7. Planning Appeals in France

1. 7.1. Planning Appeal Procedures
   7.2. Recours Administratif
   7.3. Recours Contentieux
   7.4. Breach of Planning Consent

7.4. Breach of Planning Consent in France

If the planning consent is granted on a proper basis, but there is a later breach of this consent, then there are both civil and criminal sanctions that can be applied.

There are also potential grounds on which the planning authority can be brought before a higher court, called the Tribunal de Grand Instance, for breach of the planning regulations in granting consent. It is a complicated area, on which professional advice would need to be taken.

In both cases there are time limits on the right to bring the case before the court.

In the case of a civil action, where the project received planning consent or a works declaration, the right is time limited from completion of the unauthorised works. The time limit varies according to the nature of the offence but can be up to ten years.

Where it infringes private property rights, then the right to legal action is thirty years, but only where it can be demonstrated that the offender action in bad faith. Otherwise the time limit is ten years.

In relation to criminal proceedings, the time limit is three years from completion of works.