The criminal judge has a duty

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

The situation

The criminal judge has a duty to assess the lawfulness of an individual administrative act whose breach is legally sanctioned (1). Furthermore, where a special statute confers the power on the judge, and to the extent of that grant, the judge may interpret that act (2). This is the case with Article L. 316-4, paragraph 3, of the Town Planning Code, which confers jurisdiction on the criminal judge to determine whether the defendant has failed to comply with the requirements imposed by the subdivision permit.

What the law says

This decision confirms the fundamental principles of property law.

Key points

• Strictly comply with the statutory time limits for bringing an appeal.
• Keep all your supporting documents (title deeds, deeds, correspondence).
• Plan ahead: preventive advice always costs less than litigation.

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