Property Law: Legal Framework and Solutions

This decision provides important insight into your property law. Here is what it changes for you.

The situation

If the normal rate of registration duties applicable to sales and other transfers of immovable property for valuable consideration is laid down by Article 721 of the General Tax Code, the derogating provisions of Articles 1371 and 1372 of the same Code allow reduced rates to be enjoyed in two distinct and clearly determined cases. Consequently, the purchaser of a building who, having undertaken to occupy it as a dwelling, expressly applied for the reduction of duties provided for by Article 1371 of the General Tax Code cannot rely on the provisions of Article 1372 of the same Code providing for the application of an identical preferential rate for any acquisition of a building used for residential purposes in order to refuse to pay to the registration authority the additional duties claimed following the non-performance of his undertaking.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly comply with the statutory time limits for appeals
• Keep all your supporting documents (title deeds, instruments, correspondence)
• Anticipate: preventive legal advice always costs less than litigation

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.