This resident of Jard-sur-Mer, in Vendée (85), assures us: his neighbor’s future terrace will offer a direct view of his swimming pool. He can therefore say goodbye to all intimacy. Likewise, its beautiful view of the sea will be obstructed by this elevation, a solution which makes it possible to raise an already existing building by one or more levels without modifying its footprint. He therefore brought his request before the Nantes administrative court on Thursday May 30, with the hope of seeing the amended building permit granted in January 2023 to his neighbor by the town hall suspended.
The owner in question is not at his first attempt. He already attacked the initial building permit for this house in 2011. In vain. So he’s doing it again this year. The municipality of Jard-sur-Mer defends itself and ensures that the authorized works are “modest” and have “little impact» about the neighborhood. But this resident is not at all of this opinion: 30% of the view from some of his windows will be obstructed by this extension, as reported Actu.fr. Until now, no window overlooked his swimming pool, so his house has been seriously impacted.
And yet, one might think that raising the height is much easier in a detached house than in a co-ownership since there is no need to agree with all the co-owners of a building. “Third party recourses are becoming more and more frequent. They cite subjective reasons such as visual nuisance», Notes Eli Ben Sadoun, commercial director and partner of the Atelier de la sélevation, which has around a hundred active projects in Île-de-France, in the south of France and in the Auvergne-Rhône-Alpes region.
A hidden building permit?
Another element which upsets the applicant: the building permit display panel which is not “not visible from a road accessible to the public», according to him, which makes it irregular in his eyes. The town’s lawyer responds not without irony: “The work has not started, so if the gentleman is attacking the building permit, it is because he saw the sign… He could not not see it, since it is almost hanging on his fence“. Furthermore, the appeal of the dissatisfied owner seems to him to be out of time because it is too late. It comes more than 15 months after the building permit was issued, according to him. Will the emergency judge rule in favor of the owner whose view risks being less attractive or his neighbor? She will make her decision soon. To be continued.