Updated May 2004 - by Robert Floyd LLD

In France there appears to be no notification that an application has been made and the first a neighbour knows of the plans is when they have been approved at the mairie and a notice is put up on the site indicating what is to be built.

In the UK if a neighbour seeks to build on or extend a property he has to display a notice on his property the planning office and look at the plans and if so inclined make objections to the proposals. Some 8 weeks are allowed for this process.

This seems weighted against the neighbour who might have very reasonable objections but has had absolutely no knowledge of the plans. Can you advise what the correct planning procedure is? What the time scales are and how planning applications are published.

Also are there local plans for future development in an area that can be viewed so an application can be looked at in the light of these plans.

According to article R 421-9 of the French Town Planning Code (Code de l’Urbanisme), the petitioner files his application for a building permit with the local Town Hall. According to paragraph 3 of that article, within 15 days of receiving the application a notice that it has been filed is posted in the Town Hall indicating the names of the petitioner, the number and date the application was registered, the address of the land, and details of the proposed building.

The Mairie usually takes between 2 and 6 months to examine the application.

If the work has not been commenced for a period longer than 2 years after the building permit has been obtained, or if they are interrupted for a period of more than 1 year, an application asking for renewal of the permit must be made.

One month before work begins, a declaration is made to the Town Hall indicating the purpose and nature of the materials to be used; and when the work commences, a declaration to this effect is sent to the Town Hall.

Before work begins, a sign of a specified dimension must be posted on the land by the beneficiary of the permit and the sign must be visible from the outside of the property. It indicates the name of the owner, the date the permit was granted and the nature of work being carried out.

In addition, and within 8 days following the express or tacit granting of the building permit, an extract of it must be posted in the relevant Town Hall for 2 months. The execution of this formality is recorded in a register listing in chronological order the Town Hall bye-laws (article R 421-39 3rd paragraph).

Proof that the details of the building permit have been displayed on the property is normally adduced by the production of a bailiff’s report (“constat d’huissier”).

Neighbours or third parties may contest the permit by an application made first of all to the administrative authorities and if that is unsuccessful to the Administrative Court.

According to article R 490-7 of the Town Planning Code (“Code de l’Urbanisme”), third parties must commence proceedings before the expiry of the later of the following dates:

- within a period of 2 months from the date the permit was posted on the land, or

- within a period of 2 months from the date the permit was posted in the Town Hall

Both postings must be for continuous period. The beneficiary of the permit must be informed of the proceedings so taken or otherwise the claim is null and void.

Finally, and as regards local town planning documents your correspondent should be aware that one of the many procedural requirements of the local town planning document known as the Plan Locald’Urbanisme (P.h.U.) is that the various minutes of the meetings and bye-laws be posted in the Town Hall as and where they are voted upon and created.

This gives the public adequate time to comment and object to them if grounds exist.

© Robert Floyd 

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