Can a city planning authorization granted to the neighbor be challenged?
Verified 21 March 2025 - Directorate for Legal and Administrative Information (Prime Minister)
Your neighbor has just obtained a city planning authorization (building permit, demolition permit, development permit or prior declaration). You're embarrassed by the building project and you think it's not in compliance with the city planning rules? We present you the remedies you can take to request the cancelation of the authorization.
To challenge a city planning authorization granted to your neighbor, you must have an interest in acting.
It must be shown that the authorized construction or development has a direct impact on the conditions of occupation, use or enjoyment of the good you occupy or hold. The same applies to a property for which you have a promise to sell, a lease or a contract to sell a building to be built.
The judge appreciates your interest in acting on the date of posting of the application for city planning authorization in the city hall.
You must prove that your neighbor's project is causing you harm by providing, for example, a copy of the building permit, a cadastral map or certificates in support of your demonstration.
Your conditions of occupation, use or enjoyment must be affected by the project itself and not by the nuisance caused by the work.
Please note
If you don't prove that you're interested, you could be fined €10,000. If your appeal is detrimental to him, the authorization holder may also ask the administrative tribunal damages for abusive behavior.
You can make an administrative appeal before the administration (city hall or prefecture) and/or a contentious appeal before the administrative court.
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Administrative appeal
There are 2 administrative appeals against a city planning authorization:
- The ex gratia procedure is a friendly and optional procedure that allows you to contact the mayor who issued the authorization to ask him to withdraw his decision.
- The hierarchical remedy is possible in a municipality without MORE or municipal card where the building permit is issued in the name of the State by the mayor. It is a friendly and optional approach that allows you to enter the prefect.
Complimentary appeal to the Mayor
The appeal shall be drawn up on free paper. You can use a mail template:
Exercise an ex gratia challenge to a neighbor's city planning authorization
The appeal shall be sent to the City Hall by letter RARRAR : Recommended with notification of receipt.
Within 15 free days from the time of your appeal, you must send a full copy to the authorization holder by letter RARRAR : Recommended with notification of receipt. If you do not send it, the administrative tribunal will not take into account the litigation remedy that you could subsequently bring.
The mayor has two months to respond. If you don't get an answer, your application is rejected.
Hierarchical appeal to the prefect for municipalities without PLU
The appeal shall be drawn up on free paper. It is to be sent to the prefecture by letter RARRAR : Recommended with notification of receipt.
Within 15 free days from the time of your appeal, you must send a full copy to the authorization holder by letter RARRAR : Recommended with notification of receipt. If you do not send it, the administrative tribunal will not take into account the litigation remedy that you could subsequently bring.
The prefect has two months to respond. If you don't get an answer, your application is rejected.
Appeals to the Administrative Court
If you believe that the license does not comply with the city planning rules, you must to refer the matter to the administrative judge to ask him to cancel the city planning authorization.
Refer to the Administrative Judge
You have to go to the court where your neighbor's project is located.
You don't have to hire a lawyer.
In drafting your appeal, you must demonstrate your interest in bringing proceedings. To do this, you must describe the elements of the project that affect the conditions of occupancy, enjoyment or the use of your property.
You attach to your appeal the order of the contested authorization (building permit, no opposition to prior declaration...). You must also attach an act establishing the legal nature of the occupation or holding of your property (title of ownership, promise of sale, lease).
You must inform your neighbor of your legal recourse. Within 15 free days, you must send him a full copy by letter RARRAR : Recommended with notification of receipt and the town hall.
Decision of the Administrative Judge
The administrative judge may decide tocancel authorization city planning.
It can also partially cancel the permit when the illegality relates to a part of the project and it can be regularized with amending permit, even after completion of the work.
The judge then sets a time limit within which the authorization holder may apply for regularization by means of an amending permit.
FYI
The period of validity of the city planning authorization of 3 years is suspended. The suspension shall begin on the date on which the application is lodged until the judge has given an irrevocable decision.
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Administrative appeal
There are 2 administrative appeals against a city planning authorization:
- The ex gratia procedure is a friendly and optional procedure that allows you to contact the mayor who issued the authorization to ask him to withdraw his decision.
- The hierarchical remedy is possible in a municipality without MORE or municipal card where the building permit is issued in the name of the State by the mayor. It is a friendly and optional approach that allows you to enter the prefect.
Complimentary appeal to the Mayor
The appeal shall be drawn up on free paper. You can use a mail template:
Exercise an ex gratia challenge to a neighbor's city planning authorization
The appeal shall be sent to the City Hall by letter RARRAR : Recommended with notification of receipt.
Within 15 free days from the time of your appeal, you must send a full copy to the authorization holder by letter RARRAR : Recommended with notification of receipt. If you do not send it, the administrative tribunal will not take into account the litigation remedy that you could subsequently bring.
The mayor has two months to respond. If you don't get an answer, your application is rejected.
Hierarchical appeal to the prefect for municipalities without PLU
The appeal shall be drawn up on free paper. It is to be sent to the prefecture by letter RARRAR : Recommended with notification of receipt.
Within 15 free days from the time of your appeal, you must send a full copy to the authorization holder by letter RARRAR : Recommended with notification of receipt. If you do not send it, the administrative tribunal will not take into account the litigation remedy that you could subsequently bring.
The prefect has two months to respond. If you don't get an answer, your application is rejected.
Appeals to the Administrative Court
If you believe that the license does not comply with the city planning rules, you must to refer the matter to the administrative judge to ask him to cancel the city planning authorization.
Refer to the Administrative Judge
You have to go to the court where your neighbor's project is located.
You don't have to hire a lawyer.
In drafting your appeal, you must demonstrate your interest in bringing proceedings. To do this, you must describe the elements of the project that affect the conditions of occupancy, enjoyment or the use of your property.
You attach to your appeal the order of the contested authorization (building permit, no opposition to prior declaration...). You must also attach an act establishing the legal nature of the occupation or holding of your property (title of ownership, promise of sale, lease).
You must inform your neighbor of your legal recourse. Within 15 free days, you must send him a full copy by letter RARRAR : Recommended with notification of receipt and the town hall.
Decision of the Administrative Judge
The administrative judge may decide tocancel authorization city planning.
It can also partially cancel the permit when the illegality relates to a part of the project and it can be regularized with amending permit, even after completion of the work.
The judge then sets a time limit within which the authorization holder may apply for regularization by means of an amending permit.
FYI
The period of validity of the city planning authorization of 3 years is suspended. The suspension shall begin on the date on which the application is lodged until the judge has given an irrevocable decision.
You can go directly to the administrative judge or make an administrative appeal followed or not followed by a litigation appeal to the court.
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Appeals to the Administrative Court
From 1er d-day'display of city planning authorization in the field from your neighbor, you have 2 months to seize directly the administrative tribunal.
FYI
If your neighbor does not show his authorization, it can be challenged for 6 months from the completion of the work.
Ex gratia or hierarchical administrative appeal
From 1er d-day'display of city planning authorization in the field of your neighbor, you have 2 months to appeal, depending on the case, to the mayor or the prefect. They have two months to respond. Failure to respond is tantamount to rejection.
FYI
If your neighbor does not show his authorization, it can be challenged for 6 months from the completion of the work.
Disputes following an administrative appeal
From the 1st day d'display of city planning authorization in the field of your neighbor, you have 2 months to file a contentious appeal before the administrative court. If during these 2 months you make an administrative appeal to the mayor or the prefect, this period is interrupted.
If your appeal to the mayor or prefect is rejected or you do not receive a response, the 2-month deadline to file an appeal with the administrative tribunal then start running again.
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Appeals to the Administrative Court
From 1er d-day'display of city planning authorization in the field from your neighbor, you have 2 months to seize directly the administrative tribunal.
FYI
If your neighbor does not show his authorization, it can be challenged for 6 months from the completion of the work.
Ex gratia or hierarchical administrative appeal
From 1er d-day'display of city planning authorization in the field of your neighbor, you have 2 months to appeal, depending on the case, to the mayor or the prefect. They have two months to respond. Failure to respond is tantamount to rejection.
FYI
If your neighbor does not show his authorization, it can be challenged for 6 months from the completion of the work.
Disputes following an administrative appeal
From the 1st day d'display of city planning authorization in the field of your neighbor, you have 2 months to file a contentious appeal before the administrative court. If during these 2 months you make an administrative appeal to the mayor or the prefect, this period is interrupted.
If your appeal to the mayor or prefect is rejected or you do not receive a response, the 2-month deadline to file an appeal with the administrative tribunal then start running again.
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
For more information on this topic, you can contact Allô Service Public.
Attention: the service does not have access to users' personal files and cannot therefore provide information on their status.
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The informants who answer you belong to the ministry in charge of housing and city planning.
Administrative Appeals
Litigation - Interest in bringing proceedings (Article L600-1-2)
Compulsory hierarchical remedy
Time limits for action
Fine for abusive application
FAQ
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