Incorrect planning information
In a letter dated 2 August 2011, the mayor of Neuilly-sur-Seine informed :
-the notary of the purchaser of the premises in question that it was used as a garage and not for commercial purposes,
-. and that as such he had been the subject of an official statement on 11 March 1982
noting its unauthorised conversion into commercial premises.
Mr B thus maintains that this information, which led the purchaser to withdraw, is incorrect.
1.
Firstly, under the terms of Article 21 of the law of 4 August 1962 then applicable: "The following is added to article 340 of the French Town Planning and Housing Code: 3° Garages and sheds referred to in article 2 of the amended Act of 1 September 1948 may not be used for commercial, industrial or craft purposes.. ".
Under the terms of Article 2 of the Act of 1 September 1948: ".The provisions of this law do not apply to garages or sheds used as garages and rented as an accessory to the premises referred to in Article 1 and located in apartment blocks.".
It is clear from the investigation that, on the one hand, planning permission was granted on 30 September 1960 for the construction of 16 residential units and 17 car parks, and that premises no. 2 on the ground floor of the building located at 8 rue des Sablons, used as a garage or shed, was likely, according to the building inspector, to be used as a parking space. co-ownership regulations of 14 March 1961, to be used for the exercise of a profession, trade or industry, and secondly, that it was actually used for commercial purposes before 1964.
It is not clear from the investigation, nor is it even alleged, that the premises were rented:
-as an accessory garage to a dwelling,
-since the construction of the building or when it is put to commercial use.
In these circumstances, he cannot be considered, when he is assigned to business premises before 1964 :
-as falling within the scope of the aforementioned provisions
-prohibiting the use for commercial purposes of a garage rented as an accessory to a residential dwelling.
2.
Secondly, no legislative or regulatory provision applicable at the time premises no. 2 was allocated for commercial use required planning permission or change of use authorisation to be sought for premises used as a garage that were not let as an accessory to a dwelling.
If the co-ownership regulations refers to a town planning certificate stating the need for "special authorisation" to change the use of premises, the municipality of Neuilly-sur-Seine does not provide any details as to the basis of the provisions that would have required such authorisation at the time.
Consequently, by stating in a letter dated 2 August 2011 that the premises were merely a garage attached to the dwellings in the building, which had undergone an unauthorised conversion :
-. the municipality of Neuilly-sur-Seine provided incorrect information
-. constitute a fault likely to engage its liability for the certain prejudices which result directly from it.
Incorrect planning information
Cour administrative d'appel de VERSAILLES, 4th chamber, 3 September 2020, req. 19VE01246. Not published in the Recueil Lebon
English (UK) 
Français 
Italiano