| LUXURY PROPERTY – PLANNING PERMISSION
| French planning permission works differently to that in English law, fundamentally, there is no requirement to place a notice of planning on the site so finding out about a potential new development might only happen when it is underway.
A formal notice of the planning must, however, be displayed outside the mairie, so regular visits are a sound idea.
If you wish to apply for planning permission to make a change to your luxury property your application will be considered by the council and only after that time can people make objections to the local mairie.
If planning is granted, it is a requirement that a sign is installed for two months detailing the plans and it must be visible from the road.
In the case of large developments, public enquiries are held but again are not widely advertised.
If after the two months someone wishes to contest the work they need to prove that you don’t have the correct consent or that they have been adversely affected and can take legal action at the tribunal de grande instance.
Courts rarely overturn applications unless there is a fundamental error, however, this is no excuse for cutting corners. Ensure you have proper guidance from an English speaking French property law specialist before you make any building alterations to your luxury property.
If a case against you does go to court it can take up to two years to be heard and even then, if a ruling is made against you, you have the option to appeal within two months.
Clearly the law is there to protect you and those around you, however, the high profile cases of properties in Spain that were recently demolished due to incomplete planning permission should serve as a timely reminder to ensure you have everything in place before building or making any amendments to your luxury property.
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