Does not provide a legal basis for its

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 opposition made by a property developer to the notice of recovery of land registration tax from which he had been exempted subject to the condition of constructing a building not used for residential purposes within four years, and states that the development project could not 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 on the orientation of commerce and craft industries, which had modified and restricted the conditions for obtaining the said permit, without examining whether the person concerned could have, by requesting the issue of a town planning certificate, even though its production was not mandatory, 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 (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.