Reference decision: cc • No. 79-15.787 • 1981-03-23 • View the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
Does not provide a legal basis for its decision, the court which allows the objection brought by a property developer to the notice of assessment for 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 not been able to be carried out as a result 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 relating to the orientation of commerce and craft industries, which had amended and restricted the conditions for obtaining the said permit, without examining whether the interested party could not have, by applying for the issue of a planning certificate, even though its production was not compulsory, known the difficulties he was going to 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.
Key points
- Strictly comply with the statutory time limits for appeals
- Keep all your supporting documents (title deeds, instruments, correspondence)
- Anticipate: preventive advice always costs less than litigation
For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.
📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
→ Prendre RDV pour une consultation servitudes |
→ Browse all our legal articles
