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Given a building presenting a
Droit Foncier

Given a building presenting a

📅 Decision of 23 February 1988🔄 Updated on 15 October 2026⚖️ Cour de cassation👁️ 30 views📖 2 min read

Given a building presenting a serious and imminent danger, and the mayor having ordered, not its total demolition, but only that of one of its dangerous elements, it is rightly that a court of appeal considers that this mayor acted within the framework of the provisions of Article L. 511-3 of the French Construction and Housing Code, and not those of Articles L. 511-1 and L. 511-2, and that he had not committed an unlawful act.

Reference decision: cc • No. 86-13.964 • 1988-02-23 • View the decision →

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

The situation

Given a building presenting a serious and imminent danger, and the mayor having ordered, not its total demolition, but only that of one of its dangerous elements, it is rightly that a court of appeal considers that this mayor acted within the framework of the provisions of Article L. 511-3 of the French Construction and Housing Code, and not those of Articles L. 511-1 and L. 511-2, and that he had not committed an unlawful act.

What the law says

This decision confirms the fundamental principles of property law.

Key points

  • 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-min 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: 86-13.964
  • Court: Cour de cassation
  • Decision of: 23 February 1988

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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