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Does not constitute the reference date
Droit Foncier

Does not constitute the reference date

📅 Decision of 28 January 2009🔄 Updated on 4 October 2026⚖️ Cour de cassation👁️ 17 views📖 2 min read

The date of opposability to third parties of a modification to the land use plan does not constitute the reference date, within the meaning of Article L. 213-4 a of the Urban Planning Code, when the changes made do not affect the zone in which the expropriated property is situated.

Reference decision: Court of Cassation • No. 08-10.333 • 28 January 2009 • View the decision →

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

The situation

The date of opposability to third parties of a modification to the land use plan does not constitute the reference date, within the meaning of Article L. 213-4 a of the Urban Planning Code, when the changes made do not affect the zone in which the expropriated property is situated.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • Strictly comply with legal time limits for appeals
  • Keep all your supporting documents (title deeds, acts, correspondence)
  • Plan ahead: 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: 08-10.333
  • Court: Cour de cassation
  • Decision of: 28 January 2009

Keywords

droit immobilierjurisprudencefoncier

Practical use cases

1

Landlord Facing Expropriation in Lyon

You own a rental building in Lyon's 3rd arrondissement, valued at €500,000. The council approved a modification to the local land use plan (PLU) six months ago, and you're now being expropriated for a new tram line. You assume the compensation reference date is that recent modification date, potentially increasing your payout.

Practical application:

The Court of Cassation ruling means that if the PLU modification does not relate to your building's specific zone, the reference date for valuation remains one year before the public inquiry—not the modification date. Check the geographic scope of the PLU change: if your zone (e.g., UCb) was unaffected, you cannot rely on that later date. Request a copy of the expropriation file from the prefecture and consult a solicitor to ensure the correct reference date is applied, as using an older date might lower your compensation.

2

First-Time Buyer Expropriated Near Marseille

You bought a flat in Aubagne (near Marseille) for €200,000 ten months ago. Now the local authority is expropriating your block for a new school. You heard that a PLU modification was made opposable two months ago and hope it will push the valuation date forward, increasing your compensation.

Practical application:

Under this case law, if the PLU modification only affected, for example, an industrial zone across town and not your residential UB zone, it does not change the reference date. Your compensation will likely be based on the market value one year before the public inquiry, not the recent modification date. Check the PLU amendment documents (available at the mairie) to confirm which zones were altered. If your zone is unchanged, accept that the compensation may reflect an earlier, possibly lower, valuation. Consider an independent valuation to challenge the offer if it seems unfair.

3

Co-Ownership Dispute Over Expropriation in Bordeaux

Your co-ownership of a mixed-use building in Bordeaux's Chartrons district is being partially expropriated for a riverside development. Some co-owners argue that the compensation should use the date of a recent PLU modification (which they heard about on the news) to get a higher payout, while others are unsure.

Practical application:

The ruling clarifies that only PLU modifications affecting the precise zone of the property alter the reference date under Article L. 213-4 a. You must check whether the Chartrons district—specifically your plot's zone (e.g., UZ1)—was included in the modification. If not, the standard date (one year before the inquiry) applies. Gather all co-owners, obtain the relevant PLU extract from Bordeaux Métropole, and if the zone is unaffected, avoid costly legal challenges based on the wrong date. Present a united front to the expropriating authority using the correct valuation rule.

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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