he wants to build a building, but permanently loses his building permit

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He hoped to win his case before the highest administrative court, but the Council of State definitively disavowed him. THE beneficiary of a building permit who planned to build a small building in Bièvres (Essonne) but who had too late to start the work, will not be able to do so.

He wanted to build a building with three apartments

Owner of a plot located at numbers 18 and 20 of Allée des Marronniers, near the N118, Yves XXX had in fact received a building permit on September 17, 2015 to build a three-unit building there.

“The opening” of its site was administratively declared on September 26, 2015, but a state agent visited the site on January 8, 2016 and noted that “the work don't seem to have actually started otherwise by planting stakes to demarcate the building area.”

A year and a half later, on September 27, 2017, the same agent this time noted “the creation of a belt of concrete blocks which delimits the implantation zone”, but “the precarious consistency of the whole and the absence of real foundations is not enough to characterize the start of work,” he concluded.

A building permit may expire

A “third report” then took place on December 27, 2019: the work had not “not significantly progressed” since the previous observation.

In fact, a permit is “expired if the work is not undertaken within the period of three years from notification”, says the Town Planning Code.

“The same applies if, after this period, the work is interrupted for a period of more than one year”, specifies the document.

A third disavowal in four years

On July 13, 2020, the mayor of Bièvres Anne Pelletier-Le Barbier had therefore noted “the lapse of the building permit” : the owner therefore took legal action to have this decision annulled and thus be able to carry out his real estate project.

Yves XXX had, however, suffered a first disavowal before the administrative court of Versailles, in October 2021, then a second before the administrative court of appeal of Versailles in November 2023.

The “report” of a “building expert” that he had produced for the first time on appeal had not not allowed judges to “date the creation of the foundations” that he was describing.

Furthermore, it did not show “no significant developments on the site” since the previous observation, in September 2017.

A construction site was interrupted for more than a year

The owner had not otherwise provided “no details on the work that he would have undertaken […] after September 22, 2018″, although the mayor of Bièvres noted that her construction site had “experienced no progress […] notable between September 22, 2018 and December 27, 2019.”

“It does not appear from the documents in the file that by considering that the work had been interrupted for a period of more than a year, the mayor […] “tainted the order of July 13, 2020 with an error of assessment”, concluded the Versailles Administrative Court of Appeal for reject the request d’Yves XXX.

The owner had therefore shot down his last judicial card by contacting the Council of State.

More “none” of his argumentsis “not likely to allow the appeal to be admitted”, rules the highest French administrative court in a judgment of September 30, 2024 which has just been made public.

C.B. / PressPepper

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