John Speed

Any one know a reputable solicitor expert in the French property laws,
Preferably in Charente,
Query mainly concerns planning and conversions

cyrian

Others with more experience will no doubt respond but it doesn't work as in the UK.
Notaires have a different function in France - basically to make sure that property taxes are paid to the government.
They generally (but not always) work for both parties in the buying / selling process.
The planning process and permission is the preserve of the Mairie i.e. the mayor of the commune/town.
Depending on your specific query, you may be better consulting an architect or a trusted builder specialising in your perticular needs.

Good luck

Ka Ora!

As has already been said the direction you go very much depends on the project ahead. What do you have in mind?

Typically the Mairie and the DDE deal with planning applications and the various other bodies that deal with a few issues in it but copies of the application normally get passed to them when you submit, Again depending on the project. The system here has very little resemblance to the UK one and most areas have pretty strict urbanisation plans that are agreed with the farming ministry and the dde and run on about four year cycles, Mairie is the first place to start as they would be giving out the Certificat d'urbanisme which is the starting point in even considering something of an Urban nature.

dmu

Hi, I concur with the above.
First choose the property that you'd like to plan/convert, then check at the Mairie that a Certificat d'Urbanisme and/or Permis de Construire is possible, then decide whether to buy or not, then buy via a local Notaire, then submit your plans and/or conversions at the Mairie for a permis de Construire, then wait...
You have to be more precise than "preferably in Charente", and even if you cited a Commune, we can't tell you whether the Mairie will comply with your wishes....
And as mentioned, the only lawman that you'll need is the Notaire who conducts the sale.
Hope all this helps!

John Speed

[QUOTE=Ka Ora!;9447909]As has already been said the direction you go very much depends on the project ahead. What do you have in mind?

We actually have a complex problem; briefly my daughter purchased a small mill house near St Jean d'Angely two years ago with a large meadow ,lake and stream.
The notaire provided architects drawings for making the building habitable,with a small extension on stilts for a kitchen.Also the required planning permission from the Town Hall office of the Mayor.
Further approval was sought and given to install a septic tank and driveway.
As her circumstances changed my daughter decided to sell, obtained a buyer,who ,before completion applied forplanning to enlarge the extension.
This was refused and the sale was lost.she had to return the deposit.
Then The Mayor's office told my daughter the planning had a time limit,which was Not originally disclosed,and it had expired
They now said the original permission was no longer going to be renewed and in spite of the permission given for the septic tank, the house was not a viable habitation.
We feel the notaire who acted for the sale was therefore negligent
And the mayor should also be liable for going back on permission given which has left my daughter with a beautiful pile of stones and a lake which she cannot sell, and worse,she is going on paying a mortgage.
This is why we want a good honest lawyer who can advise on the viability of legal action,which seems her only recourse. The selling Agent has shut up shop and disappeared.

dmu

Hi, as you say, it's complicated, and maybe you should have said all this in your first post!
http://www.portail-juridique.com/pag...cats_17_0.html
will give you a list of all the Avocats in St Jean d'Angely.
Maybe there's a BE member who can recommend one personally, otherwise try a regional expats' forum.
Be aware though that Notaires are virtually untouchable, they are Public Officers approved by the Ministry of Justice.
An Avocat will advise on who to sue (or not)....

cyrian

Try this site - in english.
It may help.
http://www.notaires.fr/notaires/en/jsp/site/Portal.jsp

You possibly have other options e.g. visit the Maire and discuss what alternative plans - if any - would be allowed.

Solicitors are you think of them do not exist and the systems works totally differently from the english system.
Hopefully, the website will be of help.
I agree with the reply from dmu.

Good luck

Ka Ora!

You do have a time period on all planning consent to commence the work, It is why all French Folk put the foundations in and then leave it. Once the work has commenced you can take your time. I personally see no legal recourse as it would be your daughters responsibility to know these things.

LPC

I agree with Ka Ora. It would have been stated on the original permission (somewhere) that work must be commenced within a given period - perhaps as it was in French your daughter did not read the fine print. I personally doubt whether anyone has acted incorrectly, although the mayor or his secretary should have pointed out the requirement, even if they are not required to do so.

I would suggest that your daughter takes someone fluent in French, with a charming manner, to talk politely with the mayor. "Oh, we didn't understand about the time limit on starting; what can you suggest now? We really would like to restore the property to its former glory. Please can you help us?"

A lot of charm and good French MAY help solve the problem. Most mayors don't want stone rubbles lying around their communes. The problem is that each commune now has to conform with stricter planning rules, especially regarding drainage. Good luck!

John Speed

Thanks for interest shown by all.
We have now found a mediator and hope to move forward that way.