Reference decision: cc • N° 72-90.270 • 1973-03-13 • View the decision →
This decision sheds important light on your property law. Here is what it changes for you.
The situation
The construction of a terrace without planning permission constitutes, in this case, the offence provided for and punishable under Article 103 of the Town Planning Code and justifies the application to persons using the land and to those benefiting from the works of the provisions of Articles 103 and 104 of that Code (1); it is of no consequence that the unlawfully erected construction also encroaches on public land and may have therefore required other administrative authorisations such as a road occupancy permit (2). The requirements of the aforementioned Article 104 were satisfied when an official delegated by the prefect was heard (3).
What the law says
This decision confirms the fundamental principles of property law.
Key points to remember
- Strictly comply with statutory time limits for appeals
- Keep all your supporting documents (title deeds, deeds, correspondence)
- Anticipate: preventive advice is always less expensive than litigation
For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.
📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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