Does not provide a legal basis for its

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

The situation

The court does not give a legal basis for its decision where it upholds the objection made by a developer to the notice of assessment of the land registration tax from which he had been exempted subject to the condition of constructing a non-residential building within a period of four years, and states that the project had been unable to proceed because of the refusal of planning permission for the planned large retail store, a direct consequence of the enactment of the Law of 27 December 1973 on the orientation of commerce and craft trades, which had modified and restricted the conditions for obtaining the said permission, without examining whether the person concerned could not, by applying for the issue of a town planning certificate, even if its production was not mandatory, have become aware of the difficulties he would encounter and whether the refusal of planning permission was not foreseeable from the outset of the operation.

What the law says

This decision confirms the fundamental principles of property law.

Points to remember

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

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