Objections after Permis de Construire approved

[westland]

We had a brief visit by the mayor who seemed to be informing us that he had had a telephone call from the Prefecture to the effect that they want our small extension moving back by 5metres - the shell is built and the roof on!  I have tried to read the small print and I think that there seems to be a clause stating that third parties maybe have some rights even though planning permission "est accorde".    The mayor did tell us that he will let them know that this is not possible, but does anyone have any experience of being asked to undo work after they have had the Permis de Construire document. Thanks.

[BJSLIV]

There is a two month period for objections form the date that permission is granted, and displayed on site and at the Mairie.

However this is normally not for official bodies, who should be in circuit for the paperwork, but for the benefit of neighbours. I would expect any objerctions to be in writing and to state the grounds for the objection. Have you been informed of the reason?

 

[westland]

The work didn't start straight after we got the permis, details of which have been on display for about a month so is therefore within the two month period for objections which you mention. We don't have immediate neighbours, but maybe if someone is unhappy about it they may have gone straight to the Prefecture.  No haven't yet found out the reasons as we were taken a bit unawares. I will visit the town hall after the weekend, meanwhile it's a bit of a worry.  Hopefully if there is an objection it will need to be something major before everything has to come down.  Thanks for your reply.

[westland]

I have been to speak with the Mayor who showed me a letter that he had received which started by saying "You have recently granted a permi de construire......."  I took in as much as I could, it seemed to be in connection with certain rules concerning how far back from the road the extension should have been.  As our house is already only a couple of metres back from the road and the extension is to the side, it would not have been feasible had we known.

The Mayor has said that he will deal with it and is waiting to speak to the person who sent the letter who is on annual leave.  However, I am concerned about work continuing as we have just been billed for the next instalment by the building company.  I really thought that we had done everything  correctly and like lots of other people I am finding it frustrating that anything can go wrong at any stage no matter how much research is done. We waited a year to have a reputable french building company draw up very comprehensive plans, including details of a new fosse and system, as we were informed by the Mayor that this would be obligatory if applying for any Permis de Construire. We also checked at the sub-division of the DDE before we bought the extra bit of land to be sure that we could extend onto it and then finally we  received the Permis de Construire.

I am hoping that as it seems to be more of an error on the part of the sub-division of the DDE who granted the Permis that everything will be OK. If not perhaps we may have to seek legal advice. Who really does have the final say ? Has anyone had to undo anything after having had the go ahead? Thanks.

[westland]

Now I am beginning to worry.  It is possible that the mayor failed to take account of some of the regulations when he granted the permis and I am now given to understand that along with the two month objection period for third parties the mayor has four months in total to withdraw the permis.  He could well be forced into doing this due to previous errors.  Can I ask again please, has anyone had experience of this or an opinion as to what our position might be if this happens.  Thanks.

[BJSLIV]

The only comments I can find in the official documentation concerning a Permis de Construire as af follows....

Toutefois, après avoir été obtenu et durant 2 mois à compter de sa délivrance, l'administration peut retirer son accord si elle s'aperçoit d'une erreur.

IE The authorities have the right to withdraw permission if they become aware of a mistake as long as they do so within two months.

[westland]

Thanks for that, it would appear that there has been an error, just hope that they don't pursue it. We have about another two weeks before the two month period is up.  Wish the building company had waited before starting, they'll want paying again for pulling it down!  But if it comes to that we'll be wanting to take a sledgehammer to it ourselves.