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Are not contrary to the right to
Droit Foncier

Are not contrary to the right to

📅 Decision of 26 March 2026🔄 Updated on 17 October 2026⚖️ Cour de cassation👁️ 26 views📖 2 min read

Are not contrary to the right to respect for private and family life and the home, guaranteed by Article 8, § 1, of the Convention for the Protection of Human Rights and Fundamental Freedoms, the provisions of Articles L. 461-1 and L. 461-3 of the Town Planning Code, which impose no other specification as to the circumstances justifying the inspection of premises accommodating homes or premises comprising parts used for residential purposes for the purpose of checking compliance with town planning rules than the existence of constructions, developments, installations or works completed less than six years previously

Reference decision: cc • N° 25-10.744 • 2026-03-26

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

The situation

Are not contrary to the right to respect for private and family life and the home, guaranteed by Article 8, § 1, of the Convention for the Protection of Human Rights and Fundamental Freedoms, the provisions of Articles L. 461-1 and L. 461-3 of the Town Planning Code, which impose no other specification as to the circumstances justifying the inspection of premises accommodating homes or premises comprising parts used for residential purposes for the purpose of checking compliance with town planning rules than the existence of constructions, developments, installations or works completed less than six years previously

What the law says

This decision confirms the fundamental principles of property law.

Points to remember

  • Strictly comply with legal time limits for appeals
  • Keep all your supporting documents (title deeds, documents, 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: 25-10.744
  • Court: Cour de cassation
  • Decision of: 26 March 2026

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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