Appeal procedure in protected areas
Find in this section the legal appeal procedure against the opinion ABF (architect of buildings of France) relative to authorisations of work in protected spaces.
APPEAL PROCEEDINGS AGAINST OPINIONS ISSUED IN PROTECTED AREAS UNDER THE HERITAGE CODE
The possibility of directly challenging the approval of the architect of the buildings of France (ABF) appeared during the first laws of decentralization, in 1983, with the birth of the ZPPAU(P), established by article 71 of law no. 83-8 of 7 January 1983. This procedure could not really be formalised until after a law passed by Parliament on 28 February 1997, extending the principle to the scope of protection of historic monuments (Articles 13a and 13b of the Law of 31 December 1913) and to the sectors safeguarded (Law of 4 August 1962), by the decree of 5 February 1999, amended by the decree of 12 February 2004, the decree of 30 March 2007 and the decree of 19 December 2011, coming under the Grenelle 2 law of 13 July 2010.
- for the mayor and the competent administrative authority, within 7 days of receipt of the notification of the opinion of the architect of the buildings of France and the period of examination of the application is then extended by two months.
- for the petitioner, within two months of the date of tacit rejection or receipt of the notification of rejection of the permit application or opposition to the declaration
The petitioner may appeal but may not challenge that opinion directly to the administrative judge. He must first challenge this negative opinion before the regional prefect. This prior administrative recourse is mandatory (art. R. 424-14, Urban Planning Code).