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In this context, the most common practical issues prior to the substantive settlement of the action relate to the third party being subject to the time limit for challenging the authorization. In most cases, a person distinct from the beneficiary of the authorization learns of its issuance much later, meaning that the lateness of the proceedings is frequently invoked in practice, given the exceeding of the 30-day deadline for the formulation of the preliminary complaint - which normally flows from upon communication of the act. Here, too, the situation should be clear, as the legal text expressly states that the 30-day time limit in this case must be calculated from a different time - namely the time when the injured party became aware, in any case, of the content of the act. .
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But, concretely, the stake of the discussions becomes here the meaning of the term of acknowledgment. Usually, in support of the exception of lateness, it is invoked that the display of the authorization on the City Hall website or the display of the extract from the authorization at the construction site would mean that third parties have taken note of the deed. From our point of view, these modalities should not ensure a general opposition to third parties. First of all, because logically no one follows the City Hall website daily to check which building permits have been issued. Secondly, with regard to the display of the extract at the construction site, we do not consider that the simple display is an effective knowledge, because it is possible on the one hand that the injured person is not around and does not notice that poster,issuance of the deed. Of course, each concrete case has its own particularities, and the situations will be different depending on the concrete circumstances.
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The second hypothesis may give rise to several discussions, including the active quality and admissibility of the contentious action - namely the request for the demolition of the building erected in the absence of the building permit. Some situations do not yet contain an express regulation and are not clarified by unitary solutions in judicial practice. The biggest question is whether an injured individual can request the demolition of a building erected without authorization through administrative litigation.
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