Lawyer expert in coastal law / urban planning

You wish to build or develop a property in a coastal area and are wondering about the constraints imposed by the Coastal Law? You need the assistance of a lawyer specializing in Coastal Law to defend or challenge a planning permission? Whether you are an individual, a company, or a local authority, our specialized law firm offers you turnkey services.

We intervene at every stage of your procedures. Whether it is verifying the compliance of planning documents, auditing your projects or assisting you in managing building permits or development permits, we offer solutions appropriate to each situation. We also support you in setting up pedestrian easements or in managing disputes related to a refusal of authorization.

Learn about the Coastal Law with our specialized lawyers

The Coastal Law, adopted on January 3, 1986, aims to protect and enhance coastal zones, while regulating their development. It stems from an effort to respond to the growing pressures of human activities on these fragile environments. This legal framework applies to the urban planning documents of coastal municipalities, whether Local Urban Plans (PLU) or Territorial Coherence Schemes (SCOT).

This makes it possible to establish terms of use and strict rules regarding construction in areas or spaces near the shoreline as well as in spaces classified as remarkable. It can thus limit or even completely prohibit construction in these zones. For example, construction is prohibited within the 100-meter strip, except in already urbanized areas.

However, its terms, such as "spaces near the shore" or "urbanization breaks" leave room for varied interpretations. This creates legal uncertainty, particularly for projects requiring planning permissions or involving protected areas. Indeed, the requirements established by the law are sometimes misinterpreted and the objectives it aims for may seem contradictory.

Moreover, its provisions are sometimes poorly integrated or relayed in urban planning documents such as Land Use Plans (POS) or PLUs. Furthermore, this law must be harmonized with other environmental standards and regulations, such as:

• listed and classified sites;
• prefectoral biotope orders;
• wetlands, etc.

For these reasons, our lawyers specialized in the coastal law offer you comprehensive assistance, whether you are an individual, a local authority or an administrative authority. We develop and verify the compliance of urban planning documents with the requirements of the coastal law.

We also help you understand the specific regulations of your municipality. We also advise administrations and local authorities in managing planning permits so that they best integrate the provisions of the Coastal Law into their documents and decisions. This helps anticipate risks of application or interpretation errors.

Lawyer specializing in Coastal Law: building permit application

The coastal law applies to any application for a building permit or development on territories located near seas, oceans, lakes or estuaries to avoid anarchic or harmful developments. In addition to the constraints of this law, planning documents may impose specific requirements depending on the characteristics and needs of the territories.

For example, a municipality may extend the non-building strip beyond the 100 meters provided for by law or prohibit construction in continuity with existing urbanized areas. This means that even if a project complies with the Coastal Law, it must also align with all other local planning standards to obtain a building permit.

This legal framework requires specific expertise to avoid any litigation or administrative rejection. It is therefore advisable to consult your specialist lawyer for the coastal law for any permit application or authorization. At Macfarlanes LLP, we have experienced professionals in construction law and urban planning to assist you with all the necessary steps for the application.

This includes an in-depth analysis of your projects to identify the specific issues related to your land. To do this, we first conduct a detailed audit to verify your project's compliance with the Coastal Law. Then, our specialists handle the study of the Local Urban Plan (PLU) to precisely locate your plot and understand the specific rules applicable to your project.

We ensure that every aspect complies with legal requirements while taking your objectives into account. Finally, we put together a complete file for you by gathering all the documents required by the administration. This includes the necessary technical studies, detailed plans and supporting documents to maximize your chances of obtaining the authorizations. We handle the filing and follow-up of the file until the mayor's decision.

Specialist lawyer in coastal law: defense and challenges to building permits

The application of the coastal law can sometimes lead to refusals of building permits, even in areas considered buildable. For example, a project located near a cliff at risk of marine erosion or overlooking a natural coastal area may be refused in the name of landscape protection or public safety. Although these decisions are often justified by environmental or urban planning reasons, they may sometimes be based on an excessive or erroneous interpretation of the rules in force.

You then have the full right to contact our team of lawyers specializing in the Coastal Law to challenge these refusals. Upon our intervention, we analyze the reasons for the decision to advise you on the best course of action. We examine the local urban plan, the Coastal Law, or other regulatory documents to identify any errors or abuses.

If the initial project requires adjustments to comply with legal requirements, we help you integrate them to maximize your chances of obtaining a favorable response. Otherwise, we draft a detailed written request for you to present your arguments precisely and convincingly in order to initiate a grievance appeal. We highlight the elements favorable to your project while pointing out any inconsistencies in the refusal decision.
If you are dissatisfied, we can initiate a contentious appeal before the administrative court. We will then build a solid case including all necessary documents and relevant arguments to demonstrate the flaws in the contested decision. Whether it is a procedural defect, a procedural irregularity, or an error in the application of the coastal law rules, our lawyers know how to identify the most effective means to overturn a refusal.

Lawyer specialized in the Coastal Law: pedestrian right-of-way easements

Since 1976, the legislator has established a servitude allowing pedestrians free access to the coastline along properties bordering the maritime public domain on a three-meter-wide strip. This servitude, both democratic and social, aims to promote seaside tourism and allow everyone to enjoy natural landscapes.

In addition to the longitudinal easement, a transverse easement may be established to directly connect the public road to the shore using private paths for collective use. These easements, although useful for the general interest, are not without consequences for private owners. They can limit construction projects, reduce land value, or lead to disputes in case of challenge.

Moreover, the right to compensation provided for by law only applies if the owner suffers direct, material, and certain damage, which is often subject to interpretation. These situations require precise analysis to preserve both the rights of individuals and the public interest. This is why we offer personalized support for the establishment of pedestrian right-of-way servitudes on the coastline.

Our lawyers specialized in managing issues related to the Coastal Law can participate in public inquiries to analyze and formulate observations in order to defend your interests. If your land is affected by a classification that compromises your projects or their development, we can seek the annulment or repeal of these classifications before administrative courts.

We also assist you in disputes related to the implementation of these easements, whether it involves appeals against their establishment or administrative liabilities. Thanks to our expertise in urban planning law and administrative litigation, we develop solutions tailored to your situation.

Assistance from our lawyers specialized in coastal law in cases of liability actions

In accordance with the law, any illegality committed by an administration engages its liability when a direct and certain harm results from it. Indeed, it happens that building permits are issued in violation of certain provisions, notably article L121-8 of the Urban Planning Code. It limits new constructions in certain coastal areas.

These illegalities can cause harm, both for buyers and for third parties. For example, purchasers may acquire land deemed buildable according to municipal information, only to discover later that the Coastal Law prohibits any construction on these plots.
These situations are frequent and generate convictions aimed at compensating for damages suffered, whether financial losses or constraints related to the use of the land. On the other hand, third parties affected by illegal constructions, such as immediate neighbors, can also hold the administration liable that issued an irregular permit.

So, whether you are a property owner harmed by an administrative decision or a third party suffering the consequences of illegal construction, we can defend you. Our specialist coastal law lawyers analyze your situation and determine the responsibilities involved in order to file the necessary appeals before the administrative courts. This will allow you to obtain compensation for the damages suffered.