Does not give a legal basis to its

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

The situation

The court, which upholds the opposition filed by a property developer against the notice of recovery of the land registration tax from which he had been exempted on condition of constructing a non-residential building within four years, and states that the project could not be completed due to the refusal of the building permit 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 altered and restricted the conditions for obtaining said permit, does not give a legal basis to its decision, without examining whether the interested party could have known, by applying for the issuance of a planning certificate, even if its production was not mandatory, the difficulties he was going to encounter, and whether the refusal of the building permit was foreseeable from the outset of the operation.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Scrupulously respect 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.