Mairies failure to act on neighbours ramshakle structure without planning approval

Property & Home
1

Two years ago my French neighbour built a ramshackle structure without planning approval that actually crosses over into my garden.

Over the last two years I have visited the Mairie and written countless letters asking what action is being taken. All I get is verbal assurance that action will be taken and a copy of a letter 9 months ago advising the neighbour to demolish the lot or face prosecution and fines. I’ve heard nothing since from the Mairie. I’m convinced the Mairie is doing nothing about the matter.

What makes matters worse is that we are within 100meters of a historic monument.

Short of referring the matter to an avocat (any recommendations gratefully received), what can I do to embarrass or compel the Maire to enforce the demolition order and keep me informed?

2

Morning Alec.

Go back to the Mairie (waving said letter) and ask what is the current situation.

Was there any deadline mentioned in the Mairie letter??

These things can, and do, often take a long time to resolve. However, if the Mairie have started the process, it should continue.

3

I would go back to the Mairie and ask just what has been done.
If it seems that they are dragging their feet, I would go to the Prefecture that gives planning permission and ask them to get involved.

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I’ve done nothing but go back to the Mairie to ask what has been done, waving the demolition order etc but nothing comes of it.

I have asked the Marie to engage a Building Inspector to visit to confirm the dangerous state of the structure but again nothing comes of it. (as a former Civil / Structural Engineer with expertise in these matters overseas I know the result would be rapid condemnation and forced demolition. But here in France………?

I’ve also read reams of French legal documents on the subject of planning laws and regulations

I have asked for the contact details of two National Planning departments (basically Buildings and Heritage) to take it up with them but the Marie will not give me the details. Probably for fear of my complaining.

What I’m not clear on is this: I can only assume that:

a) the two National Planning departments merely judge the merits of a building application; and

b) the Mairie has the responsibility to enforce demolition orders, even by entering the property perhaps.

But who is the office holder responsible for imposing the daily fines for non compliance?

So in the face of the intertia by the Mairie, how can I discover if fines are being imposed, and how to compel the Mairie to commence demolition?

And how do I find out who the Maire is answerable to - which Prefecture? I’m in Huelgoat 29690.

It seems I have several options

  1. shame the Mairie in the media;

  2. make a complaint to the Prefecture; and /or

  3. engage a lawyer to take the matter up with / threaten the Mairie for its failure to act and the various liabilitites

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Mmm… seems the Maire is normally the Person… who talks things through with all parties…to see what can be done (what should be done) and how to move forward to the satisfaction of (nearly) everybody. :roll_eyes:

The procedure is long and arduous. I think the almost final thing is a letter from the Mairie advising of a Process Verbale at the Tribunale (forgive my spelling) if the person has not done whatever in 15 days…:thinking: with all the relevant nasties that such a Process can bring, most folk do the necessary pretty quickly.

If you gently ask your Mairie if that is the “next step”… it might get some action.

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6

Thanks Stella

I now have the details of the ‘Responsable’ in my Prefecture.

I have handed a copy of the demolition order to the Mairie together with a copy of the Maire’s legal responsibilities to act.

I plan to advise the Maire in writing today that if I do not receive written convincing information from him within 5 working days that fines and demolition arrangements are in hand, I will refer his failure to act (as a complaint) to the Prefecture noting the implications (public safety, public liability, historic monuments, property values, bad press, etc) of his inaction.

Any other paths for action welcomed…

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7

light blue touch paper and stand well back. :upside_down_face:

If that’s gentle… :roll_eyes:

Good luck… hope it has the desired effect.

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8

Good luck! I’ve been nagging the Marie to do something about a similar situation here for 8 years. But unfortunately below the size to require planning permission so even fewer sanctions.

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Used to be the DDE with controlling power over planning/developing/environment.
I discovered by accident, The Mairie doesn’t necessarily have the last word. Planning and all things connected…

From “French property”
" The offices dealing with it in the préfecture used to be called the Direction Départementale de l’Equipement (DDE) , but the nomeculature is being changed to Direction Régionale de l’Environnement, de l’Aménagement et du Logement (DREAL).

The DREAL/DDE is the county planning and highways department and it has a network of local offices throughout each department.

Accordingly, unlike in the UK, it is potentially civil servants who decide your planning application and not the local politicians.

The mayor will formally sign the consent (or refusal) on behalf of the public authorities, but they will not always make the decision.

It is not entirely unusual for the préfecture to make a decision with which the mayor is at odds. If the mayor/local council disagrees with the opinion of the préfecture , and the council are not the planning authority, then they themselves can make an appeal to the préfet within two months of the decision.

Accordingly, do not always assume that all you need to do is get the mayor to support your application and that consent will be forthcoming.

The mayor will always be influential (and sometimes very influential with officials), but their point of view will not always be the determining voice.

At a minimum, you need to find out whether the local mairie has planning responsibility and, if they do not, the existence of any local plan.

Conversely, if the local council is the planning authority, then you could find the mayor making a decision that conflicts with the advise given to them by the DDE. They mayor is not obliged to accept the advice of the DDE (except in very particular circumstances). In which case, if you are unhappy with the decision you need to make an appeal to the prefecture, provided you feel there are planning grounds on which to do so.

In some cases small local councils have come together in an inter-commununal body ( Etablissement Public de Coopération Intercommunale (EPCI) ), to whom they have transferred responsibility for planning and certain other matters. In these cases, it is the Chairman of the inter-communal body who will have primary responsibility for planning decisions".

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Thanks Jane - good advice - I now have the Prefecture’s contact details so my letter is on its way with photos; a history of the saga; and the local Maire’s inertia and failure to respond to my correspondence since the start.

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Thanks Jeanette. You are clearly well informed.

I actually chaired a Building Board for a period and was executive member of a National / Provincial Planning Committee overseas. So I know what should happen. Sadly it does not appear to happen at a local level in my neck of the woods. Perhaps it’s wider problem.

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12

Good luck.

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Not all Mairies will respond believe it or not to people from other countries ie England, I approached our Mairie and was told by to go back to England and sell my house and called me a shit.
I went to the MP of the Charente and she said he is just a silly man ?? she wrote to the mairie to deal with in which he did but stayed in the back ground. I have now gone to a solicitor to deal with the problem.

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You need the Préfet, not your Député, really.

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15

That was a very disagreeable situation for you and yours, quite shocking, and I feel for you. I can’t imagine how you must feel yourselves.

Although we have not experienced any overtly negative attitudes ourselves, I am sometimes subtly aware that some negative sentiment is present beneath a layer of hospitality and French politesse; and it’s my feeling that it is more alive and more temperamental than I assumed.

I have a feeling that a hard Brexit won’t bring much sympathy for immigrant Brits, as was foreshadowed in the recent op-ed piece about “le cynisme Brittanique” in a régional newspaper.

And French news is pretty unimpressed by British tin-pot gunboat diplomacy up Donnie’s bum-hole re the Iran disaster-in-the-making.

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You might want to rethink your reference to WW2. That’s pretty offensive.

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19

Nope. Not even slightly funny. Especially when there are French people on this forum.

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Exactly. More than half a million French died in WW2, about 100,000 more than Brits.

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