Getting turned down for a building permit is extremely frustrating, especially if the permit is held by the municipality. Instead of letting the municipal authorities give you a hard time, seek the advice of a lawyer who practices in this area.
Whatever you need in terms of municipal law, see how a JuriGo lawyer can represent you in negotiating with your municipality!
Services offered by lawyers in municipal law!
If you are not entirely familiar with municipal law, don't panic. It is primarily an area in which contractors and individuals are involved when they are trying to obtain approval for a construction project, assert a vested right, or seek changes to zoning by-laws.
How does a lawyer become involved in municipal matters? By acting as your advisor and representative before the municipal authorities in the following cases!
Expropriation is one of the most important cases handled by lawyers practicing municipal law. While the Civil Code of Quebec provides that no person can be forced to sell his property, this is possible through expropriation. It consists of forcing a citizen of the municipality to sell his or her house to the municipality for "public utility" purposes. Since expropriation consists of evicting a person from his property, an exhaustive and complex process must take place.
The lawyer takes part in this process from beginning to end. It all starts with the filing of the project by the municipality of the necessary notices to the Tribunal administratif du Québec and serving the notice to the property owner subject to expropriation so that he will have the opportunity to appear in court.
If the expropriated party agrees to negotiate, the mandated lawyer will deal with the compensation to be paid and the purchase price. If not, the expropriated person has 30 days to contest the expropriation in the Superior Court of Quebec with the help of his lawyer.
The concept of vested rights is often applied in municipal law. It refers to the fact that when a new by-law comes into force, a person who has a development or situation that contravenes the by-law may be exempted from the application of the by-law. This may apply, for example, to buildings, septic systems, and other rights of use.
The notion of acquired rights also refers to the notion of acquisitive prescription allowing the acquisition by use of a parcel of land belonging to another person. As you may have guessed, the lawyer is there to represent you when the municipality contests your acquired right or to obtain a judgment to formalize your prescription.
Whether you are building a house, erecting a garage, cutting down a tree, or doing renovation work within the municipality, applying for a permit is a necessary preliminary step. What does a lawyer have to do with it? A lawyer is there to ensure that your application is properly prepared and followed through in case it is refused by the municipal authorities.
Finally, in matters of municipal liability, the rules of civil liability apply but with time limits and necessary adaptations. If you have suffered damages caused by your municipality, you must act quickly because the limitation period is only 6 months!
Municipal law is a specialty that includes other principles from related fields such as real estate law, administrative law, and more. This emphasizes the importance of hiring a municipal law specialist to assist you.
Permit application, urban planning, and acquired rights: Consult a lawyer without delay!
As mentioned earlier, the application for a permit, whether it is to build, cut down trees, or install a septic tank, must be addressed to the municipality. However, there is no guarantee that the municipality will grant you the desired permit.
When evaluating your request, the municipality ensures that the permit meets the criteria for approval, in particular by consulting the by-laws in effect. However, grey areas may arise, leaving it to the discretion of the municipal administration to decide whether to grant the permit by analyzing the purpose of the relevant legislation.
What can you do if a permit is denied? If you feel that the refusal of a permit is unjustified and the municipality does not give you a valid reason for the refusal, your solution lies with a lawyer. He or she can advise you whether the refusal is without basis and, if so, try to negotiate with the municipal authorities to obtain approval.
Although municipalities have some discretion, they are not omnipotent and must be held accountable when they unjustly deny a permit. This is why it is possible to go to court with a municipal lawyer who will argue that the refusal is not supported by any legal provision and that the decision is arbitrary.
How do I enforce a right with a municipality with a lawyer? When the municipality changes its own by-laws, you may be found in violation of the by-law. While the municipality can decide not to hold you accountable, it is also possible that authorities will require you to comply with the new rules.
Your lawyer can oppose this by proving your vested rights. The municipality will have the choice of accepting your rights, or it may opt to go to court to obtain a ruling against you.
Ask qualified lawyers for advice on urban planning, zoning, and land use planning! For certain large-scale construction projects, it becomes necessary to modify the zoning of a municipality in order to make construction possible. There is no guarantee that the municipality will comply with your request which could put your project on hold for a long time.
A municipal law specialist, however, can negotiate with the city on your behalf to have the zoning by-laws amended so that your project can be done.
Special rules on municipal civil liability
Civil liability, in normal circumstances, is subject to the rules set out in the Civil Code of Quebec which requires the presence of a fault, a prejudice, and a causal link between them to hold the wrongdoer liable. Did you know that a city can also be held responsible for the prejudice suffered by one of its citizens?
Since municipalities have a legal personality, they are responsible for complying with the rules of conduct imposed on them so as not to cause harm to others. When the municipality fails to meet the standards of due diligence, the injured party may apply to the courts for compensation.
However, special rules apply to municipalities! The first exceptional rule concerns the limitation period applicable to them. While the common law period applicable to most situations is 3 years from the date of the damage or its knowledge by the victim, the period applicable to municipal matters is only 6 months.
This means that you have less time to act, after which you will can no longer claim any compensation. But for what type of injury can you sue a municipality?
For example, a fall on a sidewalk or poor maintenance of municipal facilities that causes you injury. Don't get on your high horse just yet. Just because you fall on an icy sidewalk doesn't mean you can take legal action right away; the municipality still has to be at fault, and it will be up to you to prove it.
Historically, the standard of fault for successfully suing a municipality was higher than simply falling on a poorly-plowed sidewalk. The only way to know if your injury gives you a chance of success in a liability claim is to seek the advice of a municipal liability lawyer.
JuriGo refers you to the best municipal law attorneys in Quebec!
Are you tired of seeing your projects being delayed by your municipality's repeated refusals regarding permits, zoning, and construction? It's understandable, but you should know that nobody is left without recourse. Your project deserves to see the light of day and you deserve legal assistance to make the process easier.
JuriGo can help youto ensure that your municipal projects are accepted by the decision-making authorities of your municipality!
To speed up the settlement of your project, there is only one thing left to do: contact JuriGo by filling out our online request form below!