The French Decree of 29 December 2025 introduces Article R. 424-2-1 into the French Town Planning Code (Code de l’urbanisme). This article provides that, by way of exception to the general rules, the absence of notification of an express decision within the statutory examination period shall constitute an implicit decision of refusal where the project is subject to an environmental impact assessment.
This regulation follows two decisions of the French Conseil d’État dated 4 October 2023 (Nos. 465921 and 467653).
In these rulings, the Conseil d’État held that a project subject to an environmental impact assessment can never be granted a tacit town-planning authorisation.
This case law is moreover consistent with the jurisprudence of the Court of Justice of the European Union, which, in its judgment of 14 June 2001 (Case C-2030/00), held that :
“a tacit authorisation cannot be compatible with the requirements of the directives referred to in the present action, since those directives provide either, as regards Directives 75/442, 76/464, 80/68 and 84/360, for prior authorisation mechanisms, or, as regards Directive 85/337, for assessment procedures preceding the granting of authorisation. The national authorities are therefore required, under each of those directives, to examine on a case-by-case basis all applications for authorisation submitted.”
The decree merely brings French legislation into compliance with the aforementioned European directives with respect to permit applications subject to environmental impact assessment.
For further information, follow the link: https://www.atmos-avocats.com/actualites/articles/fin-permis-tacite-pour-projets-soumis-evaluation-environnementale-2603.htm.
To consult the decree, follow the link: https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000053202821.
to consult the judgment of the Court of Justice of the European Union of 14 June 2001, follow the link: https://eur-lex.europa.eu/legal-content/FR/TXT/?uri=CELEX:62000CJ0230.