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Legal proceedings against Urbanisme

Posted by megan996-208124 - Created: 6 years ago
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2 replies (Showing replies: 1 to 2)

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Posted by megan996-208124 - 6 years ago

Hi Christopher L, its a bit more complicated than that.
We built a pool-house 5 years ago with full permis is de construire . It was more of a guest house, with bedroom and bathroom and living area /kitchen. Shortly afterwards, my husband and I divorced and we were having problems selling the house at a decent price and decided to divide the land and sell the main house and I then kept the pool house as my home. Did everything legally.All on the advice of the chap who was head of the planning department at the time.I even pay taxe habitation on a maison.BUT, I didn't know that I needed to also ask for a changement de destination from pool house to house.Despite the fact that I am taxed as a house, and was allowed to install a micro station septic system a few months ago, I have been told by the urbanisme today that the pool house cannot be considered a house,ever as i now live in what has been recently changed to a protected zone ( zone NO) I cannot live there, it is less than 5 metres form the fence with the old house and I will have to pull it down.Nice, eh? I need a lawyer urgently.

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Posted by ChristopherL-188542 - 6 years ago

The legal process is quite different depending upon the type of irregularity that the urbanisme are alleging;
If a building permit existed for the works and you duly completed "la Déclaration Attestant l'Achèvement et la Conformité des Travaux" then the authorities have only 3 months (or 5 in some areas) to raise an objection.
If however the works were built without a declaration at all then the authorities have 10 years to challenge the alleged fraud.
The first case is really a civil case of true "conformity" and you could turn to your builder/architect and/or your legal protection (recours juridique) under your household insurance. You could also engage a lawyer but in the first instance your recours juridique should be able to lay out your options and at no cost.
The second case is pretty serious as it goes beyond the civil into the penal. There you definitely need a lawyer.