Lawyer specialized in decisions opposing preliminary declarations of works

Are you undertaking development or construction work? Have you filed a preliminary declaration and now face an opposition? Do you want to understand your rights and the possible remedies against such an administrative decision? It is essential to be supported by our lawyers specializing in decisions opposing preliminary declarations of works, capable of defending your interests with rigor and professionalism.

An analysis of the situation in light of the applicable rules, a tailored legal strategy, and knowledge of administrative procedures are essential to best defend your project. Backed by recognized expertise in construction law and planning law, our firm provides you with a team of lawyers to offer personalized legal assistance.

Understanding legal foundations with our specialist lawyers on decisions opposing preliminary declarations

Owning land, even buildable land, does not guarantee the possibility of carrying out all desired real estate projects. Urban planning law strictly governs the conditions for construction and development. Thus, to ensure compliance with the Urban Planning Code, any new construction or any development on an existing structure must, in principle, be subject to an urban planning authorization.

Depending on the scale of the project, this may take the form of a prior declaration or a building permit. The prior declaration (DP) is a planning permission required for certain types of work, such as:

• modifications to the external appearance of an existing building;
• new minor constructions;
• changes of use of a premises.

The administration has an assessment period to examine the project's compliance with applicable planning regulations, including the local urban plan and the Urban Planning Code. If the submission of a prior declaration does not comply with the planning rules applicable to the land in question, the administrative authority, often represented by the mayor, may legally refuse the request. However, it sometimes happens that objections are tainted with illegality.

Some causes may be linked to understandable errors, due to the complexity of the urban planning regulations in force. Others, although rarer, may be motivated by bad faith on the part of the administrative authority, which could seek to prevent the obtaining of the requested planning permission. Given the stakes involved in litigation against decisions opposing preliminary declarations, our team presents the main points you need to know to contest them effectively.

We analyze the grounds for opposition, comparing them with applicable planning rules, to determine the most relevant legal arguments to defend your project. Our expertise allows us to identify any procedural defects or errors of assessment by the administration and to implement appropriate remedies.

Lawyer specialized in decisions opposing preliminary declarations to analyze the grounds invoked

When your preliminary declaration is opposed, the decision must be justified. This justification must include all the arguments supporting the opposition, so that you can clearly understand the reasons.

The grounds for opposition to a DP can be varied:

• non-compliance of the project with the Local Urban Plan rules;
• failure to respect legal distances from neighboring properties;
• non-compliance with public utility easements;
• land located in a protected or historical area.

It is therefore essential to carefully study the justifications provided, as they determine the assessment of the legality or otherwise of the decision. As lawyers specialized in decisions opposing prior declarations, we help you precisely understand the reason invoked by the administration in order to respond effectively.

A decision lacking reasons or insufficiently reasoned may, in fact, be considered illegal. Furthermore, an objection may come from a neighbor or an association if they believe your project causes them harm. It may also be based on an opinion issued by a third-party administrative authority. If this opinion is not attached to the decision, you are entitled to request a copy of this document.
In some cases, the silence maintained by the administrative authority beyond a legal deadline constitutes an implicit rejection. Such a decision, by its implicit nature, cannot include an initial statement of reasons. However, you may require the administrative authority to communicate the grounds for its decision. Our lawyers specialized in decisions opposing preliminary declarations carry out an in-depth analysis of each file and the reasons.

Whether the reasons invoked by the administration are based on non-compliance with urban planning rules or harm to the interests of third parties, contact our law firm. We identify the weak points of the opposing argument and implement an adapted defense strategy, relying on consistent case law.

Mastering appeal deadlines with our specialist lawyers for decisions opposing preliminary declarations

The applicant has a two-month period to challenge an opposition to a preliminary declaration of works. In the case of an explicit decision, this period begins to run from the official notification of the rejection decision. Conversely, for an implicit decision, it takes effect from the date on which this implicit rejection decision is formed.

If the refusal results from an implicit decision, you may, within the two-month appeal period, ask the administrative authority to communicate the reasons for the opposition. In this case, the time limit for a contentious appeal against the opposition decision is extended. It then extends until two months after the date on which the reasons were communicated to you.

Our team of lawyers specializing in decisions opposing preliminary declarations pays particular attention to compliance with appeal deadlines. We provide you with precise information on the deadlines to be met and ensure that all procedures are carried out within the required timeframes.

We distinguish explicit decisions, notified by the administration, from implicit decisions, resulting from the administration's silence after a certain period. This distinction affects the starting point of the deadline for an administrative or judicial appeal. Our expertise allows us to anticipate deadlines and ensure the admissibility of your challenges.

Lawyer specialized in opposition decisions to prior declarations for filing an administrative or contentious appeal

The challenge of a decision opposing a preliminary declaration must be brought before the territorially competent administrative court. However, before seizing the administrative judge through litigation, it is possible to directly request the author of the decision to reconsider their position. This step is called an administrative appeal or prior administrative appeal.

It is generally optional. In the event of rejection (implicit or explicit) of the prior administrative appeal, you may initiate litigation proceedings before the administrative court. This must be filed within two months of notification or formation of the rejection. However, an exception applies to projects located within the perimeter of a remarkable heritage site or in the vicinity of a historic monument.

In this particular case, if the opposition to a preliminary declaration is based on an unfavorable opinion from the Architects of Buildings of France (ABF), you must first file a gracious appeal before taking the matter to the administrative court. You must then address the prefect of the region to contest the disputed decision. Only after completing this preliminary step can you bring the case before the administrative judge.

Our specialist lawyers in opposition decisions to preliminary declarations inform you about the advantages and disadvantages of each type of appeal. Moreover, our team advises you on the best approach to take based on your case. We also assist you in drafting and filing your administrative or contentious appeals, ensuring compliance with formalities and deadlines.

Lawyer specializing in opposition decisions to prior declarations for referral to the administrative court

To contest an opposition to a preliminary declaration, it is necessary to refer the matter to the administrative court within whose jurisdiction the administrative authority that made the contested decision is located. The referral procedure involves filing a petition stating the names and addresses of the parties concerned. This petition must include a statement of facts, the legal grounds invoked, and the conclusions presented to the judge.

You must also attach a copy of the order opposing the preliminary declaration (in case of explicit rejection), as well as all relevant supporting documents to resolve the dispute. These documents must be provided in as many copies as there are parties involved in the case.

Our lawyers specializing in opposition decisions to prior declarations handle the preparation of the file and the follow-up of the procedure before the administrative judge. Our team of experts helps you draft a reasoned request, using the correct legal terms. To support your request, you can invoke grounds based on the external and internal legality of the contested decision.

However, when the administrative authority is in a situation of bounded competence, only arguments aimed at contesting the opinion are admissible, while other arguments are inoperative. This concerns in particular municipalities without a local urban plan. In this case, the mayor cannot grant the requested authorization if the prefect has issued a negative conforming opinion on the project.

Consequently, when the mayor is in a situation of limited authority, arguments for annulment must focus exclusively on the unfavorable conformity opinion. Ultimately, it is a matter of contesting not the mayor's decision, but the opinion issued by the prefect. At Macfarlanes LLP, we represent you before the competent administrative court and plead in your favor to defend your interests.