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It is for the public prosecutor
Droit Foncier

It is for the public prosecutor

📅 Decision of 23 September 2014🔄 Updated on 4 October 2026⚖️ Cour de cassation👁️ 3 views📖 2 min read

It is for the public prosecutor to establish that the prosecution is not time-barred and for the judges to ascertain when the offences were completed and to determine the starting point of the limitation period. A judgment is liable to be quashed where, in order to convict the defendant of building without planning permission and in breach of the local planning scheme, it dismisses the limitation defence, holding that limitation could not be relied upon since the defendant did not demonstrate the date on which the assorted structures were completed.

Reference decision: Court of Cassation • No. 13-86.053 • 23 September 2014 • View the decision →

This decision provides important clarification of your property law. Here is what it means for you.

The situation

It is for the public prosecutor to establish that the prosecution is not time-barred and for the judges to ascertain when the offences were completed and to determine the starting point of the limitation period. A judgment is liable to be quashed where, in order to convict the defendant of building without planning permission and in breach of the local planning scheme, it dismisses the limitation defence, holding that limitation could not be relied upon since the defendant did not demonstrate the date on which the assorted structures were completed.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • Comply strictly with the legal time limits for bringing proceedings
  • 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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Legal information

  • Number: 13-86.053
  • Court: Cour de cassation
  • Decision of: 23 September 2014

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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