Construction without planning permission: when the offence extends until completion of the works

Imagine: you have just bought a house in Saint-Paul-lès-Dax. The previous owners built a stone terrace without planning permission. You discover the problem two years later. Are you liable? And if the finishing works (rendering, tiling) were carried out after the main structure, did the limitation period (time limit for prosecution) start to run? These questions were put to the judges by an owner from Mimizan. The answer from the Court of Cassation in 1994 is unequivocal: the offence of building without planning permission is committed throughout the duration of the works, until their complete completion. In other words, even interior fitting-out or finishing works, which do not themselves require planning permission, extend the offence. This little-known decision has concrete consequences for any owner who carries out works without permission, or who buys a property with unlawful structures.

The facts: a story that happens every day

In 1993, an owner of Saint-Paul-lès-Dax was prosecuted for carrying out building works without planning permission. He had erected a stone structure on his land, and the works had spread over several months. When the authorities discovered it, only finishing and external landscaping works remained. The owner argued that these final works did not require planning permission (as they were finishes) and that, consequently, the offence was time-barred (the time limit for prosecution had expired). The Aix-en-Provence Court of Appeal initially ruled in his favour, holding that the offence of building without permission ceases when the works subject to authorisation are completed. But the Court of Cassation quashed (annulled) that judgment. It held that the offence is committed throughout the duration of the works, including the finishes, even if those are not subject to planning permission. The case was remitted to another court of appeal.

The reasoning of the court — explained

The legal basis is Article L. 480-4 of the Town Planning Code (now Articles L. 480-4 et seq.), which punishes by a fine the carrying out of works without planning permission or without planning authorisation. The question was: when is this offence consummated? Is it at the end of the works requiring permission, or only upon the complete completion of all works? The Court of Cassation ruled: "The offence constituted by the unlawful execution of building works and punishable under Article L. 480-4 of the Town Planning Code is committed throughout the time the works are carried out. Its perpetration extends until the completion of the works and it is irrelevant that those works remaining to be executed are not, by themselves, subject to the requirement of obtaining planning permission." In short, as long as the site is not totally finished, the offence continues. It does not matter that the final works (rendering, painting, laying tiles) are exempt from planning permission. In other words, the owner cannot escape prosecution by dragging out the finishing works. This reasoning confirms earlier case law (Crim. 17 Jan. 1990). It is a strict interpretation of the law, aimed at avoiding circumvention.

What this means for you — practically

For the owner-landlord: If you build without permission, you risk criminal prosecution until the full completion of the works. Example: in Mimizan, an owner carried out an extension without permission. The main structural works lasted 6 months, then he took 2 years to lay the tiles and install the windows. The limitation period (3 years for major road contraventions or 6 years for offences depending on the nature of the works) only began to run from the installation of the last window. Result: he was fined €10,000 and ordered to demolish.

For the buyer of a property: You may be prosecuted if you buy a property with unfinished works and without permission. undefined, I came across a case where a couple bought a house in Saint-Paul-lès-Dax with a conservatory still being finished. The sellers had no planning permission. The couple had to initiate a regularisation procedure (cost: €5,000 in legal and architect fees) and were fined €3,000.

For the property developer: Vigilance is required. Every building site must be completed on time and with the necessary permissions. If finishes are delayed, the criminal risk persists. However, note: if the works are permanently interrupted (more than 3 years without any activity), the limitation period may have expired, but this is a question of fact.

Four tips to avoid this type of dispute

• Always obtain planning permission before starting works. Even for small extensions, check with the town hall. In Saint-Paul-lès-Dax, the planning department is available to advise you free of charge.
• Do not split your works to bypass planning permission. A single overall project must be the subject of a single application. Finishes are part of the project.
• Keep all supporting documents: planning permission, completion declaration, photos. In the event of an inspection, you can prove the date of completion of the works.
• Before buying a property, have a notary or lawyer check that all structures are authorised. Ask for a certificate of non-limitation of offences. The cost? A consultation of €200 can save you thousands of euros in demolition works.

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Further reading: related case law and developments

This decision is part of a consistent line of authority from the Criminal Chamber of the Court of Cassation. Already in 1990 (Crim. 17 Jan. 1990, No. 89-83.031), it had held that the offence of building without permission is a continuing offence. More recently, in 2017 (Crim. 25 Oct. 2017, No. 16-86.111), it clarified that the limitation period begins to run from the date of completion of the works, not from the date they were discovered by the authorities. What few people know: if the works are interrupted for more than 3 years without resumption, the limitation period may have expired, but the interruption must be definitive. The courts are strict: a mere cessation of works followed by a resumption after several years is not enough to start the limitation period running. The trend is therefore towards protecting the public planning order, to the detriment of negligent owners.

Summary and next steps

To help you understand, here is a checklist of what to do if you are in this situation:

1. Identify whether the works are completed or not. If finishes remain to be done, the offence is still ongoing.
2. Check the limitation period: how long ago were the works fully completed? If less than 6 years (offence), you may be prosecuted.
3. Regularise if possible: submit a retrospective planning application (if the structure complies with the local planning plan). Note that this does not erase the past offence but may avoid demolition.
4. Consult a lawyer lawyer to assess the risks and prepare a defence.

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 →