Building a house without planning permission

Personally I would get a job and flatten it …as it doesn’t exist they can’t complain to the mayor…

As a retired architect who practiced in the UK the correct advice must be to take proper qualified advice- which has to be paid for of course. With similar events in the UK we were often appointed as expert witnesses to prove non compliance with planning, building regulations or common law (such as boundary disputes). In one case i remember we proved that a French guy had built his extension just a few inches onto our client's land and not in accordance with the planning consent. It was demolished eventually. On other cases substantial compensation was paid. One client got paid a lot because a builder's crane flew over her land without permission. I know of one case in London (current) where a top floor has to be knocked off a block of flats because it was built too tall. These things are frequent and invariably very expensive. I have seen some people literally worry themselves into a complete frazzle and ending up "under the doctor". I think you need an avocat and then maybe an architect or similar to make a detailed case. If you don't then it will be the thin end of a large wedge. Re the cars that is an environmental issue and maybe your local rivers board would be interested. They did take action against a scrap yard in our village but there is another one starting up now.

If the mayor is taking brown envelopes, or overlooking things as personal favours, his feather should well and truly be ruffled.
Our mayor does similar, blocks planning when his friends object, yet gives outrageous planning permissions to his drinking buddies.

A mayor needs to be reminded that he was put there by the people, and is there to listen to them.

Consent should be appiled for change of use of an existing building.

Retrospective permission should not normally be allowed.

Is the offender a pal of the mayor???

You need to go higher as has been advised.

Dear Alex

I had a problem with a neighbour too who had an extension built on the limit of our plot. He had the right to do so.

But in between our plots there is an old hedge with old trees that he intended to cut down. An article in the "Code Civil" protected the hedge as it had been planted more than 30 years ago.

In your case, there are different problems : limit of property, Burning tyres (forbidden) they should get rid of scrap at the "déchetterie". What do they do with the scrap cars ? there's a specific regulation for this kind of activity, oil, dangerous parts and components etc..

Did he have the right to cut the hedge down too ?

Do you have a conciliator in your village ?

In some cases, when the planning regulations have not been respected, the offender can be badly fined.

If you can read legal french, this website can help : http://www.urbinfos.com/

Are your neighbours also complaining about the toxic smoke. A petition can be started in the village.

I hope this will come to a happy end.

Kind Regards

Jean Guy Merlaud

We needed planning permission for installing 6 Velux windows in a new roof. It was referred to the Bâtiment de France because we were within sight of an ancient monument, our small local church. All was OK in the end, but it seems some communes and their Mayors, can be sticklers!

Well Alex - I am not sure where you live in France, but when I wanted to renew the roof and doors on a very small outbuilding, approximately 3.5 metres x 4 metres I firstly went to my local Mayor and told him, and he looked up the regulations - and yes - I required planning permission from the town hall. I had to submit photos, a floor plan etc., I waited, and then planning permission was granted, so I went ahead.

I can only suggest that as your mayor appears to be somewhat laid back about the problem, you visit the local town hall with photos of the new buildings, and present your case to them. After all - planning permission is granted by them, and not your local mayor.

I hope this suggestion helps you.

There are horror stories in what ever country you live,yes this ones not to nice but you must follow your dream. France is a wonderful place and many many of us have had nothing but good experiences

Hi, We had a similar problem some years back, where somebody started to build three chalets on land not designated for construction, and next to us. We complained to the Maire, but it turned out that they were friends of the Maire, and nothing was done. We eventually complained to the DDE ( Direction Departmental Equipement), who are the final arbiters of Planning ( not the Mairie), who stopped the building very quickly. Its the DDE that you actually get planning permission from.

Hi Alex, I hope SFN will allow me to post this, as it is not to my benefit. You need to talk so Sarah Bright Jones at:

http://www.brightavocats.com

She is an English avocat, and she specialises in construction disputes.

Superb Veronique. Just what we need too. A rather unpleasant English guy who has the land opposite and adjoining us has had people in cutting grass and so on, now somebody has been there to mark out the site. That was the day before yesterday. Neither of the French neighbours who are more directly affected than us know what to do, although one has been to the Mairie where there were expressions of surprise. That is where we are going tomorrow (it opens 1 1/2 days a week) and with the Code Civil printed out in our hands we shall see. The fact the man doing this lives in England and has let the site 'rot' for over a decade and the ruins opposite us become dangerous, but thinks he can 'develop' from outside France where he is untouchable will make the difference with Alex.

Alex, Veronique has said chapter and verse what I was getting at and it is really sterling advice.

If you go to law and win, you can have them pay for the privilege of losing. A complaint if there is no planning permission with a lawyer who wishes to make a few bob is a hiding to nothing for them.

Colette you have fears about red tape and official objections in France?

Have you tried to work with local authorities in UK?

London was a nightmare.

I can only imagine that it is more difficult than ever to get anyone to listen to logic.

Nothing is easy....just nothing .....be prepared to be brave, kind and friendly and life

in France will work for you.

But need permission for the new design as we have for renovations where we put in windows, for instance. So not that easy...

If there was already a building before, then where I am you don't need planning permission as there was already a building before,I had friends who lost a building in the storm of 99/2000 so they removed all the rubble and built a new house and didn't need permission

You need to get a solicitor to take pictures and file a complaint, officially. It will probably take years, but your neighbours will have to tear everything down and pay a fine as well as compensation to you. Don't hold your breath though, it will take forever.

Your neighours might get scared and take all their mess away in the meantime though....

I couldn't agree more, Alex. I have been here a tad longer - but, apart from the local tax office (ignorant, aggressive jobsworths) have met nothing but kindness and friendship. Apart from my partner deciding that France really wasn't for her - the language, being too rural - and maybe even me!! - I have absolutely no regrets at coming here!

Thank you Brian at this point in time I have no wish to complain apart from the fact that we were prevented from paying out Tresore Publique ( Council Tax equivalent) by any means cash, debit card or cheque which has now landed us with a huge bill because it was 1155 hours and off to lunch at twelve this has now being going on for 2 years we have now solved it. The threat was they would sell our house to retrieve our debt to them OMG They created the problem in the 1st place so sad it has spoiled our equilibrium of life which is already tenuous

Every commune comes within a commune of communes and above that you reach the department. If you want to complain and the mayor is doing nothing, then you simply have no choice but to go higher.

We have been trying to move to to France to fulfill our dream, however the more I read on this website the more nervous I become. Dealing with officialdom who appear to be extremely difficult to deal with and now outrageous neighbours. What have we committed ourselves to ! Help we are committed now