Lawyer specialized in amending building permits

Do you have a construction project underway and modifications are necessary? Are you concerned about administrative pitfalls and potential disputes? Are you looking for a lawyer specialized in amending building permits for safe and effective support to guide you through the procedure?

Faced with the inherent changes in any construction project, the need to modify the initially granted planning permission is frequent. Whether it involves architectural adjustments, changes in materials, or modifications to dimensions, contact our firm of expert lawyers in urban planning law and construction.

Specialized lawyer in amending building permits to understand the required conditions

A building permit is granted based on a specific urban planning project. If minor modifications need to be made to this project, it is necessary to apply for a modified building permit. Conversely, for major changes, a new building permit application must be submitted.

The amending building permit allows for minor adjustments to an initial building permit while respecting the general spirit of the project. This procedure is required when the planned modifications do not affect the overall volume, the footprint, or the purpose of the building.

Examples of admissible modifications:

• Exterior appearance: change facade materials (for example, from wood to render) or add/adjust windows and doors, without altering the overall structure.
• Dimensions: carrying out a moderate enlargement, such as a small extension of a few square metres or reducing the initially planned floor area.
• Change of use: transforming part of the dwelling into office space, provided it remains compliant with local regulations.
• Interior fittings: installing a mezzanine floor in a spacious room, as long as it does not alter the building's exterior appearance.

On the other hand, a request for a substantial increase in floor area cannot be the subject of a simple amending building permit. A complete change of use of the building (for example, converting a house into commercial premises) will not be considered a "minor" modification.

A modified building permit can be requested at any time, provided that three criteria are met. The initial building permit must still be valid. In principle, it is valid for three years from its issuance. It is important to note that the modified building permit does not extend the validity period of the initial building permit.

Then, the construction authorized by the initial building permit must not be completed. In other words, the completion declaration must not have been filed yet. Finally, the changes made to the project must not be so significant that they modify its very nature.

This last condition is interpreted quite flexibly, relatively allowing significant modifications to the project in certain cases. If you are unsure whether the changes you are considering are "major" or "minor," contact our firm of lawyers specialized in amending building permits.

Support from our specialized lawyers for a modified building permit in the filing procedure

For minor modifications, it is not necessary to apply for a new building permit. However, it is mandatory to report these changes to the town hall by filing a request for a modified building permit.

Ensure that the planned changes remain minor and do not change the fundamental nature of the initial project. They may include:

• the joining of two buildings to form a single one;
• the raising of a part on the ground floor;
• the addition of a terrace of a few square meters;
• modification of openings (windows, doors);
• the covering of an open terrace.

The request for a modified building permit does not require resubmitting the entire initial file. It is sufficient to complete the Cerfa form n° 13411*14, specifically intended for requests to modify a valid building permit. The file must also include the necessary supporting documents to assess the proposed modifications (modified plans, description of changes, etc.).

To facilitate the processing of the file, our lawyers specialized in modified building permits will attach an explanatory notice or a document clearly detailing the planned changes. The application must be submitted to the town hall and follows the same steps as for an initial building permit, including the processing time and the possibility of requests for additional documents.

The town hall will give you a receipt containing a registration number. This document also mentions the date from which, in the absence of a response within 2 to 3 months, you may consider the silence as a tacit agreement to start the works. The town planning services of the town hall will study the proposed modifications and will communicate to you in writing an authorization or possible prescriptions.

What are the effects of issuing a modified building permit?

Once granted, the amending building permit must be displayed on the project site for the entire duration of the works, as for the initial building permit. Display on the land concerned by the project opens a new two-month period during which third parties may file an appeal.
There is no need to worry: neighbors who did not challenge the initial building permit cannot use the amending authorization to challenge the entire project. Their possible challenges will be strictly limited to the modifications specifically approved by the amending building permit. In other words, the appeal is limited to the changes made to the project and cannot be used to challenge the initial building permit.

However, if a challenge to the initial authorization has already been filed by a third party, the amending authorization must be notified to that third party. In this case, the third party may only contest the amending building permit within the framework of the ongoing proceedings. In the event of litigation, our lawyers specialized in amending building permits represent you before the administrative court to defend you.

Furthermore, the amending building permit offers a very broad scope for correcting irregularities, such as:

• a defect in jurisdiction or procedure;
• an illegality related to the Urban Planning Code or the PLU;
• an error in calculating parking areas

Recently, the Council of State clarified that a modified building permit could even regularize the absence of a mention, on the initial building permit, of the obligation to obtain authorization for opening an establishment open to the public. This regularization can occur during proceedings initiated by a third party and can also be ordered by the administrative judge.

Amended building permit: what to do if the town hall refuses?

After filing your application for a modified building permit, the town hall has a period of two months to process your file. This period applies in particular for single-family homes. The review focuses only on the modifications proposed compared to the initial building permit.

An extract of your application will be posted at the town hall within fifteen days of filing the application. The town hall's decision is made at the end of this two-month period. If your application is accepted, you will receive the decision by post or email. In the event of refusal, you have the option to submit a request for administrative review to the town hall within two months, so that it can reconsider its decision.

If, after this new deadline, the town hall maintains its refusal, you can then initiate a contentious appeal before the administrative court to challenge the decision. Good to know: If the town hall does not respond within two months, this amounts to tacit approval. To avoid any dispute, our lawyers specialized in modified building permits help you request a certificate of non-opposition from the town hall services.

How do our specialized lawyers for modified building permits help you if your application is refused?

If your building permit has been refused, our team of lawyers specialized in urban planning and construction law can help you in several ways. We study the refusal decision as well as the reasons invoked by the town hall or the competent authority. We verify whether the refusal is justified according to local planning rules and applicable legislation. This helps determine if the rejection is based on contestable or misinterpreted elements.

Our lawyers specialized in modified building permits also advise you on the steps to follow to correct any errors or omissions in your file. We also help you assess whether minor adjustments to the project can make it compliant and acceptable.

Similarly, our team can assist you in preparing and filing a gracious appeal with the town hall (to request a review of the decision) or a hierarchical appeal with the prefect. These appeals must be based on solid legal arguments to maximize your chances of success.

If the administrative or hierarchical appeals fail, we can refer the matter to the administrative court by way of a contentious appeal. We will present the irregularities or errors of law that could justify the annulment of the refusal decision. We can also negotiate with the town hall, in order to reach a compromise that will allow the project to be validated, in particular by proposing modifications to the initial project.