Attorney specializing in building permit refusals

Do you want to build on your land or transform an existing building and your building permit application was refused by the town hall? Was your authorization request for a demolition, extension or elevation project rejected and are you looking for a lawyer specializing in building permit refusals to contest this decision? Contact our law firm specializing in urban planning law to assert your rights.

Since 1994, we have been supporting professionals and individuals in all the steps necessary to obtain a building permit.

For cases of refusal, we also have experts in criminal planning law to defend your interests. Whether through amicable or contentious means, we offer appropriate solutions. Even in the event of opposition from a third party or a neighbor to the issuance of your permit, we will be by your side to defend your application.

Refusal of a building permit: reasons for this administrative decision

Having a plot of land, even buildable, does not necessarily give you the right to do everything you want on it. Indeed, planning law governs the conditions for construction and land development in order to guarantee harmonious organization and respect for local rules. Thus, before starting any project, you must obtain a planning permission, whether it is a prior declaration or a building permit, depending on the scale of the planned work.

Furthermore, this request must take into account the applicable rules for your land, otherwise the administration may reject your file. Several reasons can justify this refusal. The most common lies in the non-buildable nature of the land. Some plots are classified as non-buildable by the Local Urban Plan (PLU) or the municipal map. These areas are often intended to preserve natural spaces or agricultural operations.

If your land is located in such an area, your building permit application will very likely be rejected for incompatibility with the applicable rules. The presence of a Public Utility Easement (SUP) can also lead to rejection. These easements, defined by the Urban Planning Code, aim to preserve collective interests such as:

• safety;
• salubrity;
• the conservation of heritage, etc.

Furthermore, a building permit may be refused if your construction does not comply with land use rules. This may concern the height of the building, its external appearance, or the materials used. Refusals may also be based on illegal or abusive grounds. Some administrative decisions may be erroneous. If you are faced with such a case, it is possible to challenge the decision before the competent authorities.

To avoid all these situations, it is best to consult us from the start of your project. Our lawyers specialized in building permit refusals will help you better understand the specific regulations of your municipality and the necessary steps to take. They will ensure that your file complies with administrative and urban planning requirements to increase your chances of obtaining the building permit as quickly as possible.

Lawyer specializing in refusals of building permits: administrative appeal

Once your permit application is refused, you have several ways to defend yourself to carry out your project. Among these means is the administrative appeal. This step consists of asking the administrative authority, in writing, to reconsider its decision. To do so, you have a deadline of two months from the notification of the refusal to file this appeal. You should also note that this appeal is optional, but it can be decisive in certain cases.

For example, when your project is located within the perimeter of a remarkable heritage site or near a historic monument, the administrative appeal becomes a mandatory step. Permit refusals in these areas often come from the Architect of Buildings of France. Indeed, you must first contact the prefect of the region before any litigation proceedings.

In all cases, the administrative appeal requires special attention and appropriate argumentation to highlight the compatibility of your project with the requirements. By calling on our lawyers to contest a refusal of a building permit, we prioritize this option when the grounds for refusal seem clear and justified. This helps avoid a contentious procedure, which is often long and costly.

For appropriate solutions, our qualified professionals first analyze the reasons for the refusal based on the local urban plan or other regulatory documents. If adjustments to the initial project are necessary, we assist you in integrating them to maximize the chances of a favorable response. In some cases, we arrange a meeting with the urban planning department to clarify the expectations of the town hall in order to propose the most suitable solution.

Otherwise, we can draft a detailed written request to present your arguments precisely in order to highlight the elements that support a reconsideration of the decision. If the response to this appeal remains negative or implicit, we can also initiate a hierarchical appeal or litigation before the administrative court.

Lawyer specializing in building permit refusals: hierarchical appeal

Unlike the informal appeal, which is addressed to the authority that issued the decision, the hierarchical appeal involves addressing its superior. Depending on the nature of your case, this may be the prefect or the minister responsible for urban planning. This appeal requires sending a detailed and reasoned letter, setting out the reasons why you believe the refusal is unjustified or unfounded.

To initiate this appeal, it is therefore essential to provide precise and convincing elements in your letter. This must include a clear presentation of your project, a reminder of the points contested in the initial decision, as well as arguments demonstrating that your file complies with regulatory requirements. To do this, our team of expert lawyers in handling building permit refusals handles the drafting of your appeal, ensuring it is rigorously argued.

This step can lead to the cancellation of the refusal and the granting of the desired authorization. In the event of rejection of the hierarchical appeal, you can adapt your project based on the detailed reasons for refusal in the exchanges with the administration. If certain points raised seem justified, we can help you correct these aspects by adjusting the plans. Otherwise, we will move to the next step with the contentious appeal before the administrative court.

Specialist lawyer for building permit refusals: referral to the administrative court

Referring the matter to the administrative court is the ultimate remedy to contest a refusal of a building permit. This step allows the judge to assess the legality of the refusal and decide on its possible annulment. Our role here is to support you through all stages of the procedure. We ensure the preparation of a solid file by gathering the necessary documents and developing relevant arguments to defend your position.

With our experience in criminal law as well as our expertise in construction law and real estate, you will have the necessary tools to have the refusal act annulled. Our lawyers specialized in building permit refusals determine the most appropriate means, whether they involve external illegality or internal, to ensure an effective defense. We can rely on procedural defects, procedural irregularities, or the incompetence of the authority that made the decision to challenge the validity of the decision.

For example, a refusal signed by an unauthorized person or poorly justified can be annulled. We can also highlight errors in the application of urban planning rules or the delay in notifying the refusal. These means make it possible to demonstrate that the refusal was unfounded or contrary to applicable law. Even in situations where the administrative authority would be in a "limited competence", we can resolve the situation.

In such cases, if the prefect issues an unfavorable opinion on the project, the mayor can only follow its conclusions. Here, it is necessary to challenge not the mayor's decision, but the opinion issued by the prefect. Our support will help you maximize the chances of success in this type of litigation. Finally, you can turn to our firm to defend your permit in the event of a challenge from your neighbors or a third party.

Indeed, a local authority, a neighbor, or even an association can initiate proceedings to challenge your permit if the project directly impacts the conditions of occupation, use, or enhancement of their property. These challenges are often motivated by noise nuisance, alteration of the view, deterioration of traffic conditions, or loss of sunlight. Whatever the reason given, we can help you resolve this dispute as early as possible to carry out your project safely.