TOWN PLANNING: THE DISPUTED BUILDING, WHICH DOES NOT COMPLY WITH THE DIMENSIONS AUTHORISED BY THE PLU, OVERHANGS THE DIVIDING WALL BY A CONSIDERABLE DISTANCE

Non-compliance with the PLU

In fact :

By deed dated 25 April 1991, Serge and Martine jointly acquired a built property at [...].

Under the terms of a notarised deed dated 25 June 2005, Jean-Alexis and Perrine acquired the neighbouring house, located [...].

By decree, the Mayor of the commune of Vert Le Grand has granted Serge a planning permission.

This permit was granted for the construction of a garage and a fence.

In early 2011, Serge and Martine began building the garage. And they did so along the dividing line between the two properties.

By order dated 6 June 2011, the Mayor of Vert Le Grand gave Serge formal notice to cease building work immediately. This was on the grounds that the building was not sited in accordance with the plans in the planning permission. Instead, it was set back from the dividing line and the work had been carried out in breach of the POS.

In law (Non-compliance with the PLU) :

By order of 23 August 2011, the interim relief judge of the Evry Regional Court :

-. ordered a judicial assessment of the conformity of the layout of the building

-with regard to applicable town planning regulations and good engineering practice.

The legal expert then submitted his report on 22 June 2012.

The Versailles Administrative Court then annulled the decision of the Mayor of Vert Le Grand.

By deed dated 17 April 2015, Jean-Alexis and Perrine summoned Serge. :

-on the basis of Articles 1382 of the Civil Code and 480-13 of the French Town Planning Code,

-. to demolish the garage built on the dividing line and, in the alternative, for damages.

Court of Appeal (Failure to comply with the PLU) :

The dispute thus ended up before the Court of Appeal.

Provided that it has not been shown, or even alleged, that the building in question is located in one of the protection zones listed exhaustively in the law :

-There is no need to order demolition, subject to a penalty,

-the building (garage) built on the dividing line of their property.

Planning permission for the building in question was cancelled by a decision of the Versailles Administrative Court. This was on the grounds that it related to a building that did not comply with the provisions of the local town planning scheme. Part of the building was over 3 metres high and its total length was over 10 metres.

The disputed construction, which does not comply with the dimensions authorized by the PLUThe structure, which overhangs the dividing wall by a considerable distance and extends the entire length of the neighbours' garden, does indeed cause them an abnormal neighbourhood disturbance, which automatically makes the builder liable.

The client must therefore pay compensation:

-cosmetic damage

-and the loss of market value of the third party neighbour's house.

Paris Court of Appeal, Pôle 4, Chamber 2, 10 March 2021, RG no. 18/00431