he increases legal recourse to block real estate projects, a judge warns him

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A little game that annoys the justice system. The administrative court of Cergy-Pontoise rejected the new request from a property dealer accustomed to legally “inadmissible” requests against real estate projects, and who this time contested the construction of 86 new housing units in Vaucresson (Hauts-de-Pontoise). Seine).

He tries to cancel the building permit

On November 14, 2023, the mayor (various right) of Vaucresson Véronique Jacqueline-Colas had in fact issued to the simplified joint stock company (SAS) Jouy a building permit authorizing the “partial demolition of the existing buildings” and the construction of “two buildings independent of 86 housing units” at n°4 boulevard de Jardy, where a garage is currently located.

Based in Suresnes, the limited liability company (SARL) VP Invest then seized the administrative court of Cergy-Pontoise on May 7, 2024 to cancel this building permit: it presented itself as an “immediate neighbor” of the project, since it is owner of a house located at 4 avenue des Fonds-Maréchaux, still in Vaucresson. Its manager Vassili Perinet also demanded 2,500 euros from the municipality to cover his legal costs.

“The project will (…) cause a loss of view and sunshine, darkness, a loss of privacy, noise pollution, road traffic, densification, real estate depreciation and nuisances due to the construction site,” he argued. .

But “a person (…) is only eligible to lodge an appeal (…) against a decision relating to the occupation (…) of the land (…) if the construction, development or project (…) is of nature to directly affect the conditions of occupation (…) of the property it holds”, begins by reminding the administrative court of Cergy-Pontoise in a judgment dated August 9, 2024 and which has just been made public.

The threat of a fine of up to 10,000 euros

However, the SARL’s real estate is “more than 490 meters as the crow flies” and “650 meters on foot” from the land where the two contested buildings are to emerge. “Moreover, she has no view of the project from her house,” notes the administrative court of Cergy-Pontoise.

“Therefore, the company (…) does not demonstrate that this project would be likely to directly affect the conditions of occupation (…) of its property”, concludes the court. “As a result, the company VP Invest has no interest giving it standing to challenge the building permit. »

The judge also informed her manager that the administrative justice code (CJA) gave her the option of imposing a fine of up to 10,000 euros for “abusive recourse”, which she will not do this time. here.

“Having regard to the reason for rejection of this order presented by the company, whose lack of interest in taking action is indisputable and to the regular referrals to the courts by Mr. Perrinet or by the company (…) of which he is the manager by inadmissible requests, the request (…) therefore presents an abusive nature,” she concludes.

She warns: “such behavior clearly exposes him to the risk of a fine for abusive recourse being imposed on him. It is necessary to inform the SARL of the existence of this option (…) without applying it. »

A regular at resorts in Hauts-de-Seine

Already in 2019, the Federation of real estate developers of Île-de-France (FPI-IDF) had filed a complaint against Vassili Perinet for “fraud” and “attempted fraud”.

This property dealer had filed, between 2018 and 2019, more than twenty legal appeals, blocking the construction of nearly 1,200 housing units in the Hauts-de-Seine department. After purchasing housing “at auctions,” he “agreed to withdraw his appeals in exchange for a sum of money,” explained The Parisian.

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