Judges may not, without exceeding

This decision sheds important light on your property law. Here is what it changes for you.

The situation

Judges may not, without exceeding their powers, impose any penalties or measures other than those provided for by law. Consequently, a judgment which, after having found the defendant guilty of continuing works notwithstanding an order requiring their interruption, an offence provided for by Article L. 480-3 of the Town Planning Code, orders the demolition of the unlawfully erected structure, whereas Article L. 480-5 of the said Code gives the court the power to order the demolition of structures in the event of a conviction for the offences provided for in Articles L. 160-1 and L. 480-4, is liable to be quashed.

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

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

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