Par Christophe Ganne
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The judge in chambers of the administrative court of Rennes dismissed the owner of a former hotel-restaurant in Treguier, who wanted to suspend the municipal decree having officially given him formal notice on May 24, 2022 to carry out work on his 17th century building.
Access forbidden by the mayor
Mayor Guirec Arhant had also at the same time “temporarily prohibited” access to this building located at the corner of Place du Martray and Rue de la Chalotais.
It was in fact one of the “priority buildings” which had been listed in the Real Estate Restoration Operation (ORI) declared of public utility in March 2021 to reduce degraded housing: it provides for financial aid but also more restrictive measures which may go as far as expropriation for recalcitrant owners.
Facades and floors
In this specific case, a “renovation of the facades”, a “renovation of the joinery”, a “repair of the roof” or even a “reinforcement of the floors” had been prescribed for this building which comprises two floors and an attic.
The applicant, however, argued that the “corner post” – a long piece of wood used at the corner of the frame sections – was not “not the support of the structure” of his building and that he presented “no danger”. “A carpenter will do the work,” he still assured, when an order had already been made in this case on April 12, 2022.
But the judge in chambers of the administrative court of Rennes did not finally have to rule on the merits of the case: the request was “inadmissible” legally for a problem of form.
The corner post
“The admissibility of a request for the suspension of an administrative decision (by a single judge, editor’s note) is subject to the filing, by separate request, of conclusions for the purpose of annulment of this same decision (by a collegial formation of three judges within about two years, editor’s note)”recalls the judge in an order dated August 1, 2022 which has just been published.
But in this case the owner of the former hotel-restaurant “does not justify having seized the court of a separate request for the cancellation of the decree”, notes the magistrate.
“By merely asserting that the corner post is not the support of the structure of his building and does not present any danger and that a carpenter will carry out the work (…), the owner is not developing any legal means likely usefully challenge the legality of the decree in question”observes the judge. “The request (…) is rejected. »
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