Reference decision: cc • N° 25-80.482 • 2026-02-17 • View the decision →
This decision provides important insight into your property law rights. Here is what it changes for you.
The situation
According to Article L. 480-17 of the Town Planning Code, relating to visits intended to establish offences, homes and premises containing parts used for residential purposes may only be visited with the consent of the occupant or, failing that, in the presence of a judicial police officer acting in accordance with the provisions of the Code of Criminal Procedure relating to home visits, searches and seizure of evidence. This consent must be recorded in a written declaration in the interested party's own hand. The decision is liable to be quashed where, in order to dismiss the objection of nullity of a bailiff's report of findings and a report recording an offence drawn up by a judicial police officer, it holds that the occupant of the premises, absent during the visit, was contacted by telephone by a gendarme and did not oppose its taking place.
What the law says
This decision confirms the fundamental principles of property law.
Points to note
- Strictly comply with statutory time limits for appeals
- Keep all your supporting documents (deeds, instruments, correspondence)
- Anticipate: preventive advice always costs less than litigation
For an analysis of your situation: a 30-minute consultation at €45 with Maître Zakine.
📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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