The procedure for withdrawing a building permit and the possibility of submitting written and oral observations

Published on July 27, 2023

Real estate / construction

In a decision of June 12, 2023, the Council of State ruled that the withdrawal of a building permit was illegal on the grounds that the permit holder had not been able to make oral observations, even though they had been given the opportunity to submit written observations.

As a reminder, article L. 121-1 of the Code of Relations between the Public and the Administration provides for the implementation of an adversarial procedure prior to the withdrawal of a decision creating rights, including building permits, allowing the interested person to submit written observations and, where applicable, oral observations when they so request.

In this case, the local authority had considered withdrawing a building permit for the construction of a real estate complex and had invited its holder to submit written observations prior to the withdrawal of the authorization.

To contest the withdrawal of the building permit, the applicant company argued before the Montreuil Administrative Court that although it had been given the opportunity to submit written observations, it had not, however, been able to present oral observations despite having requested this from the local authority.

To dismiss the alleged procedural defect, the Montreuil Administrative Court had applied the case law of the Council of State "Danthony" of December 23, 2011 (No. 335033) by ruling that the holder could not have been deprived of a guarantee since the latter had in any case been able to submit written observations.

The Council of State overturned the judgment for legal error.

The possibility of presenting oral observations constitutes an autonomous guarantee, and the provisions of Article L. 121-1 of the Code of Relations between the Public and the Administration impose an obligation on the local authority to grant requests for hearings made by interested parties, even if they have already submitted written observations.