RINGLÉ ROY & ASSOCIÉS

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Pack «I contest an urban planning authorization»

A construction project is being prepared near your home?

Your neighbor has started work without authorization? 

Do you wish to contest the building permit obtained by your neighbor?

You wish to be advised on the legal actions that exist? 

RR&A provides you with advice to develop your strategy to contest the disputed authorization.
We accompany you before the administrative court and the administrative court of appeal thanks to its experience in urban planning law.

We will accompany you step by step to make the different stages of the claim understandable. 

OFFICE MEETING / TEAMS / ZOOM

Important: the time limit for contesting an urban planning authorization is 2 months following the publication of the decision (e.g. 2 months from the posting of the building permit on the land). Reactivity and rapidity are therefore essential in this type of case.

The first meeting will be an opportunity for you to explain in detail your situation and the project you wish to contest. 

ANALYSIS OF THE FILE

In order to proceed with a precise analysis of your file, it will be important to provide us with all the documents necessary for its review (title deed or lease contract, copy of the town planning permission, copy of the public notice, co-ownership regulations).

This indispensable preliminary analysis will allow us to establish the best strategy to adopt and to determine whether:

: you are admissible, as a neighbor, to contest the authorization,
: the authorization has formal and substantive irregularities that could lead to its cancellation. 

DRAFTING OF THE PRELIMINARY CLAIM AND THE COMPLAINT BEFORE THE ADMINISTRATIVE COURT

If you decide to initiate an action against the urban planning authorization:
  • A preliminary petition against the building permit will be drafted and filed on your behalf (this is a letter sent by registered mail to the administration that granted the planning permission to present the legal arguments that should lead to withdrawal of its decision).
  • If the administration fails to respond within 2 months of receipt of the preliminary petition, or if a rejection response is received, a new 2-month period will begin to run, at the end of which it will be necessary to submit a complaint to the court to cancel the administration’s decision.
Once the complaint has been registered and transmitted to the opposing party, the procedure lasts on average between 18 and 24 months, during which time new briefs may have to be filed to respond to the opposing arguments.
All draft briefs are subject to your prior approval. 

AND ASSISTANCE DURING THE HEARING BEFORE THE JUDGE 

When a hearing is scheduled, we will represent you sent you minutes afterwards.

A post hearing opinion may also be drafted and filed with the court if the government’s representative, who presents his/her legal opinion during the hearing, proposes to the court to reject the application.

Finally, the judgment is notified within 2 to 3 weeks following the hearing date.
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