Private individuals unable to invoke

This decision provides important insight into your property rights. Here is what it changes for you.

The situation

Private individuals may invoke before the courts of ordinary jurisdiction a breach of planning rules, even where the administrative court has pronounced the annulment of planning permission, only if they establish the existence of personal loss directly connected with the breach and not with the mere presence of the buildings whose planning permission has been annulled; a court of appeal which finds that the loss resulting from the irregularity of the construction was non-existent legally justifies its decision by dismissing the claimants' demolition action.

What the law says

This decision confirms the fundamental principles of property law.

Points to remember

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

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