The derogatory regime provided for by

This decision provides important clarification on your property law. Here is what it changes for you.

The situation

The derogatory regime provided for by Article 710 of the General Tax Code, independent of that provided for by Article 1115 of the same Code in favour of property dealers, is not applicable as of right, and cannot benefit a taxpayer who has not from the outset entered into the undertaking not to use the property for any purpose other than residential for three years, and the administrative doctrine formally accepted by the tax authorities, in this matter, when relied upon by the taxpayer, must be interpreted as authorising the declaration of undertaking by separate instrument within the limits provided for by the administrative instructions in question, that is to say within the time limit for claims running from the acquisition instrument.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

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

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