CONSTRUCTION : BUILDING PERMITS

YOUR CASE

  • You have obtained a building permit, to construct or to demolish a building. The work is about to start. You want to protect yourself against a possible late appeal by a neighbour against the granting of the permit.

YOUR SOLUTION

  • Do you know that third parties have two months from the date when the notice is first displayed on the land concerned to commence an appeal against the building permit that you have obtained ?
  • In the absence of EVIDENCE of displaying the notice the time limit for making an appeal does not run and will remains possible at any time. Third parties harmed by the construction may refer to the Administrative Judge to demand the annulment of the building permit until 5 years have elapsed since the date of construction !
  • On the other hand, any action for the annulment of the building permit for not displaying a notice will be rejected if you produce evidence that the notice was indeed displayed for a continuous period of 2 months including the first day the notice was displayed on the site.
  • To avoid such a drama, contact a bailiff and ask him or her to make a report of the displaying of the notice during the 2 month period. In case of a late appeal by a neighbour, you can sleep soundly in your new house !
  • The Bailiff drafts a STATEMENT OF FACTS confirming that the building permit notice that you have just obtained is on display by stating with precision exactly where the notice, on a panel of regulatory size, is situated, that it is visible and readable from the public highway or from open public spaces. The bailiff will also confirm that the notice has remained on display by making a minimum of three visits during the two month period : at the beginning, during and at the end of the period.
  • The bailiff’s visits may be indicated by displaying a self-adhesive sticker on the notice stating “Notice certified by a Bailiff”.
  • The bailiff will also be able to confirm to the Administrative Tribunal the lack of substance of any appeal.