Illegal Construction: Can a Neighbour Obtain Damages in Court?

Picture the scene: you live in Couzeix, in a quiet residential street. One morning, you hear drilling noises. Your downstairs neighbour has decided to raise his roof without permission. Result: your view is blocked, your privacy compromised. You are furious, but what does the law say?

Hundreds of owners and tenants ask this question every year. Does planning law only protect the public interest, or can it also serve to defend your personal interests?

The Court of Cassation, in a decision of 22 August 1994 (No. 93-83.821), ruled: yes, the violation of building permit rules can cause direct and personal harm to an individual, and that harm can be remedied by a civil action before the criminal court. In other words, if your neighbour builds without a permit, you can not only report him, but also obtain damages.

The facts: a story that happens every day

In this case, a property owner, Mr. X, had carried out work to raise his house in Couzeix without first obtaining a building permit. Mr. and Mrs. Y, owners of a neighbouring flat, found that this illegal construction caused them a disturbance of enjoyment: it obstructed their view and reduced their privacy. They filed a complaint.

The case was heard by the criminal court of Limoges. The owner was fined 5,000 francs (about €760) for breach of the Planning Code. But above all, the court ordered the demolition of the illegal part of the construction, under a penalty payment (a sum to be paid for each day of delay). And, accepting the civil party claim of Mr. and Mrs. Y, it compensated them for their loss.

The owner appealed, challenging the very principle of compensation. He argued that planning rules are only made for the public interest, not to protect private interests. The Limoges Court of Appeal agreed with him… but the Court of Cassation quashed that decision. For the Court, the disturbance of enjoyment suffered by Mr. and Mrs. Y was directly linked to the illegal construction, and this personal harm justified compensation.

The reasoning of the court — dissected

The core of the debate concerned the interpretation of Article 1240 of the Civil Code (former Article 1382). This fundamental provision states: “Any act of a person which causes damage to another obliges the person by whose fault it occurred to make reparation.”

The at-fault owner invoked a principle argument: the provisions of the Planning Code relating to building permits were enacted for the public interest (to regulate land use, protect the environment, etc.). According to him, their violation could therefore not cause harm to an individual, but only to the community.

The Court of Cassation rejected this argument. It held that “their breach may also cause direct and personal harm to individuals capable of grounding a civil action before the criminal court.” In other words, the same fault (building without a permit) can both harm the public interest (justifying a criminal fine) and a private interest (justifying damages).

This is not a reversal, but a confirmation of settled case law. As long as the neighbour demonstrates personal harm (loss of view, overshadowing, noise nuisance, etc.), he can join as a civil party and obtain compensation. The Court thus censured the Limoges Court of Appeal which had denied this right.

What this changes for you — practically

This decision has very practical implications. If you own property, you can now act on two fronts: seek demolition of the illegal construction (through the criminal or administrative court) and obtain damages for your personal harm.

Take a concrete example: in Brive-la-Gaillarde, a owner builds a conservatory without a permit, encroaching on his neighbour’s view. The neighbour can file a complaint with the public prosecutor. If the offence is recognised, the court may order demolition and order the builder to pay, for example, €5,000 damages for the loss of value of his property.

If you are a tenant, you can also act, because the disturbance of enjoyment directly affects you. A tenant can join as a civil party to obtain compensation for his loss (e.g., €1,500 for loss of sunlight).

If you are a co-owner, the situation is more complex: the agreement of the co-owners’ association is often required to act, unless the disturbance is personal (e.g., obstructed view from your flat, not from the common parts).

Beware, however: you must prove direct harm. A mere aesthetic nuisance may not suffice. It is advisable to have the nuisances recorded by a bailiff (costing €200 to €400).

Four tips to avoid this type of dispute

• Always check permissions before buying a property: Before signing a preliminary sale agreement, ask the seller for a copy of the building permit and the certificate of conformity. If work was done without permission, you could be required to demolish it.
• Before building, consult your town hall’s planning department: In Couzeix as in Brive, a simple phone call can save you months of proceedings. A building permit is required for any creation of floor space over 20 m².
• If your neighbour builds illegally, act quickly: The limitation period for criminal action is 6 years from completion of the work. But the longer you wait, the harder it will be to prove the harm. Have it recorded by a bailiff.
• Gather evidence: Photos, witness statements, registered letters. If the disturbance is continuous, a bailiff’s report is essential. Also keep invoices for your own work if the construction affected your property.

Besoin d'un conseil personnalisé ? Contactez Maître Zakine — première consultation 30 min à 45€.

Further reading: related case law and developments

This 1994 decision is part of a consistent line: as early as 1985, the Court of Cassation had already accepted that an individual could join as a civil party for a planning offence (Crim., 12 November 1985). More recently, in a judgment of 15 March 2023 (No. 21-87.654), the Criminal Division recalled that simple disturbance of enjoyment (loss of sunlight) constitutes compensable harm, without the need to prove loss of market value.

The trend is therefore towards increased protection of neighbours’ rights. Courts no longer hesitate to order demolition, even for old constructions, if they are illegal and cause harm. What few people know is that you can also act before the civil court (tribunal judiciaire) to obtain damages, even without criminal proceedings. But the action before the criminal court has the advantage of being able to seek demolition under a penalty payment.

Checklist before taking action

FAQ: Frequently asked questions

1. Can I act if the neighbour built without a permit but I see no difference? No, direct and personal harm is required. A mere height exceedance without impact on your view is not enough.
2. Should I first contact the town hall? Yes, this is often the first step. The town hall can draw up a report of the offence, which will facilitate your court action.
3. How long does a procedure take? On average 1 to 2 years for a criminal action, sometimes longer if appealed. Demolition can be ordered within 6 months after judgment.
4. What are the costs? In addition to bailiff fees (€200-400), you will need to advance lawyer’s fees (count €1,500 to €3,000 for a simple procedure). But if you win, the neighbour may be ordered to reimburse you.
5. What if the neighbour obtained a permit but the construction is still bothersome? You can challenge the permit before the administrative court within 2 months of its display. Beware, the deadlines are very strict.

Are you in a similar situation? A first 30-minute consultation with Maître Zakine (€45) can save you months of proceedings — and often much more. Book an appointment →