Offences relating to carrying out works

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

The situation

Offences of carrying out works without prior declaration and in breach of the local planning scheme are committed throughout the duration of the works and until their completion, and the limitation period for prosecution only begins to run from the day on which the installations are in a state to be used for the purpose for which they are intended. The Court of Appeal is liable to be quashed where, in order to dismiss the plea of limitation raised, it holds that the acts complained of are continuing offences whose effects are prolonged by the defendant's reaffirmed intention not to comply with the applicable regulatory provisions, whereas it ought to have considered whether, at the date of the first act interrupting the limitation period, the structure had, for three years, been in a state to be used for the purpose for which it was intended.

What the law says

This decision confirms the fundamental principles of property law.

Points to remember

• Scrupulously comply with statutory time limits for appeals
• Keep all your supporting documents (title deeds, deeds, correspondence)
• Anticipate: preventive advice is always less costly than litigation

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