Reference decision: cc • No. 89-10.514 • 1990-10-24 • View the decision →
This decision sheds important light on your property law. Here is what it changes for you.
The situation
Under the provisions of Article L. 480-13 of the Town Planning Code, where a building has been erected in accordance with a planning permission, the owner may be held liable by a judicial court for breach of town planning rules or public easements only if, beforehand, the permission has been annulled for excess of power or its illegality established by the administrative court. In application of this provision, a Court of Appeal may not order the demolition of a building without first ascertaining whether the disputed construction complies with the new planning permission, not annulled, granted following the first permission annulled by the administrative court.
What the law says
This decision confirms the fundamental principles of property law.
Key points to remember
- Strictly comply with 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.
📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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