The specifications of a

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

The situation

The specifications of a subdivision, whose scope is limited to the co-owners within the subdivision, are not binding on third parties, who can neither have them invoked against them nor rely on them. It is not for a private individual to seek the demolition of a construction solely on the ground of lack of planning permission. Articles R 111-16, R 111-17 and R 111-21 of the Town Planning Code, which prescribe no objectively defined obligation or prohibition, do not by themselves create town planning easements. Therefore, the judgment must be quashed which, in order to order the demolition of a wall built set back from the boundary separating a subdivision from a neighbouring property, at a distance less than that provided for by the subdivision's specifications, and to order the reconstruction of this structure at the distance fixed by the specifications, holds that the wall was erected without planning permission, in breach of the clauses of the subdivision's specifications, and in violation of the town planning easements defined by Articles R 111-16, R 111-17 and R 111-21 of the Town Planning Code.

What the law says

This decision confirms the fundamental principles of property law.

Key points

• 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.