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Judges may not, without exceeding
Droit Foncier

Judges may not, without exceeding

📅 Decision of 18 May 2005🔄 Updated on 17 October 2026⚖️ Cour de cassation👁️ 24 views📖 2 min read

Judges may not, without exceeding their powers, impose any penalties or measures other than those provided for by law. Consequently, a judgment which, after having found the defendant guilty of continuing works notwithstanding an order requiring their interruption, an offence provided for by Article L. 480-3 of the Town Planning Code, orders the demolition of the unlawfully erected structure, whereas Article L. 480-5 of the said Code gives the court the power to order the demolition of structures in the event of a conviction for the offences provided for in Articles L. 160-1 and L. 480-4, is liable to be quashed.

Reference decision: Court of Cassation • No. 04-84.950 • 18 May 2005 • View the decision →

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

The situation

Judges may not, without exceeding their powers, impose any penalties or measures other than those provided for by law. Consequently, a judgment which, after having found the defendant guilty of continuing works notwithstanding an order requiring their interruption, an offence provided for by Article L. 480-3 of the Town Planning Code, orders the demolition of the unlawfully erected structure, whereas Article L. 480-5 of the said Code gives the court the power to order the demolition of structures in the event of a conviction for the offences provided for in Articles L. 160-1 and L. 480-4, is liable to be quashed.

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

  • 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-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: 04-84.950
  • Court: Cour de cassation
  • Decision of: 18 May 2005

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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