Does not give a legal basis to its

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

The situation

The court that upholds the objection lodged by a developer to the notice of recovery of the land registration tax from which it had been exempted subject to the condition of constructing a building not designated for residential use within a period of four years, and states that the project had not been able to be carried out as a result of the refusal of planning permission for the planned large-scale retail store, a direct consequence of the promulgation of the Law of 27 December 1973 on the orientation of commerce and craft trades, which had amended and restricted the conditions for obtaining the said permission, does not give a legal basis for its decision, without having investigated whether the person concerned could not, by applying for the issue of a town planning certificate, even though its production was not compulsory, have known the difficulties he was going to encounter and whether the refusal of planning permission was not foreseeable from the very beginning of the operation.

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 supporting documents (title deeds, instruments, correspondence)
• Plan ahead: preventive advice always costs less than litigation

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