Derogatory authorisations to the

This decision provides important insight into your real estate law. Here is what it changes for you.

The situation

Derogatory authorisations from the clauses of the subdivision regulations which the developer had reserved the right to grant may no longer be granted, after the death of the developer or of his universal successor or successor by universal title, except under the conditions provided for in Articles 38 to 40 of the Law of 30 December 1967, which became Articles L. 315-3 and L. 314-4 of the Town Planning Code. In particular, it is not for the trial judges to substitute their own will and assessment for that of the deceased developer.

What the law says

This decision confirms the fundamental principles of property law.

Key points

• Strictly comply with the statutory time limits for bringing an action
• Keep all your supporting documents (title deeds, documents, letters)
• Plan ahead: preventive advice always costs less than litigation

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.