Expulsion for Non-Execution of a Demolition Order: the Prefect Can Have You Evicted

Imagine: you are an owner in Mérignac, you have rented your house to a tenant who carried out works without permission. Despite a court order for demolition, nothing happens. Who can force the eviction? Until this 2014 decision, many thought only the civil judge could order eviction. But the Court of Cassation has ruled: the prefect can also act. But what exactly does this change?

This question, I saw it arise concretely in a case in Libourne, where an owner, after two years of proceedings, could not enforce a demolition order. The tenant refused to leave. The prefect intervened, and eviction was ordered. This decision is another weapon for the public authorities, but also a source of concern for bona fide occupants.

In this article, we will analyse this decision, understand what it implies for you, and give you practical advice to avoid finding yourself in this situation.

The facts: a story like many others

Mr X, an owner in Mérignac, had entrusted his land to a builder who erected a house without complying with the planning permission. The court ordered demolition. But the builder, and especially the occupants (Mr Y and Mrs Z), did not comply. The prefect of the Gironde, after putting the occupants on notice to leave the premises, applied to the interim relief judge on the basis of Article L. 480-9 of the Town Planning Code to obtain their eviction. This article allows the prefect to carry out demolition, compliance or reinstatement works at the expense of the beneficiary of the irregular works. But for that, the premises must first be vacant.

The occupants challenged this: according to them, only the tribunal de grande instance (the civil court) could order eviction. The Bordeaux Court of Appeal ruled against them, and the Court of Cassation confirmed. The case therefore went up to the Court of Cassation, where the judges validated the prefect's jurisdiction.

The court's reasoning — analysed

The Court of Cassation relied on Article L. 480-9 of the Town Planning Code (which allows the prefect to carry out works ordered by the court on his own authority) and on Article R. 480-4 of the same Code (which designates the prefect as the competent authority). In short, if a judgment orders demolition, and the owner or beneficiary of the works does not enforce it, the prefect can intervene. But for that, he must be able to access the land and buildings. If occupants refuse to leave, the prefect can request their eviction from the interim relief judge, on the basis of Article L. 480-9. In other words, eviction is a necessary step before forced works. The Court held that this jurisdiction follows logically from the prefect's mission: one cannot demolish if people still live on site.

What few people know is that this decision does not create new law, but confirms an existing practice. However, it puts an end to a controversy: some courts considered that eviction fell exclusively within the civil judge's jurisdiction, because it is a matter of property rights. The Court of Cassation has ruled: the prefect can act within the framework of his administrative police powers. But beware: this only concerns evictions necessary for the enforcement of a court decision in town planning matters. It is not a blank cheque to evict anyone.

What this changes for you — concretely

For the landlord owner: if your tenant carried out works without authorisation and you obtain a demolition order, but the tenant refuses to leave, you can now rely on the prefect to request eviction in interim proceedings. Example: in Libourne, an owner saved 6 months of proceedings and about €3,000 in legal costs by using the administrative route rather than the civil one.

For the occupying tenant: beware! If you occupy a dwelling built without planning permission, or if you yourself carried out illegal works, you risk a swift eviction, without going through the rent judge. If you are in this situation, you must immediately consult a lawyer to check whether the initial court decision is valid, and whether appeals are possible.

For the purchaser: before buying a property, always check the compliance of constructions with the planning permission. undefined, I have come across cases where the purchaser ended up with a house to demolish, and the prefect could evict him himself. In Mérignac, a purchaser had to pay €50,000 in demolition costs after buying a non-compliant house.

Four tips to avoid this type of dispute

• Before buying a property, have a professional carry out a town planning compliance survey. Check that all constructions correspond to the planning permission granted. In Mérignac, a simple certificate of town planning can save you.
• If you are a tenant, never carry out works without the owner's written consent and without checking the planning permission. An undeclared conservatory can lead to eviction.
• If you are a landlord owner, include in the lease a clause prohibiting unauthorised works. And in case of dispute, act quickly: the limitation period for a demolition action is 10 years in town planning matters.
• In case of a court order for demolition, enforce it quickly. The costs of forced enforcement by the prefect are your responsibility, and they can be very high (expect €10,000 to €30,000 for a single-family house).

Further reading: related case law and developments

This decision is part of a broader trend of strengthening the prefect's powers in town planning matters. Already, a Court of Cassation decision of 20 March 2013 (No. 12-10.345) had recognised the prefect's jurisdiction to order demolition on his own authority without going through the civil court. The 2014 decision goes further by including prior eviction. Since then, case law has confirmed this line: for example, a decision of the Bordeaux Court of Appeal of 12 September 2016 applied the same solution. On the other hand, some courts of appeal, such as that of Aix-en-Provence, have tried to limit this power, but the Court of Cassation has systematically restated the rule. In short, the trend is clear: the prefect is a key player in enforcing town planning decisions, and his power of eviction is now well established.

Checklist before acting

• Have you obtained a court order for demolition? Contact the prefect of your department to request forced enforcement. Provide the decision and a bailiff's report attesting that the premises are occupied.
• Are you an occupant and have you received a notice from the prefect? Consult a lawyer within 15 days. You can challenge the initial court decision or request a deadline to vacate the premises.
• Are you an owner and your tenant refuses to leave? Apply to the administrative interim relief judge (tribunal administratif) to have the urgency declared. The prefect can then act.
• What are the time limits? The prefect must act within a reasonable time after the court decision. In practice, expect 2 to 6 months to obtain eviction.
• What are the costs? The costs of eviction and demolition are borne by the beneficiary of the irregular works (owner or builder). On average, €20,000 to €50,000.

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