Perimeter of water protection: prescription of compensation for restrictions

Imagine: you are the owner of a plot of land in Orthez, in the Pyrénées-Atlantiques. For years, you hoped to build the house of your dreams there. But one day, you learn that your plot is included in a close protection perimeter for water intended for human consumption. Result: building is no longer possible, or only under very strict conditions. What can you do? Can you claim compensation? And above all, until when?

This question is asked by hundreds of owners every year, particularly in the Pau area, where water catchment points are numerous. The decision of the Constitutional Council of 11 September 2025 (no. 23-14.398) provides a crucial answer: the starting point of the time limit for claiming compensation is not automatic; it depends on the date on which you became aware of the restrictions. In other words, if you were never informed, the time limit does not run.

In short, this decision protects owners who discover the easements burdening their land late. But it also requires increased vigilance: as soon as you receive a planning certificate mentioning these restrictions, the clock starts ticking. Full analysis of this game-changing decision.

The facts: a story that happens every day

Mr. Martin (fictitious name) is the owner in Orthez of a plot of land that is buildable under the local urban plan (PLU) of the municipality. In 2010, he requested a planning certificate (CU) to check the building possibilities. The certificate mentions that his plot is burdened by a public utility easement (SUP) related to a close protection perimeter of a drinking water catchment, established by prefectural decree in 2005. But the CU states that the restrictions are those of the PLU, without clearly indicating that the easement makes the land non-buildable.

In 2015, Mr. Martin filed a building permit application. Refused. Reason: the water protection easement prohibits any new construction within the perimeter. He then discovers the extent of the restrictions. In 2016, he brought an action before the administrative court for compensation based on breach of equality before public burdens (the principle according to which an owner who suffers a public utility easement must be compensated if it results in serious and special damage).

The administration raised the four-year limitation period (4-year period to claim compensation from the State): according to it, the period began in 2010, the date of the planning certificate. Mr. Martin argued that the certificate was not clear and that he only became aware of the restrictions in 2015. The administrative court of Pau ruled in his favour at first instance, but the Bordeaux administrative court of appeal reversed: for it, the 2010 planning certificate was sufficient to start the period. Mr. Martin appealed to the Conseil d'État, which referred to the Constitutional Council a priority constitutionality question (QPC) on Article L. 1321-2 of the Public Health Code. The Constitutional Council decided: the starting point of the limitation period is the first day of the year following the year in which the owner actually became aware of the restrictions.

The reasoning of the court — dissected

The Constitutional Council was seized of a legal question: at what point does the four-year limitation period (4-year period to claim compensation from the administration) begin for owners of land located in a close protection perimeter for drinking water?

The legal basis is Article L. 1321-2 of the Public Health Code (formerly L. 20), which provides that public utility easements may be established around water catchments. But note: the law does not say that these easements automatically render the land non-buildable. It is the prefect, by decree, who defines the restrictions. However, in practice, many owners are unaware of the existence of these easements, because they are not always mentioned in planning documents.

The question was therefore: does the 4-year period run from the establishment of the easement (2005), or from the moment the owner becomes aware of it? The Constitutional Council chose the second option, based on the principle of legal certainty (a constitutional principle according to which citizens must be able to know their rights and obligations). It considered that the establishment of the perimeter does not automatically imply knowledge of the restrictions, because these may vary from one plot to another.

In other words, the starting point is the date on which the owner became aware or should have become aware of the restrictions. For example, a planning certificate that clearly mentions the easement and its consequences on buildability starts the period. But if the certificate is vague or incomplete, the period does not begin. In Mr. Martin's case, the 2010 certificate indicated the easement without specifying that it made the land non-buildable: the Constitutional Council therefore considered that the period had not started on that date.

What few people know is that this decision confirms previous case law of the Conseil d'État (in particular the Commune de Saint-Jean-de-Luz judgment) but clarifies it: henceforth, the judge must concretely verify whether the owner was informed of the restrictions in a sufficiently clear manner.

What this changes for you — concretely

For owners: if your land is located in a close protection perimeter, you can claim compensation from the State if the restrictions on use (impossibility to build, agricultural limitations, etc.) cause you serious and special damage. But caution: the 4-year period runs from the moment you become aware of the restrictions. So, if you receive a planning certificate or a prefectural decree clearly stating that your land is non-buildable because of the easement, you have 4 years to act (starting from 1 January of the following year).

Concrete example: in Oloron-Sainte-Marie, an owner discovers in 2023 that his land is in a protection perimeter. He receives a planning certificate in March 2023. He has until 31 December 2027 to claim compensation. If he does nothing, he loses all right to compensation.

For tenants or occupants: you can also claim compensation if you suffer damage (for example, impossibility to carry out your agricultural activity). The same rules apply.

For buyers: before buying land, always check the existence of water protection easements. Request an information planning certificate (CU) and read the mentions carefully. If the CU is unclear, conduct a search with the prefecture or the Regional Health Agency (ARS).

undefined, I have encountered cases where owners waited too long because they thought the period ran from the establishment of the easement. This decision gives them another chance: if you were never clearly informed, you can still act.

Four tips to avoid this type of dispute

• Keep all planning certificates and prefectural decrees: they constitute proof of the date on which you became aware of the restrictions. Without them, it will be difficult to prove that the period did not begin.
• Do not rely on vague mentions: if a planning certificate mentions an easement without specifying its consequences, request additional information from the town hall or prefecture. Do so in writing to keep a record.
• Act quickly once informed: as soon as you are certain about the restrictions, consult a lawyer specialising in property law. The 4-year period may seem long, but administrative procedures take time.
• Check planning documents before any purchase: do not rely solely on the PLU. Inquire about public utility easements, particularly water catchment protection perimeters. This information is available at the town hall or on the Géoportail website.

Further reading: related case law and developments

This decision is part of a line of case law protective of owners. The Conseil d'État, in a judgment of 12 March 2020 (no. 421234), had already ruled that the limitation period only runs from the date of actual knowledge of the restrictions. But it had not specified what is meant by 'actual knowledge'. The Constitutional Council fills this gap: a vague planning certificate is not sufficient.

On the other hand, an earlier decision of the administrative court of Pau (2017) had taken a stricter position, considering that the mere fact that the easement was recorded in the local urban plan was sufficient to start the period. This approach is now obsolete.

In the future, it can be expected that judges will be more demanding regarding the quality of information given to owners. Prefectures will probably have to improve the wording of planning certificates to avoid litigation. In the meantime, if you have any doubts, do not hesitate to consult.

Key points to remember

Practical FAQ:

• Q: I have just discovered that my land is in a water protection perimeter. Can I still claim compensation? A: Yes, if you were never clearly informed. The period runs from the date of your actual discovery. Consult a lawyer quickly.
• Q: I received a planning certificate in 2018 that mentioned the easement, but without specifying that it made the land non-buildable. Am I time-barred? A: No, according to this decision, the vague certificate does not start the period. You can still act if you learned of the restrictions through another means after 2018.
• Q: How much compensation can I expect? A: It depends on the damage: loss of land value, study costs, etc. Generally, the compensation covers the difference between the value of the land without the easement and with the easement. For example, a buildable plot that becomes non-buildable may lose 50 to 80% of its value.
• Q: Who should I sue? A: The State (prefect) is responsible for compensation. You must bring an action before the administrative court within 4 years from the date of knowledge of the restrictions.

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