FOCUS. Among the ten proposals of the Federation of property developers (FPI), for the presidential 2017, the fight against abusive litigation, “which block the construction of a 25,000 to 30,000 new housing”, remains a priority concern. Its president Alexandra Francois-Cuxac proposes to the future Government to create an expedited procedure in the administrative court, referred to as “fast-track” or expedited procedure.
A drastic measure to reform the real estate market ? In his advocacy of 114 pages to affirm high and strong, his vision and his ten proposals for the future tenant of the Elysee, the president of the Federation of property developers (FPI), Alexandra Francois-Cuxac has developed one of them : the fight against abusive litigation. The challenge is to size : these remedies block the construction of 25,000-30,000 units per year, according to figures from the REIT. “It is very important for the promotion of real estate, this represents a quarter of our annual production”, we reported the entourage of the president of the federation.
“To reduce the impact of the remedies, it is necessary to reduce the procedural delays that lead the promoters to have to buy time”, has she commented on the sidelines of a press conference, held on April 11, 2017. Applicants who submit abusive applications will generally be rejected, but at the end of two or three years of procedure.”
Before adding : “The promoters, who, like all economic actors, may not sterilise permanently an important part of their own funds without putting yourself in danger, then the temptation to speed up the process in satisfying the monetary claim that is made, even when they know they are in their right.”
“The one who says the law is the judge, and not the time”
This is why the president of the REIT believes that it “must return in a system where the one who said the law is the judge, and not the time.” Alexandra Francois-Cuxac therefore proposes to create, “in the taut areas, an accelerated procedure called fast track in the administrative court to obtain a decision within a period of less than six months on a request of cancellation of building permit.” The REIT considers, in effect, “that only a section of law to govern the period within which the decision on the merits was found to be appropriate.”
“To have a preventative approach to use”
In addition, the president of the REIT estimated in its argument that”you also need to have a preventative approach to use. I can see the programs on which the rate of use is lowest are those located within the BIA, because the power of the public has largely concerted with the population, before starting the operation of the development.”
She pleads thus, “for a strengthening upstream of the concerted action on the LUP, including the inhabitants in a pedagogical approach, to a professionalization of their regard and of their appreciation, for an acculturation of the subjects of the City, social diversity, and the framework of life (as it should also teach very early on in school !).” That is why, the president of the REIT decides “to replace the appeal deadline of the third a posteriori by a construction joint the upstream project.”
We should remember, however, that the REIT, was pleased, in July last, when the vote of the draft law “Equality and Citizenship”, in the first reading at the national Assembly, the adoption of three amendments in order to expedite the processing, by the administrative justice of appeal against the building permit.
- Presidential 2017 : The FPI wants to “put the real estate in the heart of the debate”
- Law Equality and Citizenship : amendments adopted against the abuse of