The mere finding of the violation

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

The situation

The mere finding of a knowing violation of a legal or regulatory requirement implies on the part of its perpetrator the criminal intent required by Article 121-3, first paragraph, of the Criminal Code. Such is the case with the carrying out of construction works without prior declaration and in disregard of the requirements of the local land use plan of the municipality by the purchaser of a detached house, and with his continuation of the said works in defiance of the mayor's order requiring their interruption. (1).

What the law says

This decision confirms the fundamental principles of property law.

Key points

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

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