Near Lyon. The sale of their house blocked for 5 years: these owners are exhausted

The town hall of Décines at war with the developer Les Nouveaux Constructeurs? The community has long refused its real estate project of 66 housing units in his town in eastern Lyon. The other camp intends at all costs to submit its building permit deemed valid by the administrative court of Lyon and the Council of State.

The owners of the four houses, which must be sold and razed to build these buildings, find themselves in the middle of this fight. A battle that has lasted for five years. Testimonies from these angry and desperate residents who denounce “moral, financial and anxiety” damage.

Four houses surrounded by buildings

The standoff never ends. Josiane* (not her real name) bought the house at 14 rue Hector-Berlioz with her husband in 1996. He recently passed away. “He was never able to enjoy the money from the sale,” her son laments. In this neighbourhood of Décines, Josiane is one of those who live in the last four houses.

Around it, there are only buildings that have been built in recent years. Some are even flush with properties with balconies directly overlooking the gardens and terraces.

Trouble since 2019

This small block of houses has had its day. The owners have been aware of this for a long time. In 2019, they concluded a first deal with a developer who “threw in the towel”, discouraged by the pugnacity of the city hall in not wanting the project.

In August 2021, Les Nouveaux Constructeurs, another developer, took over the project. He submits the building permit. “No one received them at the town hall,” Josiane tells us.
“The first permit is refused without explanation.”

For the second permit, “they tell them that modifications are necessary. They do them and represent the permit…” The latter is once again refused by the Décines town hall. A legal battle then begins.

The developer attacks the town hall for unfounded refusal on April 27, 2023. The administrative court condemns the Decin community, which is appealing. She is rejected.

Owners blocked by legal battle

Meanwhile, owners are losing patience. They are afraid: “We are committed to a promise of sale and we cannot commit elsewhere. The houses are starting to age, they need work… we are stuck. »

The town hall appealed to the Council of State in January 2024. The latter disavowed it by confirming the decision of the administrative court. The town hall is required to issue the building permit in August 2024.

” We are powerless in the face of a community that shows bad faith. We had a first judgment which condemned the city to issue the building permit in 2022,” deplores the promoter Les Nouveaux Constructeurs, contacted by news Lyon.

A real estate project too high? “The town hall is wrong”

For its part, the town hall finds the project disproportionate. The reasons for refusal given by the municipality are:

• The facade height is greater than the regulatory 13 meters, without the project – which provides for a penthouse construction with several volumes – guaranteeing harmony with the neighboring building
• The project volume does not take into consideration surrounding constructions and does not fit into its environment
• The project does not provide for any additional storage of rainwater (even though the site is in a risk zone)
• The project does not respect the obligations in terms of location and in particular a setback of 5 meters (balconies are located on each floor, all along the facade)

Arguments brushed aside by the promoter. “It’s not too high at all, there is a PLU (Local Urban Planning Plan). This is why they were rejected. It fits perfectly into the environment. Either the judges do not know the law, or the city hall is wrong. I think it is the second solution. Our permit complies with the law in force.”

And added: “It’s all the more annoying as there is a shortage of housing in the metropolis. If we don’t densify around a tram line, I don’t know where we will densify. »

The town hall will finally issue the building permit

Relaunched by the editorial staff ofnews Lyon this Thursday, June 26, the town hall will, reluctantly, obey the law and accept the building permit for this real estate project. After five years of battle, it will be a real relief for the owners.

They can’t stand the situation any longer. “My mother has already missed two opportunities for an apartment in the town,” laments Josiane’s son. Like her, her neighbors, all retired, are crossing their fingers and waiting to see the building permit officially filed to finally be able to turn this heavy page in their lives.

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