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A developer demands 895,000 euros from a local resident who contests a permit

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In general, it is the owners who file complaints against the developers, like this woman who leads a fierce legal battle against a developer because the building he is building spoils her view. This time, it is an owner residing in Clamart, in Hauts-de-Seine (92), who is under a procedure from a promoter who is demanding 895,000 euros in damages. The reason? This resident filed an appeal against a building permit, which the professional deemed abusive. The court will make its decision this Thursday.

The case in November 2019 where Jean-Baptiste, cameraman for television shows, discovered a panel on which a building permit appears to erect housing in front of his apartment which benefits from exceptional views of the Eiffel Tower and the Sacré. -Heart. This owner then decides to initiate a voluntary appeal against the building permit, in January 2020. The municipality rejects his appeal a month later, his request having been filed more than 5 months after the posting of the building permit, out of time. SO. “I thought I would stop there but during the first confinement, my lawyer told me that he had seen favorable case law and I gave him my agreement to file a contentious appeal.“, he confides. What he does on July 9, 2020.

A gag procedure?

The developer, SAS Clamart Secteur Gare, considers this action to be abusive and is demanding 895,000 euros from the owner, including 100,000 euros for image damage and another part for land surveillance costs. The professional estimates that the appeal delayed the construction of 123 housing units, penalizing buyers. “For three years, for having contested a building permit, I, a simple citizen, have been fighting against a multinational», deplores for his part the owner who fears a loss of value of his property whose view is obstructed, to the Parisian .

For Jean-Baptiste’s lawyer, it is a “gag procedure« . A practice that has become more and more common over the past 5 years. “A way to put pressure on the authors of appeals and it works“, he says. For example, local residents opposed to a project erected on the site of the former Bois swimming pool in Clamart had to stop their legal proceedings in their tracks after being threatened with paying 11 million euros in damages to the developer. Most of the time, people prosecuted for abusive recourse are not convicted but “judges never sanction promoters up to the disproportionate amounts they request. There is an absence of counter-power», denounces Nathalie Launay, an elected official in opposition to Plessis-Robinson (Génération.s).


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