Lawyer specialized in urban planning law and building permits in Paris

Do you need support for procedures related to the creation of a concerted development zone (ZAC) or do you wish to audit a declaration of public utility (DUP) file? Are you considering filing a subdivision permit application or obtaining a development permit and looking for a lawyer specializing in urban planning law in Paris? Our firm is at your disposal to assist you at every stage of your projects.

Whether you are an individual, a builder, a developer, or a quasi-public body, we have a team of over 60 professionals to meet your specific needs. Whether it is obtaining a planning permit, land use authorizations, or the strategic analysis of legal risks related to your projects, we offer a comprehensive service. With our experience in business criminal law, we also intervene in the management of disputes to protect your interests.

Urban planning lawyer in Paris: drafting of urban planning documents

The development of urban planning documents is essential to define the planning of a territory and regulate construction projects. These documents include:

• the Local Urban Plan (PLU);
• the Local Intercommunal Urban Plan (PLUi);
• the Territorial Coherence Scheme (SCOT)
• regional planning, sustainable development and territorial equality scheme (SRADDET).

At Macfarlanes LLP, we have lawyers specialized in urban planning law in Paris who advise and assist local authorities and individuals in designing these documents in compliance with legislation. Indeed, the PLU is a document that sets the rules for land use at the municipal level, determining buildable, agricultural, or natural zones.
To succeed in its development, specific studies are therefore necessary to ensure the legitimacy of decisions. Thus, we help our clients not only to carry out a detailed audit of the land concerned, but also to draft the PLU while ensuring its legality and preventing the risks of challenge. Furthermore, for intercommunalities, the PLUi makes it possible to establish coherence between the PLUs of different municipalities.

In this context, we verify that the document complies with local and regional guidelines regarding urban development. As for the Territorial Coherence Scheme (SCOT), it sets the main planning and development directions at the inter-municipal level for the next 15 to 20 years. With our expertise in the field, we can assess the legality of these documents to prevent any litigation.

We advise our clients on the steps to take to correct an urban planning document that contains irregularities, particularly through administrative appeals. We also intervene in cases of requests for repeal or withdrawal, examining the legal elements to ensure strict compliance with procedures.

Urban planning lawyer in Paris: assistance in case of urban preemption

The urban pre-emption right (DPU), defined in Article L. 211-1 of the Urban Planning Code, allows a public authority to acquire a real estate property in place of a private buyer.

This right is exercised in the general interest to carry out projects such as:

• public facilities;
• of road improvements;
• preservation of sensitive natural areas, etc.

It applies in particular in urban areas, deferred development zones (ZAD) and may also concern business assets and commercial leases. Thus, when an owner wishes to sell a property located within a DPU perimeter, they must file a declaration of intent to alienate. The notary then notifies this declaration to the relevant local authority. If the authority decides to exercise its right of pre-emption, it has two months to notify its intention to acquire the property.

This prevents the initial sale from materializing in favor of the prospective buyer. The local authority may also choose to preempt only part of the property, depending on its needs for the project of general interest. However, to be legal, the preemption decision must be justified and clearly indicate the purpose and general interest of the project. It must also demonstrate that the project was already planned before the preemption decision.

The owner has a period of two months to contest this decision before the administrative court. He can thus challenge the legality of the preemption if it lacks justification. In this case, he must involve his lawyer specialized in urban planning law in Paris to assert his rights. In our firm, we assist individuals who wish to contest a right of preemption before the administrative court.

We can request the suspension of the preemption decision until the court rules on the merits. In the event of the sale being annulled, we can help the owner obtain compensation for the losses suffered. This may include the loss of a chance to sell the property or the costs of immobilizing the property or business. Our expertise allows us to best support both owners and local authorities in managing and contesting the right of preemption.

Lawyer in urban planning law in Paris: management of land use permits

You have a construction project or are creating a development zone and wish to request authorization from the administration in Paris? Apart from new constructions, developments and changes of use require specific procedures to obtain a planning permission. These procedures include building permits, development permits, and prior declarations.

For a quick and secure obtainment of these permits, it is always preferable to be assisted by urban planning lawyers in Paris. By contacting Drouot Avocats, you will benefit from personalized legal assistance at every step. You know that before any application, it is essential to verify the buildability of the land, especially if it is in an agricultural or natural zone, and to understand the urban planning rules that apply.

Indeed, our specialists will advise you on the feasibility of your project by analyzing local restrictions. This helps avoid subsequent refusals or disputes. By studying the zoning and applicable regulations, we help you adapt your project to meet administrative requirements from the outset. We also intervene in the procedures for applying for a land use certificate. This is an essential document for obtaining information on construction and land use rules.

This certificate allows you to know the buildability of a plot of land and the limitations on its use. Our team assists you in preparing the file, ensuring it is complete and compliant, thereby increasing the chances of success of your application for authorization. At Macfarlanes LLP, we also carry out audits of building permit files to ensure their compliance and prevent potential disputes.

We also anticipate the risks of neighborhood disturbance, by verifying that the project respects distances and ground coverage rules. Finally, we assist you in the procedures for withdrawing a planning permission when it has become void or was granted irregularly. Whether you are an owner, builder, or neighbor affected by a contestable authorization, our expertise ensures compliance with urban planning rules and defends your interests.

Avocat en droit d’urbanisme à Paris : gestion des contentieux

Vous pouvez aussi contacter notre cabinet d’avocats spécialisés en droit d’urbanisme à Paris pour la résolution des différents types de contentieux liés aux projets d’urbanisme. En cas de litige lié aux décisions d’urbanisme, comme un refus de permis de construire ou une annulation de certificat d’urbanisme, nous pouvons intervenir pour vérifier la légalité des actes en question.

Next, we will assist you in preparing administrative appeals to annul an unfavorable decision, relying on a rigorous analysis of legal and procedural elements. Furthermore, we are able to have an administrative act annulled, such as a building permit or a subdivision permit. To achieve this, our team conducts an in-depth analysis of each situation to identify irregularities that may justify an annulment.

We thus work closely with our clients to develop a defense strategy that maximizes their chances of success in litigation. Furthermore, we will represent and defend you, whether in the event of prosecution for non-compliance with a building permit or other urban planning obligations. It should be noted that our resolution strategy often follows two plans. We favor the amicable route before resorting to legal action if necessary.
In the event of judicial proceedings, whether for a claimant or defendant party, our expertise in business criminal law allows us to protect your rights without compromise. We ensure a fair and appropriate defense, taking into account the specifics of each case. We also assist victims of expropriation or any other issue in obtaining compensation, particularly in cases of losses related to an illegal decision.