Jurisprudence immobilière : analyse et conseils pratiques

Application pratique:

The 1964 Cour de cassation decision (Crim., 15 January 1964) holds that this type of planning offence is committed throughout the whole period of the works. The limitation period (the deadline after which prosecution is no longer possible) only starts to run once the works are finished. Mme Laurent can therefore still act. She should photograph the site with dated pictures, write to the mairie (town hall) planning department asking for an inspection report (procès-verbal), and, if needed, consult a property lawyer about a complaint or a civil claim. She should not wait for completion, since evidence is easier to gather while works are in progress.

Application pratique:

Under this case law, the limitation period for a planning offence does not run from the first day of the works, but only from their completion. It is therefore necessary to establish exactly when the veranda was finished before accepting the seller's argument, and the position may be less favourable than claimed. M. Benoît should ask for the dates of the works, invoices and photographs, check the planning file at the mairie, and ask the notary to include a specific condition or price reduction. If the situation is unclear, he should delay signing until a lawyer has assessed the risk of an order to restore the property to its original state.

Application pratique:

The decision shows that the offence lasts for as long as the works are carried out, and that the limitation period starts only when they are completed, so counting from March 2022 would be wrong. Mme Moreau should establish the exact completion date from the final invoice, the handover report and any photographs, as this date is the real starting point. She should not rely on a presumed expiry of the deadline before the mairie or a tenant raises the issue. A prompt voluntary regularisation (a retrospective planning application) with legal advice is usually the safest way to limit the risk of a fine or a demolition order, and avoids problems when letting or selling the property.