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Constitutes a construction within the meaning of
Droit Foncier

Constitutes a construction within the meaning of

📅 Decision of 27 August 2026🔄 Updated on 11 October 2026⚖️ Cour de cassation👁️ 16 views📖 2 min read

A structure erected on a restaurant terrace, consisting of a timber frame bolted to the ground, laterally supporting glazed panels and surmounted by a fibreglass roof, constitutes a construction within the meaning of article 84 of the Town Planning Code (1).

Reference decision: cc • No. 70-92.576 • 1971-10-12 • Consult the decision →

This decision sheds important light on your property law. Here is what it changes for you.

The situation

A structure erected on a restaurant terrace, consisting of a timber frame bolted to the ground, laterally supporting glazed panels and surmounted by a fibreglass roof, constitutes a construction within the meaning of article 84 of the Town Planning Code (1).

What the law says

This decision confirms the fundamental principles of property law.

Points to remember

  • Strictly comply with the statutory time limits for appeals
  • Keep all your supporting documents (title deeds, deeds, 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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Legal information

  • Number: 70-92.576
  • Court: Cour de cassation

Keywords

droit immobilierjurisprudencefoncier
Maître Cécile Zakine

About the author

Maître Cécile Zakine — Lawyer at the Alpes-Maritimes Bar, Doctor of Law. Every article in this magazine is based on the analysis of a real court decision, commented and put into perspective by Maître Zakine’s team.

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Disclaimer: The analysis presented on this site is for informational purposes only and does not constitute personalised legal advice. For advice tailored to your situation, contact a qualified lawyer.

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