Specialist lawyer for building permits

You are planning to build, extend, or renovate your home: Do you need information on procedures for obtaining a planning permission? Do you wish to challenge a neighbor's building permit? How and within what deadlines can you file an administrative appeal? These are all questions that justify the support of our lawyers for building permits in your administrative and legal procedures.

Whether you need expertise to prepare a solid case, to regularize a situation, or to defend your rights, we provide you with our expertise in urban planning law. We advise and assist you in your dealings with the administration and before administrative courts.

Expertise of our lawyers for a building permit: legal analysis and securing of projects

A building permit is an administrative authorization granted by the town hall or the competent authority of your municipality. It ensures that your construction or renovation integrates harmoniously into its environment and preserves the rights of neighbors. It is a file comprising several documents detailing your project, such as plans, sections, photographs, etc.

This information allows the local authority to ensure that your project complies with the standards regarding urban planning, the environment, and architecture specific to the area concerned. Generally, a building permit is requested after obtaining a planning certificate, a preliminary document indicating whether a plot of land is buildable. It is essential to validate the compatibility of your project with the development objectives of local authorities.

At Macfarlanes LLP, our team plays an essential role in the legal analysis and securing of your real estate projects with regard to urban planning law.

We prepare your building permit application through:

• the study of the urban planning feasibility of your real estate project;
• analysis of the compliance of your work with urban planning regulations;
• the assessment of legal risks.

Our building permit lawyers study your project (new construction, renovation, extension, infrastructure) to ensure its compliance with local and national regulations.
We identify any non-compliance issues and propose concrete solutions to adapt the project and optimize its chances of approval. Leveraging our expertise in construction law, urban planning law, and environmental law, we can suggest modifications to make it compatible with the PLU, POS, and RNU.

Beyond simple compliance, we also assess the risks of third-party claims (neighbors, associations), litigation with the administration, or non-compliance with environmental standards. This diagnosis allows us to implement preventive measures to minimize these risks and secure the obtention of your building permit.

Lawyer for building permits: our support in urban planning authorization procedures

Our lawyers for building permits offer complete and personalized support in all administrative procedures related to obtaining your planning permission. Our intervention is broken down into several stages:

Compilation of urban planning permit files

Our firm assists you in preparing all types of files: building permits, prior declaration of works, planning certificate. We analyze the necessary documents, gather the supporting documents and ensure the completeness and consistency of the file. This step helps avoid delays and rejections due to errors or omissions.

Monitoring of your application processing procedures

At Macfarlanes LLP, our professional team ensures rigorous monitoring of your file with the reviewing authorities. We analyze any requests for additional documents and ensure compliance with legal deadlines. This vigilance helps anticipate problems and speed up the review process.

Discussions and negotiations with the administration

In case of deadlock with the municipality, our building permit lawyers represent and assist you in negotiations with the reviewing services. Our legal expertise and knowledge of procedures allow us to find amicable solutions and facilitate the obtaining of your planning permission. Our team of urban planning law experts acts as mediators to best defend your interests.

Lawyers for building permits in case of refusal of a planning application

In the event of a building permit refusal, our lawyers specialized in urban planning law implement a precise and effective strategy to defend your interests.

Our services include, among others:

• in-depth analysis of the refusal decision
• the development of a tailored litigation strategy
• the preparation of the appeal and the rigorous monitoring of the procedure

We examine the refusal order with particular attention to identify the specific reasons invoked by the administration. Our specialist building permit lawyers verify the legality of these reasons with regard to applicable planning rules. Then, we analyze your application file to detect any errors or omissions that may have contributed to the refusal. This analysis is necessary to determine the best appeal strategy.

Drawing on our expertise, we inform you of the various possible legal remedies:

• graceful appeal to the authority that made the decision;
• hierarchical appeal to the prefect;
• or contentious proceedings before the administrative court.

Our team assesses the chances of success of each appeal based on the elements of your case, case law, and the local context, particularly the mayor's position. We also advise you on the advisability of a prior amicable approach (administrative appeal) to try to resolve the dispute without initiating contentious proceedings.

Once the strategy is defined, we draft the administrative appeal and/or the contentious appeal, providing legal arguments based on texts and case law. We then represent you before the administrative court throughout the proceedings, from the filing of the claim to the hearing and execution of the decision rendered. Our team keeps you informed of the progress of your case and defends your interests with determination.

Lawyer specializing in building permits against third-party appeals against planning permissions

Faced with a third-party appeal against your building permit, our firm Macfarlanes LLP intervenes with expertise to defend your interests and ensure the validity of your authorization.

Rigorous analysis of the appeal and precise risk assessment

We carefully examine the third-party appeal to identify the arguments invoked and assess their legal relevance and chances of success before the court. Our team of experts also evaluates the standing of the applicants, then we assess the possibility of an abusive appeal.

We then analyze your project in light of planning rules and applicable case law to best advise you on the risks involved and the various possible defense strategies:

• challenge to the standing to sue;
• invocation of the lateness of the appeal;
• action for abusive recourse;
• interpellative summons for abusive recourse.

Whether it involves resolving disputes related to decision delays, irregularities in procedures or neighbor conflicts, we are committed to finding effective solutions.

Defense of the building permit holder before the administrative court

We draft defense briefs, responding point by point to the applicants' arguments and highlighting the compliance of your project with urban planning rules. From the investigation to the hearing, our lawyers for building permits represent you before the administrative court. Our in-depth knowledge of procedures and administrative case law is a valuable asset for defending your interests.

Negotiation and search for amicable solutions

With a view to a quick and less costly resolution, our lawyers can also be mandated to initiate negotiations with applicants. We seek amicable solutions, such as compensatory measures or minor modifications to the project, to address the concerns of third parties and avoid a long and costly trial. This approach often helps preserve neighborly relations and secure your project.

Our support in the execution of the building permit and in the carrying out of the works

The support of our specialist lawyers in building permits does not stop at obtaining the authorization. We also assist you in the execution of works and the concrete realization of your project, by offering the following services:

Drafting and negotiation of contracts necessary for the completion of the operation

Chez Macfarlanes LLP, nous intervenons dans la rédaction et la négociation de tous les types de contrats liés à la construction :

• project management contract;
• company contract;
• sale in the future state of completion (VEFA);
• building lease;
• emphyteutic lease;
• real estate promotion contract;
• public contracts, etc.

We ensure the protection of your interests and the balance of contractual relationships with the various stakeholders.

Prevention and management of neighbor disputes

Our lawyers anticipate the risks of conflicts with neighbors (noise nuisance, obstruction of view, failure to comply with regulatory distances, etc.). Likewise, we advise you on measures to prevent them, such as carrying out a preventive interim order before the start of work. In the event of a dispute, we represent you and defend your interests.

Management of disputes related to construction law and legal guarantees

Grâce à notre compétence en droit de la construction, nous vous assistons dans la gestion des litiges liés aux malfaçons, aux retards de chantier ou à l’inexécution des contrats. Notre équipe d’experts vous conseille sur la mise en œuvre des garanties légales : garantie de parfait achèvement, garantie biennale, garantie décennale. Nous vous représentons devant les tribunaux compétents pour obtenir réparation des préjudices subis.