LUXEMBOURG Law and Practice Contributed by: Claire-Marie Darnand, Victorien Hémery, Johan Léonard and Benjamin Marthoz, Stibbe
municipal building regulations ( Règlement sur les Bâtisses – Rb), which provide detailed rules regarding the design, appearance and method of construction. Each municipality in Luxembourg sets its own The State and the municipalities are responsible for regulating the designated use of individual parcels of real estate. The modified Law of 19 July 2004 applies, as does the given municipality PAG, PAP and/or Rb. 4.4 Obtaining Entitlements to Develop a New Project Each project is subject to a building permit issued by the municipality (the mayor – Bourgmestre ). If the parcel(s) of land is (are) situated in a zone identified in the PAG as being subject to the adoption of a PAP, such PAP will have to be defined and adopted by the municipality coun - cil before the owner can be put in a position to apply for a building permit. A building permit is then only granted if the pro - municipal building regulation. 4.3 Regulatory Authorities ject is compliant with: • the applicable PAG; • the PAP for a new or existing development, where applicable; and • the building, public road and site regulations. Third parties with a direct interest (eg, neigh - bours) have a right to participate and object to the issuance of the building permit. Once the building permit application is approved by the mayor, a certificate is issued, which must:
• be clearly and legibly displayed by the devel - oper at the boundaries of the work site; and • state that the public can view the file at the communal authority (for the period allowed for objections, which is three months from the date when the certificate is displayed on the work site). 4.5 Right of Appeal Against an Authority’s Decision Regarding the building permit issuance process, any person may appeal to the court to have the decision overturned. The appeal must be filed within three months of the certificate being dis - played by the developer at the boundaries of the parcel of land. Regarding the PAP adoption process, any per - son who lodged a complaint with the communal council during the publication period and is not satisfied by the response from the Minister for Home Affairs may appeal to the court to have the decision overturned. 4.6 Agreements With Local or Governmental Authorities Developers and owners remain free to enter into a contract with the relevant authorities, primarily the municipality, to address potential issues in advance. 4.7 Enforcement of Restrictions on Development and Designated Use The mayor of the municipality is empowered to stop the works and/or to lodge a criminal com - plaint and initiate criminal proceedings against the developer/owner.
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