For assessing the concepts

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

The situation

To assess the concepts of dwelling within the meaning of Decree No. 72-533 of 29 June 1972, reference should be made to Article L. 421-1 of the Town Planning Code, under which anyone wishing to undertake or erect a construction, whether for residential use or not, even without foundations, must first obtain planning permission. Since it was established that, set on blocks, the caravan acquired by a couple was installed permanently on land they owned, the judges were entitled to decide that, given the loss of all means of mobility and because of its fixed nature, this accommodation could not be regarded as a caravan within the meaning of Article R. 443-1 of the Construction and Housing Code, but as a lightweight house falling within the scope of the aforementioned Article L. 421-1, irrespective of whether the certificate of conformity had actually been obtained, since compliance with the sanitary conditions of this accommodation was not disputed; it therefore gave rise to entitlement to housing benefit, the essential purpose of which is to help families to be housed in satisfactory conditions, subject to the interested parties providing evidence of their income conditions.

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 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.