Specialist lawyer for work without a permit

You are considering carrying out work and wondering if it requires a permit? Are you looking for a lawyer specializing in work without a permit to regularize construction carried out without authorization? Do you need professional assistance to defend yourself against a stop-work order or a criminal penalty? Contact Macfarlanes LLP to protect your rights and secure your projects.

We put our expertise in urban planning law at your disposal to support you at every stage. Whether it is to advise you on the applicable regulations, regularize work carried out without a permit, or contest a stop-work order, our firm offers you personalized solutions. In addition, we handle all the necessary procedures to obtain a building permit if needed.

Assistance from our specialist lawyers for work without a permit

A permit is an official document issued by local authorities. It is essential for carrying out construction work, renovation, extension, or even for installing photovoltaic panels. These authorizations ensure the project's compliance with the applicable urban planning rules.

We can mention:

• the building permit;
• the demolition permit;
• the planning permit, etc.

As for the concept of work without a permit, it covers two distinct realities. On one hand, it concerns work exempt from authorization, such as constructions with an area of less than 5 m² and a height of less than 12 m², etc. On the other hand, it includes work carried out irregularly, without the necessary authorization. It is therefore important to understand the specific regulations for each type of project before starting the work.

Indeed, our experienced lawyers in managing work without a permit offer you personalized legal assistance. This involves carrying out a detailed analysis of your project by checking the constraints imposed by the PLU (Local Urban Plan) or any other applicable regulatory document. Then, our experts explain in detail the various applicable regulations, whether they concern surface area limitations or specific conditions imposed by your municipality.

These explanations allow you to avoid any offense or misunderstanding that could lead to penalties. Finally, we assist you with all the necessary procedures for carrying out your work. Whether it is to request authorizations, prepare documents to be provided in the event of a prior declaration, or monitor the work, we will be by your side. This comprehensive assistance allows you to carry out your work with complete peace of mind, while respecting the laws in force.

Specialist lawyer for work without a permit: regularization of illegal work

You have undertaken work without obtaining prior authorization or a permit? This situation constitutes an offense under the Urban Planning Code and can have serious legal consequences. First, on the criminal level, carrying out work without a permit is a criminal offense. The Public Prosecutor may refer you to the criminal court, which could impose a fine proportional to the severity of the offense.

In some cases, demolition of the constructions may be ordered, forcing you to restart the work with a valid permit. On the civil level, in the event of an accident or damages related to non-compliant construction, your liability could be engaged. Furthermore, the town hall may issue a work stoppage order (AIT) and attach a financial penalty to this decision. These sanctions may be accompanied by complications if you plan to sell the property.

Faced with these risks, regularizing your work is a necessity. The first step is to file a regularization request with the town hall. This involves completing a CERFA form (Centre d’enregistrement et de révision des formulaires administratifs) and providing the required documents to obtain a permit. Speaking of CERFA, we have several types, each adapted to the nature and size of the work.

There are specific CERFA forms for work requiring a building permit and others for work requiring only a simple declaration. This is why the regularization procedure, although theoretically accessible, requires professional support in practice. Sometimes, you will also need to adjust your work to comply with current construction standards and planning rules.
It is therefore preferable to contact our firm of lawyers specialized in work without a permit to accompany you at every stage of this process. We analyze your situation to define the best regularization strategy. With our experience in planning law, we can help you prepare a complete and legally compliant file. If modifications are necessary to obtain the authorization, we guide you in their implementation.

Assistance from our lawyers specializing in work without a permit in the event of an AIT

The stop-work order is an administrative decision that suspends work deemed non-compliant with planning or safety regulations. It is based on a precise procedure, including an official report of the offense, a description of the irregularities and an adversarial procedure. This measure requires a rapid and appropriate response to preserve your rights and interests. As expert lawyers in criminal law specializing in planning law, we understand the consequences that an AIT can have on your projects.

For example, work suspension can lead to significant delays, unforeseen costs, and site deterioration. Therefore, you should be assisted by your experienced lawyer in handling matters of work without a permit to limit the effects of this decision. By contacting Macfarlanes LLP, you will benefit from professional representation from the earliest stages, particularly during the adversarial procedure that allows you to present your observations.

Our lawyers analyze the reasons put forward by the administration and identify any irregularities to build a solid argument. This allows us to initiate negotiations with the authorities to consider amicable solutions that would allow the rapid resumption of your work. For example, if a lifting of the AIT is possible, we assist you in all necessary steps before the administrative authority or the court.

Our lawyers work with you to collect the required documents and defend your application convincingly. This will allow you to demonstrate the need to continue the work with concrete evidence, whether to secure a site or avoid additional damage. However, if the order is based on questionable grounds, we can initiate a challenge before the administrative court.
In this case, we verify the compliance of the procedure and identify any procedural defects to prepare your defense. Finally, if the AIT is unjustified, we are able to take steps to obtain compensation, while establishing a clear link between the damage suffered and the administrative decision. Whether it involves financial losses, delays or disruptions to your projects, our firm is committed to defending your interests and reducing the impact of these situations on your activity.

Specialist lawyer for work without a permit: building permit application

As previously explained, a building permit is a mandatory authorization for major works, including:

• the construction of a single-family home;
• the extension;
• the raising;
• interventions modifying the load-bearing structure of a building, etc.

However, obtaining it requires rigorous preparation and a perfect knowledge of urban planning rules. This involves putting together a complete file, respecting deadlines, and understanding the specific requirements of your project. To maximize your chances of success, contact our team from the start of your project. We have been working in this field since 1994 and support professionals, individuals, and companies.

We not only have lawyers specializing in work without a permit, but also experts in various fields, including real estate and construction, to assist you. Whether to guide you on the documents to provide, verify the compliance of the work with local regulations or handle all procedures, you can count on us. We take care of all formalities for you, ensuring compliance with the specific procedures of your municipality.

After submitting your file, whether at the town hall or online, we will closely monitor its progress. The urban planning services will verify the compliance of your project with local regulations. The outcome of this step may include requests for modifications or refusals. Indeed, we remain by your side to respond to any requests for additional information. In case of refusal, we analyze the reasons or arguments invoked in detail to identify any weaknesses.

Next, we advise you on the possible remedies to assert your rights. If the decision is based on minor or rectifiable aspects, we carry out the regularization by modifying the disputed points. Otherwise, we initiate a graceful appeal or hierarchical appeal procedure with the competent authorities. In some cases, it may be necessary to refer the matter to the administrative court to challenge an abusive decision or one that does not comply with applicable rules.