Lawyer specializing in stays of proceedings on a building permit

Your building permit application is suspended due to a stay of proceedings and you are looking for appropriate solutions to get out of this situation? Do you need the support of a lawyer specializing in stays of proceedings on a building permit to challenge this decision? You can count on the expertise of our law firm specialized in urban planning law to protect your interests.

Whether for a gracieux appeal, an appeal for annulment, or an appeal for excess of power, we offer tailored support. We also evaluate alternatives in case of a justified decision to make the best decision, whether it involves putting the administration on notice to acquire the land or seeking compensation. Thanks to our experience, we also assist local authorities or administrative bodies to ensure the compliance of decisions and limit litigation.

The validity of the stay of proceedings on a building permit application

Faced with a building permit application, the competent authority has three options:

• grant the permit;
• refuse the permit;
• opt for a stay of proceedings.

The last option is a decision specific to urban planning law. It allows for the temporary suspension of the issuance of the permit when a revision or development of the Local Urban Plan (PLU) is underway. The aim is to prevent the proposed project from compromising the future directions of the PLU or making its implementation more costly. This measure, provided for in Article L. 424-1 of the Urban Planning Code, serves as a safeguard mechanism for collective interests.
However, although inherently temporary, it can have significant implications for the applicant. Not only does it suspend the feasibility of the project, but it also generates substantial financial and administrative consequences. This is why this decision must meet certain conditions to be valid, including a precise justification, the publication of the deliberation related to the PLU, and the indication of a duration and a confirmation deadline.

Without these elements, the validity of the decision can be challenged, leading to costly litigation. Indeed, we offer a legal assistance service, not only to help administrative authorities make well-considered and valid decisions, but also to support property owners. You can therefore call on our lawyers specializing in stays of proceedings on building permits to understand the implications of this decision and anticipate its effects on your projects.

We analyze your situation precisely to provide you with tailored advice, aimed at protecting your interests while respecting the guidelines of the local urban plan being developed. We offer you customized solutions to minimize the impacts of this temporary freeze and prepare your future actions. This includes analyzing the possibilities of adapting your projects to the requirements of the future PLU if necessary, while respecting your objectives.

We also intervene with administrative authorities during procedures related to adoption or revision of the PLU. We offer our expertise to secure the process, especially if it leads to an expropriation procedure. Our role is to assist them at every step, ensuring that the steps comply with legal requirements, while preserving the necessary balance between individual projects and collective interests.

Assistance from our lawyers to challenge a stay of proceedings on a building permit

A deferral of a decision on a building permit application is a contestable decision. Indeed, if you believe it is unjustified or seriously compromises your project, you can take the necessary legal steps to assert your rights. You have several options, including an administrative appeal and an appeal for annulment. Whatever you choose, our firm is by your side to assist you throughout the process.

Lawyer specializing in stays of proceedings on a building permit for a gracious appeal

The administrative appeal is the fastest and least costly challenge route. You can send a written request to the competent authority, generally the town hall or the prefecture's legality control service, to request the withdrawal of the order. This letter, sent by registered mail with acknowledgment of receipt, must be filed within two months of notification of the stay.

It must contain precise arguments to convince the administration. To quickly obtain a favorable outcome, it is advisable to be assisted by a specialist. At Macfarlanes LLP, we help you analyze the documents relating to the stay, including the order and its reasons. If we note irregularities, such as a lack of justification or non-compliance with procedural rules, we support you in asserting your rights.

You will have a specialist lawyer for stays of proceedings on a building permit who will handle the drafting of this letter to make it clear, concise, and well-argued. He will know how to highlight the irregularities that may justify the withdrawal of the decision. He can even meet with the relevant authority for negotiation sessions to find a favorable outcome.

Assistance from our lawyers in the event of litigation to obtain the annulment of the decision

If the administrative appeal is unsuccessful or if you prefer to initiate formal proceedings directly, you have the option to refer the matter to the administrative court. In this context, our team of lawyers specializing in stays of proceedings on building permits handles the entire procedure.

We prepare a solid brief to present your arguments before the court, based on applicable legal texts and case law. We also ensure your representation during hearings and respond to any additional requests from the judge. By choosing our support, you increase your chances of having the stay annulled and resuming your project as quickly as possible.

Specialist lawyer for stays of proceedings on a building permit: compensation

If the decision ultimately proves to be illegal, it constitutes a fault that may engage the municipality's liability, according to the principle established by the Council of State in its decision of April 15, 2016. However, to obtain compensation, it is essential to demonstrate that the decision caused damages that are direct and certain. Faced with such a situation, it is essential to call upon professionals to examine the impact of the deferral decision.

By involving our expert lawyers in managing cases of stay of proceedings on a building permit, you will benefit from full support for all steps to obtain compensation. This includes gathering all necessary evidence, such as contractual commitments or exchanges with potential buyers. We ensure that your file is complete and convincing to demonstrate the real impact of the decision to stay proceedings on your project. This rigorous preparation maximizes your chances of success.

Once the file is assembled, our professionals conduct negotiations with the authorities to defend your interests and obtain fair compensation. If amicable negotiations fail, we represent you before the administrative judge to assert your rights. Throughout this process, we remain by your side to answer your questions and keep you informed of each development.

Lawyer specializing in stays of proceedings to sell your land to the administration

When a stay of proceedings is ordered for your building permit application, the final decision may lead to a declaration of public utility, which can result in expropriation. However, as a property owner, you have the option to formally demand that the relevant authority proceed with the acquisition of your land. This approach turns a constraint into an opportunity.

You can not only obtain compensation for your property, but also quickly clarify your asset and financial situation. If you are considering such an option, we have not only lawyers expert in handling cases of stay of proceedings on a building permit, but also specialists in agricultural and wine-growing transactions to guide you. Once the formal notice has been sent, it is often necessary to initiate negotiations with the administration or the local authority.

Our role is to act as mediators to represent your interests. Additionally, assessing the value of your land is an essential step for the sale. This includes not only the real estate value of the land but also taking into account its equipment and improvements. Our specialists will carry out a precise and comprehensive assessment using reliable analysis tools and market comparisons.
Our goal is to obtain a fair offer that reflects the value of your land and any losses related to the stay of proceedings. Finally, we handle the drafting of all documents necessary for this transaction. Whether it is settlement agreements or deeds of sale, we ensure that each document complies with current legal requirements.