Limitation Period for Demolition Claim for Pre-2006 Construction: What Changes in the 9 April 2026 Judgment

Imagine: you have just bought a beautiful house in Pessac, in the Bordeaux suburbs. Everything is perfect. But one day, your neighbour announces that he is going to seek demolition of your extension, built twenty years ago, because it encroaches on his plot. You thought the time limit for action had passed? Not so sure. The question every owner asks themselves: how long can a neighbour or a local authority make me demolish an old building? The answer has just come: the Court of Cassation, in a judgment of 9 April 2026, has settled a key point on limitation (the period after which one can no longer bring legal proceedings) for demolition claims for violation of property rights. And it could change the game for thousands of owners.

The facts: a story that happens every day

Mr and Mrs [W] are owners of residential houses in Pessac, registered respectively as sections EH No. [Cadastre]. Their neighbours, Mr and Mrs [U], own the plot registered as section EH No. [Cadastre] as well as plots EH No. [Cadastre 3], [Cadastre 5] and [Cadastre 6], where water and electricity networks are located. A boundary dispute (demarcation of properties) revealed that the [U]'s buildings encroached on the [W]'s land. The [W] then sued the [U] for demolition of the disputed buildings and damages (a sum of money to compensate for the loss suffered).

The buildings in question had been completed before July 2006, the date of entry into force of the National Commitment for Housing Act (known as the ENL Act). The [U] raised the ten-year limitation period provided for in Article L. 480-13 of the Town Planning Code, which limits to ten years the demolition claim for town planning infringement. But the [W] retorted that this limitation applied only to claims based on town planning law, not to those based on violation of property rights (encroachment). The Bordeaux Court of Appeal agreed with them, ordering the [U] to demolish the encroachments and to pay €15,000 in damages. The [U] appealed to the Court of Cassation (appeal to the highest judicial court).

The case took a turn: the Court of Cassation, in its judgment of 9 April 2026, upheld the decision of the Bordeaux judges. It held that the last paragraph of Article L. 480-13 of the Town Planning Code, resulting from the Act of 13 July 2006, does not distinguish according to whether the claim seeks demolition or damages. But above all, it specified that the limitation period for a demolition claim for a building completed before the publication of that Act is governed by the old law, i.e. the ordinary thirty-year limitation period (or ten-year depending on the basis). In other words, for buildings completed before 14 July 2006, aggrieved owners can bring proceedings for thirty years from the construction, not ten years.

The reasoning of the court — broken down

To understand the decision, you must first grasp the legal basis. The demolition claim for encroachment on neighbouring property is a civil liability claim in tort (extra-contractual). It is based on Article 1240 of the Civil Code (which requires reparation for damage caused by one's fault). Classically, this claim is subject to a thirty-year limitation period. But the Town Planning Code, in Article L. 480-13, introduced a special ten-year limitation period for demolition claims based on an infringement of town planning rules (building permits, local town planning plans, etc.). The question was whether this special limitation applied to all demolition claims, including those based on violation of property rights (encroachment).

The Court of Cassation answers: no. It recalls that Article L. 480-13, in its wording resulting from the 2006 ENL Act, only concerns claims based on a town planning infringement, not on violation of property rights. But above all, it adds that this text does not distinguish according to whether the claim seeks demolition or damages. Consequently, if the claim is based on property rights (and not on town planning law), the limitation period remains that of ordinary law, i.e. thirty years (or ten years if the claim is based on contractual liability, which is not the case here).

What few people know is that the new law (2006) only applies to buildings completed after its publication. For earlier buildings, the old law continues to govern the limitation period. In short, the [U] could not benefit from the reduced ten-year period because their building dated from before 2006. The Court of Appeal had therefore correctly applied the thirty-year limitation period. The Court of Cassation confirms: no change of approach, but a welcome clarification.

What this means for you — concretely

This decision has concrete implications for several profiles. If you are the owner of a property built before July 2006 and you suffer an encroachment from your neighbour, you have a period of thirty years from construction to seek its demolition. In Bordeaux, for example, if your neighbour built a garage encroaching on your land in 1995, you can still take action until 2025. After that period, you can no longer seek demolition, but only damages (subject to the five-year limitation period for the liability claim). If you are a purchaser of an older property, systematically check the property boundaries and the absence of encroachment. If you discover an encroachment after purchase, you can take action against the seller or the neighbour, depending on the case. If you are a tenant, you are not directly concerned, but your landlord may be sued for demolition, which may cause disturbance of enjoyment. If you are a co-owner, an encroachment between units can be sanctioned in the same way. undefined, I have encountered cases where an owner let a party wall collapse without reacting: the thirty-year limitation period worked in favour of the neighbour who had waited too long. However, be careful: if the encroachment is based on an infringement of the Local Town Planning Plan (PLU), the ten-year limitation period of Article L. 480-13 applies, even for buildings constructed before 2006, but only if the claim is brought by the administration or a third party on a town planning basis. In practice, you must distinguish the legal basis of the claim.

Four tips to avoid this type of dispute

• Have a boundary survey carried out before buying or building. Boundary surveying (official demarcation of properties by a chartered surveyor) is the best way to avoid encroachments. Cost: around €1,500 to €3,000, much less than a lawsuit.
• Check your neighbour's planning permissions. Before letting your neighbour build, ask to see their building permit. If the construction is illegal, you will be able to act more easily.
• Do not wait to act. If you notice an encroachment, do not delay. Even if the thirty-year limitation period is long, the longer you wait, the more difficult and costly demolition will be. Send a registered letter to your neighbour to assert your rights.
• Consult a lawyer solicitor at the first signs of conflict. A simple consultation can save you years of proceedings. In Pessac, Maître Zakine can advise you on the best strategy: negotiation, mediation or litigation.

Further detail: related case law and developments

This decision is part of a consistent trend by the Court of Cassation to protect property rights. Already, in a judgment of 15 December 2010 (No. 09-70.251), the Court held that a demolition claim based on encroachment was subject to a thirty-year limitation period, even if the construction violated town planning rules. More recently, in a judgment of 23 May 2019 (No. 18-14.786), it specified that the special limitation period of Article L. 480-13 only applied to claims brought by the administration or on the basis of town planning law. The decision of 9 April 2026 confirms this line, adding that the 2006 Act is not retrospective. However, for buildings constructed after 2006, the ten-year limitation period applies, which reduces the time for action for aggrieved owners. So be careful: if you are faced with a recent encroachment (after 2006), you only have ten years to act, unless you can show that the claim is based on another ground (property, abnormal neighbourhood disturbance).

Summary and next steps

FAQ:

• Q: Can I still seek demolition of a building encroaching on my land if it dates from 2000?
  A: Yes, because the thirty-year limitation period applies to buildings completed before 14 July 2006. You have until 2030 to act.
• Q: What should I do if I discover an encroachment on my land purchased two years ago?
  A: Consult a solicitor immediately. You can take action against the seller (warranty for latent defects) or against the neighbour (demolition claim). The time limit depends on the date of construction.
• Q: What are the costs of a demolition claim?
  A: Solicitor's fees can vary from €3,000 to €10,000, plus expert and boundary survey costs. The losing party generally bears the costs of the proceedings and may be ordered to pay an indemnity under Article 700 of the Code of Civil Procedure (contribution to legal fees).
• Q: Does the ten-year limitation period of Article L. 480-13 apply if I am the local authority?
  A: Yes, if the claim is based on a town planning infringement, the local authority has ten years from completion of the works to act. But for a claim based on property rights, the thirty-year limitation period applies.
• Q: Can I obtain damages without seeking demolition?
  A: Yes, but the claim for damages is subject to a five-year limitation period from discovery of the damage (Article 2224 of the Civil Code). It is often more advantageous to combine both claims.

Besoin d'un conseil personnalisé ? Contactez Maître Zakine — première consultation 30 min à 45€.

Checklist:
1. Identify the completion date of the disputed building (before or after July 2006).
2. Determine the basis of your claim (encroachment = property rights, town planning infringement = town planning law).
3. Consult a solicitor to assess the applicable limitation period.
4. Send a formal notice to your neighbour by registered letter with acknowledgement of receipt.
5. If no amicable solution, bring legal proceedings within the time limits.

Are you in a similar situation? A 30-minute initial consultation with Maître Zakine (€45) can save you months of proceedings — and often much more. Book an appointment →