Limitation Period for Planning Offences: The Starting Point That Changes Everything

You have just bought a lovely new flat in Saint-Vincent-de-Tyrosse, in a development that promised shops on the ground floor and flats upstairs. But here's the thing: the storerooms planned in the planning permission have been converted into storage areas, the partition walls have been moved, and you wonder whether everything is compliant. What is more: the developer delivered the shops three years ago, but the flats have only just been completed. Has the time limit for taking action already expired? This question, which may seem technical, is nevertheless crucial for hundreds of owners and tenants. The French Supreme Court answered it in a judgment of 6 October 1987 (No. 86-96.174) which sets the starting point of the limitation period not at the end of each phase, but at the completion of all the works authorised by the planning permission. In short, if you wait until the end of the site to check compliance, you still have time to act.

The Facts: A Story That Happens Every Day

Imagine Mr X, an owner in Saint-Vincent-de-Tyrosse, who bought a flat in a development that also included commercial premises. The planning permission, granted in 1980, provided for storerooms attached to each flat. But on delivery, Mr X notices that the storerooms have been converted into storage areas, with significant partitions and fittings. He wonders: are these works in accordance with the planning permission? The developer, for his part, claims that the construction is physically compliant and that, in any event, the time to challenge it has passed. Indeed, the shops were completed in 1982 and the flats in 1985. According to the developer, the limitation period (the period after which you can no longer take legal action) for the offence against the planning conditions began to run from the completion of the shops. Mr X, on the other hand, argues that the planning permission formed a single project, and that the limitation period only runs from the completion of all the works, i.e. 1985. The case goes up to the Supreme Court, which must decide: when does the limitation period start for a planning offence in a mixed-use development built in several phases?

The Court's Reasoning — Analysed

The French Supreme Court, in its judgment of 6 October 1987, ruled in favour of Mr X. It quashed the Court of Appeal's decision which had held that the claim was time-barred. Its reasoning is as follows: the planning permission was granted for a single development, comprising both a residential part and a commercial part. These two parts were built successively, but they constitute an indivisible whole as far as the planning permission is concerned. Consequently, the offence against the planning conditions (here, the conversion of storerooms into storage areas) can only be established upon completion of all the works. In other words, the starting point of the limitation period (10 years for planning offences at the time) only runs from the date of completion of the last part of the development. The Court also rejected the developer's argument that the construction was physically compliant: the conversion of the storerooms into storage areas, with significant partitioning and fitting works, constitutes an offence against the planning conditions, because the storerooms were planned as such. What few people know is that this decision is part of a logic of protecting the right to a built environment that complies with authorisations. It confirms that the planning permission is a whole, and that the developer cannot artificially split the project to start the limitation period earlier. However, be careful: this solution assumes that the planning permission is indeed single and that the works are planned as part of the same project. If each phase is the subject of a separate planning permission, the starting point will be the completion date of each phase.

What This Means for You — Practically

This decision has very concrete implications for owners, tenants and property professionals. For the landlord owner: if you buy a unit in a mixed-use development, you can check compliance until the whole development is completed. For example, in Mimizan, a development comprising a hotel and tourist residences: if the hotel is delivered in 2023 but the residences in 2025, you have until 2035 to act in case of non-compliance of the residences. For the tenant: you can report anomalies (such as a commercial premises converted into a flat without permission) even if the commercial part has been completed for a long time, as long as the whole development is not finished. For the buyer: before signing, ask for the planning permission and the certificate of compliance. If the developer argues that the claim is time-barred, you now know that the period only runs at the end of all works. For the co-owner: in the event of modification works in the common parts, check whether they are covered by a single planning permission. If so, the limitation period is postponed. undefined, I have come across cases where co-owners in Saint-Vincent-de-Tyrosse were able to obtain the reinstatement of car parks converted into cellars, because the planning permission also covered the neighbouring shops, which were not yet completed. If you are in this situation, you must act quickly: the limitation period is 10 years for planning offences (reduced to 6 years since the ALUR law of 2014 for demolition actions). But note that the starting point remains that set by this judgment.

Four Tips to Avoid This Type of Dispute

• Check the planning permission upon acquisition: ask the seller or developer for a copy of the planning permission and the certificate of compliance. Compare with the actual state of the property. If differences appear, consult a lawyer before the end of the works.
• Do not sign a final discharge without reservations: upon delivery of your property, make written reservations about any non-compliance with the planning permission. This interrupts the limitation period and gives you time to act.
• Keep all documents: planning permission, plans, correspondence with the developer, bailiff's reports. Proof of the completion date is crucial: a certificate of compliance or a handover report is evidence.
• Act without waiting for the completion of the whole development: even if the starting point is postponed, the longer you wait, the harder it is to prove the facts. As soon as you notice an offence, have it recorded by a bailiff and consult a lawyer specialising in property law.

Further Reading: Related Case Law and Developments

This 1987 judgment is not an isolated case. The Supreme Court confirmed this solution in a judgment of 13 January 1993 (No. 91-10.875), where it held that the limitation period for an action for demolition of a building erected without planning permission only runs from the complete completion of the structure, even if it was built in several phases. On the other hand, a judgment of 21 October 2009 (No. 08-18.951) clarified that if the planning permission authorises works in several distinct and independent phases, the limitation period runs from the completion of each phase. The trend of the courts is therefore to protect litigants against overly rapid limitation periods, but by requiring that the project is genuinely unitary. What this means for the future: if you are faced with a dispute, you will need to demonstrate that the planning permission provided for a functionally and physically linked whole, and not a mere juxtaposition of projects. The judges look at the purpose of the premises, common accesses, shared facilities.

Key Points to Remember

• What is the starting point of the limitation period for a planning offence? For a single development, it is the date of completion of all the works, even if the parts are built successively.
• What is the limitation period? 10 years for offences prior to 2014, 6 years since the ALUR law for demolition actions.
• What if the developer argues that the claim is time-barred? Check whether the planning permission is single and whether the works are completed. If not, the limitation period has not started.
• Can I act if the commercial part is completed but not the flats? Yes, as long as the whole development is not finished, you can challenge the non-compliance of the flats.
• What are the risks if I do not act? You lose any right to obtain reinstatement or damages. The limitation period is a cut-off period.

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