In a judgment of October 14, 2024, the Litigation Section of the Council of State specified that when, after an initial stay of proceedings, the regularization of a defect affecting an urban planning authorization does not purge the illegality, the judge must cancel this authorization without again resorting to the regularization procedure provided for in Article L. 600-5-1 of the Urban Planning Code.
As a result, and being the same vice, an attempt at regularization can only play once. 🔁🚫
In this case, the company Saint-Saturnin Roussillon Ferme contested the cancellation of its building permit, but the Council of State ruled that as soon as the first regularization carried out in application of article L.600-5-1 of the urban planning code fails to purge the defect affecting the original permit, the judge must order the cancellation of the permit, thus limiting the benefit of regularization in application of article L.600-5-1 of the code of urban planning fails to purge the defect affecting the original permit, the judge must order the cancellation of the permit, thus limiting the benefit of regularization pursuant to article L.600-5-1 of the Code of Urban Planning of urbanism. 🏛️✅
💡 Advice/Points of vigilance: When using the regularization procedure provided for in article L. 600-5-1 of the Urban Planning Code, it is crucial to ensure that the defect affecting the authorization is fully corrected. To avoid the permanent cancellation of your building permit 🏗️:
• Rigorously check with your legal advice ⚖️ that the proposed regularization actually rectifies the identified defect.
• Anticipate possible new defects that may emerge, as they can also compromise urban planning permission. ⚠️
• Keep in mind that a new attempt at regularization will not be authorized after an initial failure if it is a question of correcting the same defect. 🔁
🚨Attention: Voluntary regularization by the petitioner, excluding regularization pursuant to article L.600-5-1 of the Urban Planning Code, is unlimited during the litigation of an urban planning authorization.
📝 It is therefore strongly recommended to prioritize voluntary regularization without waiting for the implementation of Article L. 600-5-1. This makes it possible to better control the regularization process and to avoid judicial annulment. ✅⏳
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