lawyer specialized in urban planning law and building permits in Bordeaux

Do you wish to sell a property located in a preemption zone or are you looking for a legal professional to obtain the necessary planning permissions for your project? Need legal assistance to establish an administrative emphyteutic lease to operate a renewable energy site? Our specialized urban planning lawyers in Bordeaux put their expertise at your service to secure and defend your projects, whether you are an individual, company, builder, or public body.

We intervene in various fields: from managing planning permissions to drafting administrative documents, as well as public domain and resolving disputes. Whether for the creation of a concerted development zone (ZAC), obtaining a building permit or a land use authorization, you can count on our expertise.

Lawyer in urban planning law: sale of a property located in a pre-emption zone

When you wish to sell a property located in a pre-emption zone, you are required to first offer this sale to the town hall. This is a right of pre-emption governed by law. It allows a local authority or the town hall to become the buyer in order to carry out projects of general interest, such as creating community facilities, social housing, or urban renewal.

The assets concerned notably include:

• individual houses;
• the buildings;
• the land.

In this context, your freedom to choose your buyer is restricted, making the support of a specialized lawyer essential to secure the sale. Indeed, our firm provides you with specialized urban planning lawyers in Bordeaux to assist you with all your projects involving pre-emption rights. We handle all the administrative procedures necessary for the sale of a property in a pre-emption zone. This includes drafting and filing the declaration of intent to alienate with the town hall.

We also ensure compliance with deadlines and procedures so that the local authority expresses its interest according to the rules. If it decides to preempt, we can guide you in managing the following steps and ensuring your file is compliant. We also ensure the fair valuation of the preempted property by relying on experts in real estate valuation. This guarantees that the price offered by the town hall reflects the true value of your property, avoiding any harmful undervaluation.

In some cases, we can initiate negotiations to obtain a revision of this assessment, best preserving your financial interests. However, you have the right to challenge the pre-emption decision under certain conditions. In this case, our specialists can analyze the legality of the administrative act. They will advise you and help you build a compliant file, with appropriate legal remedies to defend your rights in the event of an unjustified or arbitrary decision.

Our lawyers can thus request the annulment of the decision before the administrative court if it lacks justification. Furthermore, thanks to our network, we can put you in touch with potential buyers if the town hall decides not to exercise its right of pre-emption. We will then handle the drafting of the necessary legal documents and the negotiation of the sale conditions.

Urban planning lawyer in Bordeaux: planning documents and permits

If you wish to carry out development or construction projects in urban areas, drafting planning documents and managing permits are essential steps. This depends on your profile and the type of project you wish to undertake. For local authorities or municipal authorities, it is important to design documents such as the Local Urban Plan (PLU), the Territorial Coherence Scheme (SCOT), or the Regional Planning Scheme (SRADDET).

These documents help structure land planning by defining:

• the buildable zones;
• natural areas;
• agricultural zones, etc.

To develop these documents, it is preferable to be accompanied by a professional. By calling on our team, you will benefit from personalized support, provided by expert lawyers in urban planning law in Bordeaux. We assist you at every stage of the development of the PLU for example. We carry out complete audits of the land in order to precisely define the buildable areas and those that must remain protected.

This ensures the legal security of the PLU, minimizing the risks of future challenges and complying with the legal obligations imposed. We can also intervene to audit your existing document to verify whether it respects the orientations of regional schemes to avoid conflicts of interest. Furthermore, we assist individuals and companies in applying for urban planning authorizations.

Projects for new constructions or developments often require a building permit or a prior declaration. To carry out these procedures, it is necessary to provide detailed reports attesting to the feasibility of the project and its potential impacts on neighbors and the environment. With our team, you can analyze the project site and local planning rules to build a solid file.

This increases the chances of obtaining the desired authorization without conflict with the administration. Finally, Macfarlanes LLP also intervenes to resolve any disputes related to urban planning authorizations. In case of a challenge to a building permit or neighborhood disturbances, we ensure the defense of your interests by undertaking the necessary appeals. Whatever your needs, we guarantee you comprehensive support for optimal management of your urban projects.

Lawyer in urban planning law in Bordeaux for a long-term lease

The emphyteutic lease is a contract between a tenant or emphyteuta and an owner, generally a local authority. Unlike a standard lease, this type of lease, with a duration ranging from 18 to 99 years, grants the tenant quasi-ownership rights. It thus allows the emphyteuta to use the land over a long period while respecting certain contractual obligations towards the owner.

For example, the tenant must:

• invest regularly in land enhancement;
• pay his rent;
• pay property and housing taxes;
• assume any charges related to the emphyteusis.

However, concluding such a lease requires a precise legal framework to ensure that the rights and obligations of the parties are clearly defined from the signing of the contract. At Macfarlanes LLP, we have urban planning lawyers in Bordeaux to assist you. They have a perfect command of public domain law and can explain all the legal issues and implications of an emphyteutic lease.

They can advise you on how to structure the contract to meet the specific needs of your project, whether it is the operation of a renewable energy site or a classified installation for environmental protection (ICPE). We ensure that each clause protects your interests while respecting the legal obligations imposed on the parties. We can also assist you in negotiating specific conditions or clauses, particularly regarding conditions precedent to secure your project in the long term.

Lawyer in urban planning law in Bordeaux: public domain and litigation

Public domain refers to all property belonging to the State or local authorities that is dedicated to public use or a public service. These assets, which include administrative buildings or natural spaces, are subject to a specific regime that protects them from any private appropriation. They are therefore inalienable and imprescriptible, meaning they cannot be sold or acquired by prescription.

However, they may be subject to transfer under certain conditions. At Macfarlanes LLP, we assist local authorities and public actors in managing transfers of assets falling within the public domain. Our role is to assess the legality and feasibility of each operation, ensuring compliance with the specific procedures for this type of asset. We intervene in the drafting of legal documents and coordinate all necessary steps, in collaboration with administrative services and real estate professionals.

Furthermore, we have urban planning lawyers in Bordeaux who handle cases of easements. With their expertise and experience, we help our clients manage rights of use over public domain, whether it involves rights of way, networks, or infrastructure. In addition, our firm has a team of experienced lawyers in expropriation law, enabling us to support our clients through all stages of proceedings up to potential judicial challenges.

Our team handles negotiations to set fair compensation, taking into account the value of the property and its impact on the activities concerned. In the event of a dispute, we develop an appropriate defense strategy and represent our clients before the competent courts. Finally, we intervene in all types of disputes, including illegal occupation of the public domain, contestation of alignment orders, or offenses in criminal urban planning law. Contact us now to make an appointment.