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Construction Without a Permit: Tacit Permission Does Not Erase the Offence
Droit-foncier

Construction Without a Permit: Tacit Permission Does Not Erase the Offence

📅 Decision of 19 March 1992🔄 Updated on 14 October 2026⚖️ Cour de cassation👁️ 22 views📖 5 min read

The Court of Cassation ruled in 1992 that building without a permit constitutes an offence consummated as soon as work begins, and a tacit permit obtained later cannot erase this offence. A decision that reminds us of the importance of respecting planning laws.

Reference Decision: cc • No. 91-83.290 • 1992-03-19 • View the decision →

You have bought a lovely plot of land in Villefranche-sur-Mer, with a sea view, and you dream of building a villa there. Work begins, but a question gnaws at you: "What if I don't get the planning permission in time?" Rest assured, the law provides for tacit permission if the administration does not respond within the time limits. But be careful: if you start work before obtaining this permission, you commit an offence that does not disappear even if the permission is granted later. This is what the Court of Cassation reminded us in a judgment of 19 March 1992. Analysis.

The Facts: A Story Like Many Others

Mr. X, a property developer, had started the construction of a housing development in the commune of Villefranche-sur-Mer. Without waiting for the planning permission, he had begun the works. He filed an application for an amending planning permission to regularise his situation and relied on a tacit permission obtained due to lack of response within the time limits. But the facts were clear: the works had started without authorisation. The criminal court fined him 800,000 francs (approximately €122,000). Mr. X appealed, arguing that the tacit permission regularised his situation. The Court of Cassation did not follow this argument.

The Reasoning of the Court — Analysed

The Court of Cassation upheld the conviction. It relied on Article L. 421-1 of the French Urban Planning Code (now codified in Articles L. 421-1 et seq.), which provides that any construction must be preceded by a planning permission. The offence is constituted as soon as the works begin without permission. In other words, the offence is consummated at the moment the first stone is laid. However, a tacit permission obtained later, even if valid, cannot erase an offence already committed. This is the principle of the anteriority of the offence. The judges also rejected the argument that the amending permission sought would have regularised the situation. In short, you cannot build first and ask for permission afterwards.

What This Means for You — Practically

This decision has important practical implications. For a landlord in Menton, for example, if you start major renovation works without permission, you risk a fine of up to €300,000 and a prison sentence (6 months for repeat offenders). And if you obtain a tacit permission during the works, it does not exonerate you. For a buyer, check that the seller has obtained all permissions before purchasing. If you are a tenant and your landlord builds without permission, you can report the works to the town hall. undefined, I have come across cases where owners thought they could regularise afterwards: they had to demolish the construction at their own expense. Do not take this risk.

Four Tips to Avoid This Type of Dispute

  • Wait for the permission before starting work: even if the administration is slow, do not start before having written authorisation.
  • Submit your application to the town hall sufficiently early: allow at least 2 months for a single-family house, 3 months for a block of flats.
  • Keep all receipts of submission: they prove the date of your application, useful in case of dispute.
  • If in doubt, consult a lawyer lawyer: a simple check can save you years of proceedings.

Besoin d'un conseil personnalisé ? Contactez Maître Zakine — première consultation 30 min à 45€.

This decision is part of consistent case law. As early as 1984, the Court of Cassation had ruled that a planning permission obtained after the start of works does not cover the offence (Crim., 15 May 1984). Today, the courts are even stricter: they require that the permission be obtained before the commencement of works. The trend is towards increased repression of illegal constructions, especially in sensitive areas such as the Mediterranean coast. In the future, expect more frequent checks by planning departments.

In Practice: What to Do

FAQ:
Can I start work if I have submitted my application? No, you must wait for the written approval or the two-month period (for a single-family house) without a negative response.
What if I have already built without permission? Consult a lawyer immediately. You can file a regularisation application, but be aware that the offence remains punishable. It is better to negotiate a settlement with the town hall.
What is the limitation period? The criminal prosecution for construction without a permit is time-barred after 6 years from the completion of the works.
Can I sell a property built without permission? Yes, but the seller must inform the buyer, otherwise he may be liable for hidden defects.

Are you in a similar situation? An initial 30-minute consultation with Maître Zakine (€45) can save you months of proceedings — and often much more. Book an appointment →

📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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Legal information

  • Number: 91-83.290
  • Court: Cour de cassation
  • Decision of: 19 March 1992

Keywords

construction sans permispermis taciteinfraction urbanismeCour de cassation 1992délit urbanisme

Practical use cases

1

Owner in Villefranche-sur-Mer starting work without a permit

Mr. Dupont, owner of a plot in Villefranche-sur-Mer, starts building a villa without waiting for the permit. He obtains a tacit permit 3 months later, but the town hall prosecutes him.

Practical application:

The offence is constituted from the start of works. Mr. Dupont risks a fine and an obligation to demolish. He must consult a lawyer to negotiate a settlement or defend his interests.

2

Developer in Menton carrying out a building without an amending permit

A property development company in Menton modifies the initial project without applying for an amending permit. The works progress, then it files a regularisation application.

Practical application:

The company is in breach. The amending permit obtained after the start of modifications does not erase the offence. It risks a fine and a stop-work order. It is better to suspend works and regularise before continuing.

3

Buyer of a property built without a permit in Nice

Mrs. Martin buys a flat in Nice. After the sale, she discovers that major works were carried out without a permit by the previous owner.

Practical application:

Mrs. Martin can take action against the seller for hidden defects. She must also regularise the situation with the town hall, otherwise she may have to demolish. A lawyer will help her assess her options.

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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