Specialist lawyer for decisions of non-opposition to prior declarations

You are undertaking renovation or extension work on your property and have filed a preliminary declaration of works? Do you want to ensure that the administration's response is compliant? The support of our lawyers specializing in decisions of non-opposition to preliminary declarations is a valuable asset to guarantee the legal security of your projects.

The preliminary declaration is a mandatory planning permission for certain works such as minor constructions, façade modifications, or land divisions. A decision of non-opposition means that the administration tacitly or expressly accepts the project. You can start your work as soon as it is obtained.

Understanding the importance of a decision of non-opposition to a preliminary declaration for the legitimacy of your works

The preliminary declaration of works (DP) is a simplified planning permission, but no less essential, for certain types of projects. It falls between the building permit required for large-scale new constructions or significant modifications to existing buildings and the absence of authorization for minor works.

It allows the administration to check the compliance of the planned works with the applicable planning rules, without imposing a procedure as heavy as that of the building permit. This procedure concerns a variety of works, including:

• low-surface extensions (generally less than 40 m² in urban areas or 20 m² in areas not covered by a PLU);
• changes to the external appearance (façade renovation, window replacement, roof modification);
• new small constructions (garden shed, garage);
• changes of use of a premises without modification of the load-bearing structure;
• or the creation of certain openings.

Obtaining a decision of non-opposition to the prior declaration is therefore a fundamental legal act that attests to the legality of your project and protects you against possible sanctions. Concretely, the failure to file a prior declaration when it is mandatory exposes the owner to criminal (fines) and administrative penalties (obligation to restore the premises).

Moreover, a lack of authorization can have significant consequences in the event of resale of the property, as it constitutes a hidden defect. The decision of non-opposition can be express (i.e., formalized by a written document) or tacit (resulting from the administration's silence after a certain period). Once the DP is filed with the town hall, the administration has a period to process the file.

The absence of a response within this period generally constitutes a tacit decision of non-opposition. However, an explicit decision of non-opposition is preferable, as it offers greater legal certainty by providing tangible proof of authorization. It avoids subsequent interpretations and disputes, particularly in the event of a dispute with third parties or during a real estate transaction.

Our lawyers specializing in decisions of non-opposition to prior declarations advise you on the nature of the work subject to this obligation. We help you put together a complete file that complies with regulatory requirements. Our expertise in urban planning law and construction law allows us to defend your interests vis-à-vis the administration.

Our team ensures rigorous monitoring of the procedure and works to obtain an explicit non-opposition decision to fully secure your project. Thanks to our in-depth knowledge of the Urban Planning, Environment, and Construction Codes, we offer you high-quality legal support. We are by your side to help you avoid errors and delays that could compromise the completion of your work.

Specialist lawyer for decisions of non-opposition to prior declarations to assist you in the procedure

Although the prior declaration procedure for works is simpler than that of a building permit, it follows a precise and regulated path. We can identify four main phases: compiling the file, submitting it to the town hall, review by the competent services, and finally, the administrative decision.
A complete and compliant file meeting regulatory requirements is the key to a swift and favorable review. The documents to be provided vary depending on the nature of the work, but generally include:

• a specific CERFA form;
• a site plan of the land;
• a site plan of the constructions;
• plans of the facades and roofs;
• photographs of the current state of the land and existing buildings;
• a description of the planned works.

For certain types of work, additional documents may be required, such as a landscape impact study or a certificate of compliance with thermal regulations.

The assistance of our lawyers specialized in decisions of non-opposition to prior declarations is invaluable at this stage. It helps ensure the completeness of the file and its compliance with local (PLU, RNU) and national (Urban Planning Code) urban planning rules. An error or omission can lead to a delay in processing, or even a refusal of the declaration.

Once the file is complete, it must be submitted to the town hall, either in person against a receipt, or by registered mail with acknowledgment of receipt. The submission marks the starting point of the processing period. The town hall registers the request and assigns a file number. A deposit receipt is then issued to the applicant, mentioning the registration number and the date of deposit.

This receipt serves as proof of filing the declaration and allows tracking the progress of the review. After filing, the town planning services of the town hall (or the community of municipalities) examine the file. They verify the project's compliance with applicable planning rules, public utility easements, construction regulations, etc.

This processing period is generally one month for preliminary declarations, but it may be extended in certain cases (for example, in the presence of historic monuments or in a protected area). During this phase, the administration may request additional documents or modifications to the project.

At the end of the investigation, the local authority makes a decision. Either it issues a decision of non-opposition, thereby authorizing the execution of the works, or it issues a decision of opposition, stating its reasons for refusal. When your work request is accepted, the absence of a response from the administration within the investigation period (1 month) generally constitutes a tacit decision of non-opposition to your works.
Upon your simple request, the town hall is required to provide you with a certificate of non-opposition. This document serves as official proof, allowing you to assert your rights, particularly for obtaining a loan or taking out insurance. However, as mentioned earlier, an express decision is preferable for reasons of legal certainty.

As specialist lawyers in non-opposition decisions to preliminary declarations, we support you at every stage of the procedure. We advise you on the documents to provide, we check the compliance of your project with the applicable planning rules and we ensure the follow-up of the file with the administration.

Lawyer specialized in non-opposition decisions to preliminary declarations for filing an appeal

Obtaining a decision of non-opposition to a preliminary declaration of works does not always mean the end of the procedures. Indeed, third parties, such as neighbors, environmental protection associations or even state services, can challenge the legality of this decision by filing an appeal. For example, within 3 months from the date of the decision, the mayor can withdraw a decision of non-opposition, if he considers that it was issued illegally.

Generally brought before the administrative court, appeals in the event of a challenge can compromise the project's progress, causing delays or even a work stoppage. It is therefore essential to anticipate this possibility and implement a preventive and reactive legal strategy. The grounds for appeal can be varied:

• non-compliance with the PLU or the Urban Planning Code;
• impairment of view, sunlight, or privacy of the neighborhood;
• non-compliance of easements, etc.

The admissibility of the appeal is subject to strict conditions, particularly in terms of deadlines (generally two months from the posting of the authorization on site) and standing to sue. More specifically, a graceful appeal may first be addressed to the authority that made the decision (the mayor, for example). This amicable appeal aims to obtain the withdrawal of the contested decision.

If the administrative appeal is rejected or remains unanswered after a certain period, a contentious appeal may be filed with the administrative court. Its aim is to obtain the annulment of the non-opposition decision. It is important to note that filing an appeal does not automatically suspend the works. However, the administrative judge may order the suspension of works on an interim basis, pending the judgment on the merits.

Our team will analyze the grounds for the appeal, verify the admissibility of the request, and build a solid case with relevant legal arguments. Our expertise allows you to best defend your rights before the administrative judge and preserve the validity of your planning permission.