Can we challenge the opinion of the architect of the buildings of France concerning the refusal of a building permit of pavilion located in the protected perimeter?
You can dispute this opinion with the Prefect of your region since 1997. The challenge can be made by yourself or by the mayor of the municipality.
The referral must take the form of a registered letter with acknowledgment of receipt. The deadline is: - one month from the reception of the decision or the opinion of the ABF if it is the mayor or the competent authority which seizes the prefect. - two months from the notification of the refusal of the works if it is the one who wants to realize them which seizes the prefect. (Decree of 12 February 2004 made in consequence of the law on local democracy (Law No. 2002-27 of 27 February 2002)
The Prefect will take advice from the section of the regional commission on heritage and sites in order to form an opinion of the situation. He will then give his opinion or decision within three months from the date of referral. If he does not make a decision within this period, he is deemed to have confirmed the opinion of the ABF, which also confirms the refusal of a permit. Otherwise, his opinion will prevail over that of the ABF and you will win your case.
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