Articles 2 and 3 of the Code of Criminal Procedure

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

The situation

Articles 2 and 3 of the Code of Criminal Procedure, applicable to offences against town planning rules, allow any person who alleges damage directly caused by such offences to seek compensation, and the civil action is then admissible for all heads of damage arising from the facts which are the subject of the prosecution. This is the case for neighbours of an industrial establishment, built without permission in an area reserved for residential use, who, due to noise nuisance, suffered damage to their health. (1).

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 bringing an appeal
• Keep all your supporting documents (title deeds, deeds, letters)
• Anticipate: preventive advice always costs less than litigation

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