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Offences relating to carrying out works
Droit Foncier

Offences relating to carrying out works

📅 Decision of 27 May 2014🔄 Updated on 17 October 2026⚖️ Cour de cassation👁️ 19 views📖 2 min read

Offences of carrying out works without prior declaration and in breach of the local planning scheme are committed throughout the duration of the works and until their completion, and the limitation period for prosecution only begins to run from the day on which the installations are in a state to be used for the purpose for which they are intended. The Court of Appeal is liable to be quashed where, in order to dismiss the plea of limitation raised, it holds that the acts complained of are continuing offences whose effects are prolonged by the defendant's reaffirmed intention not to comply with the applicable regulatory provisions, whereas it ought to have considered whether, at the date of the first act interrupting the limitation period, the structure had, for three years, been in a state to be used for the purpose for which it was intended.

Reference decision: cc • No. 13-80.574 • 27 May 2014 • View the decision →

This decision provides important clarification on your property law. Here is what it changes for you.

The situation

Offences of carrying out works without prior declaration and in breach of the local planning scheme are committed throughout the duration of the works and until their completion, and the limitation period for prosecution only begins to run from the day on which the installations are in a state to be used for the purpose for which they are intended. The Court of Appeal is liable to be quashed where, in order to dismiss the plea of limitation raised, it holds that the acts complained of are continuing offences whose effects are prolonged by the defendant's reaffirmed intention not to comply with the applicable regulatory provisions, whereas it ought to have considered whether, at the date of the first act interrupting the limitation period, the structure had, for three years, been in a state to be used for the purpose for which it was intended.

What the law says

This decision confirms the fundamental principles of property law.

Points to remember

  • Scrupulously comply with statutory time limits for appeals
  • Keep all your supporting documents (title deeds, deeds, correspondence)
  • Anticipate: preventive advice is always less costly 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: 13-80.574
  • Court: Cour de cassation
  • Decision of: 27 May 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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