Question 8824 — town planning

Summary

The regime for the notification of planning authorizations, specified in particular by administrative case law, is favorable to the petitioner. Thus, it is up to the administration to establish the date on which the envelope accompanying the decision it rendered was regularly the subject of a first presentation to the address of the interested party. This proof may result from precise, clear and consistent information appearing on the documents, where applicable electronic, which the postal service provider has given to him. Failing this, this proof may result from a detailed certificate from the service provider or other elements establishing that the mail was indeed presented to the petitioner in accordance with postal regulations (Council of State, January 29, 2014, Municipality of Soignolles-en-Brie, req. no. 352808). Furthermore, the conditions for issuing town planning authorizations, including their notification to petitioners, will soon be strengthened and simplified thanks to the dematerialization of procedures and investigative acts in a large number of municipalities. The latter will come into force on January 1, 2022, in accordance with article 62 of Law No. 2018-1021 of November 23, 2018 on the development of housing, development and digital technology (Elan). Its implementation modalities are currently the study. Consequently, there are no plans to make legislative or regulatory changes in order to apply the rules set out by the code of civil procedure.

Machine translation from French. The official text remains authoritative.

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