Can we refuse a construction on the property line?

To build a house, there are many rules imposed depending on the situation. For a construction on the property line, for example, there is no question of starting the work as you see fit. You must first make sure you understand the rules in this area and above all respect them to avoid problems.

Is it possible to build near a property line?

If we refer to the right to property, an owner has the freedom to build up to the property line. Moreover, he is not obliged to inform his neighbor before starting the work. You therefore have the possibility of build on the edge of your land, but it is necessary to take into account an important detail. Indeed, there are imposed distances which must necessarily be observed between the constructions.

build near a property line

These distances are imposed by town planning rules and may depend on a local town planning plan (PLU), but also a land use plan (POS).

If no clarification is made at this level, it is recommended to turn to the town planning code or the regulations on the regional plan.

These are the rules that must be respected between constructions, between two sites and between the limits and the road.

When your neighbour’s house is on the property line and the facade has openings facing your land, there is a distance to observe. For your construction, you must respect 1.90 m of separation.

Why is it important to respect the distances at the property line?

There are many reasons to justify the distances imposed between dwellings. They are mandatory and can in some cases be the basis of conflicts between neighbors in the event of non-compliance. There distance allows homeowners to have privacy and not feel uncomfortable due to building too close neighbor. Likewise, this makes it possible to obtain a better layout of the constructions and at the same time plays a safety role.

Requirements of healthiness and D’hygiene are also part of the reason these limits are imposed. You are obliged to know and respect these distances if you want the success of your project. Compliance with limits is a factor that will partly determine whether your request for building permit will be accepted or refused.

Who to contact in the event of a dispute for a construction on the property line

Who should I contact in the event of a dispute over construction on the property line?

The jurisdiction to contact in the event of a dispute depends on the situation. When it comes to a problem with the municipality, you must refer to a administrative judge. If the conflict is rather with a neighbor, it is the civil jurisdiction who is handling the case.

In the event of a request for a derogation from the rules imposed in the POS or in the PLU, with the mayor, the latter may oppose a refusal. He will have to justify his decision so that everything is in conformity. The main challenge step is to file a equitable relief. If all the requests do not resolve the situation, the administrative tribunal remains the last resort.

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