Can we contest neighbour’s planning permission at their home in France?

Reader question: My neighbour is building a house next to mine, with an upstairs bathroom window directly facing our property. He obtained planning permission but the new window looks straight into my bedroom. Can I contest this? 

It is possible to contest a planning permission your neighbour has obtained, whether it concerns a building, development, or demolition permit, if you are directly affected and believe you have strong grounds to show that your use and enjoyment of your own property is harmed by the works. You must have a legitimate interest in submitting a claim, for example, as a resident in a neighbouring property, which is your case. 

You should provide evidence of why the construction or development has a direct impact. In this case for example, you would need to explain the window’s height, how it violates your privacy, the areas affected and the surface of the part of the property it looks straight into. 

The issue(s) you raise must relate to the end state of the project and not to temporary inconveniences during the works, such as noise or dust.

You may support your claim with any relevant evidence, such as: 

• a copy of the planning permission,

• a cadastral plan,

• an expert report,

• photographs or other supporting documents.

Note that it is important that you do provide relevant evidence to prove the grounds of your claim, otherwise if the court feels that the challenge of the planning permission does not have good grounds, significant fines may be imposed. 

What are your options for taking legal action?

Administrative appeal (mayor and/or prefect)

There are two ways to challenge a planning permission.

The first is to submit an administrative appeal to your mairie, requesting that the planning permission be withdrawn or amended (in some small rural communes covered by no local planning documents - PLU or carte communale - appeals should be sent rather to the prefect of the department).

You should write your appeal on plain paper which can either be delivered to the mairie in person or sent by registered post with acknowledgement of receipt. A template of the appeal can be found here. 

If the mairie does not respond within two months, your request is deemed rejected.

Within 15 days of submitting your appeal, you must send a full copy to your neighbour by registered post with acknowledgement of receipt. 

If you fail to do so, it renders any subsequent court appeal inadmissible

Appeal to the administrative court 

The second option is to appeal directly to the administrative court, again seeking cancellation of all or part of the planning permission.

It must be filed with the administrative court having jurisdiction over the location of the project. Legal representation is not mandatory.

The application must include:

• proof of right to bring proceedings forward (your title deeds, lease etc.)

• a copy of the your neighbour’s planning permission approval

The appeal can be submitted online at the Télérecours citoyens website, delivered in person, or sent by registered post with acknowledgement of receipt.

Again, you must inform your neighbour of the appeal within 15 days and send a full copy by registered letter with acknowledgement of receipt. You must also inform the town hall or prefecture in the same way.

The court may decide to annul either part or all of the planning permission. 

How long do you have to appeal?

You have two months from the first day the planning permission is displayed onsite to file an appeal to the administrative court. The period is one month if you appeal to your mayor/ prefecture.

This time limit is not extended or reset by a prior administrative appeal.

If the planning permission has not been properly displayed, the time limit is six months from completion of the works.

Planning permission is generally valid for three years. If proceedings are initiated, the duration of any litigation is added to this period.