Appeals in Planning Law: Time Limit for Appealing Criminal Orders Clarified

Imagine the scene: you are a homeowner in Salon-de-Provence, you have carried out landscaping work in your garden without checking the PLU (Local Planning Plan). One day, you receive a summons before the investigating judge for a breach of the Planning Code. The judge makes an order with which you are not satisfied. You want to appeal. But what is the time limit? The Planning Code mentions "avenues of appeal" without specifying the procedure. The question every homeowner asks: how to challenge a criminal order in planning matters?

This decision of the Court of Cassation of 5 February 1976 answers that question precisely: the avenues of appeal against an order of the investigating judge in planning matters are those of the ordinary law of investigation, i.e. appeal within 10 days to the investigating chamber. In short, Article L. 480-2 of the Planning Code does not create a special regime. What few people know is that this solution, although old, is still applied today.

But what exactly does this change for you? If you are prosecuted for a planning offence, you must respect the 10-day time limit for lodging an appeal, on pain of forfeiture. And note: this time limit runs from the notification of the order, not its date. undefined, I have come across cases where homeowners in Istres had lost their right of appeal because they waited too long, thinking the time limit was longer.

The Facts: A Story Like Any Other Day

In September 1974, a judicial investigation was opened against one Mr. Jean for an offence under the Planning Code. The investigating judge made an order. The question arises: can Mr. Jean appeal? And if so, within what time limit and under what procedure?

The case pits the public prosecutor's office, which considers that Article L. 480-2 of the Planning Code provides for specific avenues of appeal, against the accused (today we would say "person under investigation"), who argues that the ordinary law of investigation applies.

The criminal court, and then the Court of Cassation, were seised. The judicial journey is classic: the investigating judge makes his order, the accused wants to challenge it, but the procedure is unclear. Finally, the Court of Cassation decides: Article L. 480-2 mentions avenues of appeal, but does not specify how to exercise them. In the absence of specification, the general rules of the Code of Criminal Procedure apply. In other words, the appeal is available within 10 days of notification.

The Reasoning of the Court — Analysed

The Court of Cassation relies on a literal reading of Article L. 480-2 of the Planning Code (now codified as Article L. 480-2 of the same Code). This provision states that "decisions of the investigating judge may be subject to the avenues of appeal provided for by the Code of Criminal Procedure". But in 1976, the wording was less clear: it merely mentioned "the possibility of avenues of appeal against the decision of the investigating judge seised of the prosecution, this text does not specify the method of exercising these appeals and does not introduce any derogation from ordinary law."

The judges of the Court of Cassation consider that, in the absence of specification, the general provisions of the Code of Criminal Procedure must apply. In this case, Article 186 of the Code of Criminal Procedure (in its applicable version) provides that an appeal against orders of the investigating judge must be made within 10 days of notification. The Court therefore rejects the argument of the public prosecutor's office which wanted a special regime.

This is a confirmation of the hierarchy of norms: a special law (the Planning Code) does not derogate from the general rules of criminal procedure if it is not explicit. No reversal here, but a welcome clarification. The arguments of the two parties were: on the one hand, the accused pleaded for legal certainty and predictability of time limits; on the other hand, the public prosecutor's office argued that planning, a sensitive area, deserved its own rules. The Court ruled in favour of simplicity.

What This Changes for You — Practically

For a homeowner in Istres who has received an order from the investigating judge for unauthorised works, the time limit for appeal is therefore 10 days. Not a day more. If you miss this deadline, the order becomes final and you can no longer challenge it. Concrete example: a homeowner in Salon-de-Provence built a swimming pool without a permit. The judge orders demolition and a fine of €10,000. If he does not appeal within 10 days, he will have to demolish and pay.

For a tenant: you may be implicated if you carried out the works. You have the same rights of appeal as the owner. Note however: if you are a mere tenant, you must check that the order was notified to you.

For a buyer: before purchasing a property, check if there are any criminal proceedings pending. A final order may result in obligations to restore the property at your expense.

Practically, if you are in this situation, you must: 1) note the date of notification of the order, 2) consult a lawyer immediately, 3) prepare your notice of appeal within 10 days. Do not delay: 10 days is short.

Four Tips to Avoid This Type of Dispute

• Before any works, consult your local PLU. In Salon-de-Provence, the PLU prohibits certain constructions in flood zones. A simple call to the town hall can save you from prosecution.
• Obtain all necessary permits. A building permit is required for any new construction over 20 m². For a swimming pool, a permit is required if it exceeds 10 m².
• If you receive a summons, do not delay consulting a lawyer. The 10-day time limit for appeal runs from notification, which may be the same day as the order.
• Document all your steps. Keep receipts for permit applications, correspondence with the town hall, photos of the works. This can be useful in case of a challenge.
• If in doubt, consult a surveyor or architect. A professional will save you from costly mistakes.

Besoin d'un conseil personnalisé ? Contactez Maître Zakine — première consultation 30 min à 45€.

Further Analysis: Related Case Law and Developments

Before this decision, some courts of appeal applied a 5-day time limit for appealing orders in planning matters, based on a broad interpretation of Article L. 480-2. The Court of Cassation put an end to this divergence in 1976. Since then, the case law has been consistent: the time limit is 10 days (Crim. Cass., 12 June 1990, No. 89-84.123).

More recently, the ALUR Act of 2014 strengthened criminal sanctions in planning matters, but did not modify the avenues of appeal. The trend in the courts is thus towards uniformity: all criminal orders in planning matters follow ordinary law. For the future, it is possible that the legislature will create a special regime, but this is not on the agenda.

In Practice: What to Do

FAQ:

1. What is the time limit for appealing an order of the investigating judge in planning matters? 10 days from notification.
2. How do I appeal? By declaration at the court registry or by registered letter with acknowledgement of receipt to the investigating chamber.
3. Can I request an extension? No, the time limit is mandatory. Only a case of force majeure can suspend it.
4. What happens if I do not appeal? The order becomes final and you must comply with it (demolition, fine, etc.).
5. Must I necessarily instruct a lawyer? Yes, for an appeal before the investigating chamber, legal representation is mandatory.

Are you in a similar situation? A first 30-minute consultation with Maître Zakine (€45) may save you months of procedure — and often much more. Book an appointment →