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Authorization for electric heating installation granted

ATA/275/1998Court of Justice / Administrative ChamberMay 19, 1998Granted

Open source

Extracted by Omnilex

Omnilex summary

The applicant sought authorization to install electric heating. The authority could not require a gas-heating solution because the necessary investment would have been disproportionate in relation to three electric radiators, whose cost was only about half that of the gas alternative. The authorization for the electric installation was therefore granted.

Omnilex headnote

LE.15A; authorization for a heating installation may not be refused where the alternative required investment would be disproportionate in relation to the proposed electric solution. Proportionality requires weighing the cost burden of the technically preferable option against the concrete installation requested; if the substitute system entails an excessive expense, the permit must be issued.

Full text

Descripteurs

INSTALLATION DE CHAUFFAGE; AUTORISATION(EN GENERAL); TPE

Normes

LE.15A

Résumé

L'investissement nécessaire à l'installation d'un chauffage au gaz étant disproportionnée par rapport à celui de 3 radiateurs électriques (soit le double du prix), l'autorisation de l'installation électrique doit être délivrée.

Keywords

heating installationauthorizationproportionalityinvestment costelectric radiatorsgas heating

Extracted by Omnilex

Key legal questions extracted by Omnilex

Key legal question

Whether authorization for the electric heating installation had to be granted despite the availability of gas heating.

Extracted holding

Yes. Because the investment required for gas heating would be disproportionate compared with three electric radiators, the authorization for the electric installation had to be issued.

Extracted reasoning

The cost difference made the gas alternative excessive in relation to the contemplated electric solution, so the permit could not be refused on proportionality grounds.

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