

• when the project is subject to an authorization regime or to requirements provided for by other legislation or regulations than the urban planning code (for example, environmental authorization, clearing authorization);
• when the project is located within the perimeter of a remarkable heritage site or in the vicinity of historical monuments;
• when the project must be submitted for the opinion of the departmental commission for the preservation of natural, agricultural and forest areas.

For projects involving a building listed as a historic monument, it is extended to five months. When the building permit must be preceded by a clearing authorization pursuant to Articles L341-3 and L214-13 of the new Forestry Code, the standard processing time is extended to:

• five months when clearing is subject to recognition of the situation and condition of the land;
• seven months when the clearing is subject to a public inquiry;
• three months in other cases.