Legal issues with antenna installations

The failure of a telecommunications company, known as "TowerCo," to inform the mayor and provide an operator commitment does not affect the legality of the urban planning permit. However, it can lead to the contract being nullified and the construction site being interrupted.

Legal requirements for information

The law of 26 May 2026 requires anyone who acquires or rents a location for antenna infrastructure to inform the mayor and attach an operator commitment. This requirement is under penalty of nullity of the contract. The Code of Posts and Electronic Communications (CPCE) outlines these requirements for various real estate transactions.

Changes in the legal framework

The 2021 REEN law required informing the mayor before work began. The 2026 law distinguishes three cases based on the situation and timing of the information. It also requires justifying the transmission of the information file to the mayor when submitting the urban planning application.

Legal independence and conditions

The operator certificate is not part of the prior declaration or permit file. Its absence cannot justify a refusal or opposition from the city. However, the Urban Planning Code requires that the information mentioned in the CPCE be considered before starting construction. This information is a condition for implementing the permit, not its legality.

Nullity and its implications

The law allows for absolute nullity of the contract, which can be initiated by the municipality and the public prosecutor. This nullity is not automatically open to neighbors. The 2026 law aims to prevent land speculation and ensure the mayor is informed, both of which are matters of general interest.

Consequences of nullity

An annulled contract is considered to have never existed, requiring the return of any benefits received. The tenant becomes an occupant without legal title, and the owner can request their eviction. A new contract can be made once the mayor is informed and the operator certificate is provided.

Site interruptions and criminal liability

A site opened without informing the mayor can be quickly stopped, and its participants may face criminal liability. Demolition is unlikely because the defect can be corrected by simply sending the required information. Most relay antennas fall under a prior declaration, not a building permit, which affects the application of certain legal protections.

Mayor's powers and sanctions

The mayor, upon learning of an infraction, is required to report it to the prosecutor. They can order the interruption of work and impose daily penalties. They can also request the regularization of the site under a daily penalty or an administrative fine. These measures are typically focused on ensuring the required information is provided.

Legal protections for completed installations

The protection of a completed installation depends on the type of permit it falls under. Most relay antennas fall under a prior declaration, not a building permit, which means they are not protected by the same legal provisions. The failure to inform the mayor does not erase the criminal infraction or the powers of the municipality.

Legal actions and time limits

The legal action for the annulment of a permit must be initiated within two years of the decision becoming final. If the permit was not annulled, the action is unlikely to succeed. The failure to inform the mayor cannot ground the annulment of the permit, limiting the grounds for such actions.

Civil and criminal actions

The lock of article L480-13 of the Urban Planning Code concerns only civil action. The infraction remains prosecutable for six years from the completion of the works. The court can theoretically order the demolition, but regularization is more likely for defects that can be corrected by providing the required information.

Legal bases for actions

Two legal bases are possible for actions against antenna installations: urban planning rules and abnormal neighborhood disturbances. Each has different conditions and time limits. The judicial judge can award damages and interest but cannot order the removal of a regularly authorized antenna for health or interference reasons.