How can a third party challenge a building permit?
A third party has two months to challenge a permit, running from the first day of a continuous two-month period of posting on the site (article R.600-2). They must show an interest in bringing the action and notify their appeal to the author of the decision and to the permit holder within fifteen days (article R.600-1).
Posting on the site starts the period running
The holder of a building permit must post it on the site, on a compliant sign whose wording remains legible from the public road, throughout the works (article R.424-15 of the French Town Planning Code). This sign states, in particular, the name of the beneficiary, the name of the architect who designed the architectural project, the date of issue and the number of the permit, the nature of the project and the surface area of the land, the address of the town hall where the file can be consulted and, if the project provides for constructions, the floor area and the height (article A.424-16). It also reproduces the wording relating to the right of appeal (article A.424-17).
The third-party appeal period is two months from the first day of a continuous two-month period of posting on the site (article R.600-2 of the French Town Planning Code). Incomplete, interrupted, or non-compliant posting does not start this period running: this is why it is prudent to have the posting recorded by a judicial commissioner (commissaire de justice).
Informal appeal, judicial appeal, and standing to act
Within the two-month period, the third party can send an informal appeal (recours gracieux) to the authority that issued the permit, asking it to withdraw it. This appeal extends the period for then referring a judicial appeal to the administrative court. Failing an informal appeal, the administrative court can be seised directly.
The claimant must show an interest in bringing the action: the challenged construction must directly affect the conditions of occupation, use, or enjoyment of their property (article L.600-1-2 of the French Town Planning Code). A mere neighbour who is not concretely inconvenienced does not necessarily have standing to act, this requirement being intended to limit abusive appeals.
The obligation to notify, on pain of inadmissibility
The author of an appeal, whether informal or judicial, against a permit or a decision of non-opposition must notify their appeal to the author of the decision and to the holder of the authorisation, within fifteen clear days, by registered letter with acknowledgment of receipt (article R.600-1 of the French Town Planning Code). Failing notification, the appeal is inadmissible.
This formality allows the permit holder to be informed of the challenge without delay and, where appropriate, to suspend the works. In return, the holder's failure to comply with the regulation posting exposes them to a longer exposure to appeals, since the two-month period only starts running from proper and continuous posting.
Frequently asked questions
From when does the two-month appeal period run?
From the first day of a continuous two-month period of the permit being posted on the site (article R.600-2 of the French Town Planning Code), and not from the date of the order. Irregular or interrupted posting does not trigger the period.
What happens if the appeal is not notified to the beneficiary?
The appeal is inadmissible. Article R.600-1 requires that every appeal be notified to the author of the decision and to the permit holder within fifteen clear days, by registered letter with acknowledgment of receipt, failing which it cannot succeed.
Can a permit be challenged after the works are finished?
Once the two-month period following proper posting has passed, annulment becomes very difficult. An action for demolition remains confined within strict conditions of time and grounds (article L.480-13 of the French Town Planning Code).
Read next
- Code de l'urbanisme, article R.600-1 (Légifrance)
- Code de l'urbanisme, article R.600-2 (Légifrance)
- Code de l'urbanisme, article R.424-15 (Légifrance)
- Code de l'urbanisme, article A.424-16 (Légifrance)
- Code de l'urbanisme, article A.424-17 (Légifrance)
- Code de l'urbanisme, article L.600-1-2 (Légifrance)
- Code de l'urbanisme, article L.480-13 (Légifrance)
- Service-Public.fr : Contester une autorisation d'urbanisme
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