Are not constructions within the meaning

Practical application:

Under the 1970 Court of Cassation ruling, such a 'hut-shaped shed' is not a legal 'construction', so no building permit is required under urban planning law. Marie should still check with her local mairie (town hall) for any local regulations and ensure the structure does not violate private law rules like boundary distances or easements. Keeping a copy of this judgment can help if neighbours complain. Preventive consultation with a lawyer is cheaper than litigation.

Practical application:

Based on the 1970 precedent, this type of shelter is not a 'construction' requiring planning permission, so the council may not order its removal. Jean should first try mediation, as litigation could be costly and lengthy. He should gather evidence (photos, deeds) and check if it breaches any local co-ownership rules or creates a nuisance. A lawyer can advise on alternative claims, such as disturbance of enjoyment.

Practical application:

The Court of Cassation's decision clarifies that such a structure is not a 'construction', so it likely did not require a building permit, making it legally compliant. Sophie should present this case law to the surveyor and her notaire to confirm that no enforcement action is possible. She should also ensure the structure is still in place and not causing any damage, and check if the local PLU (Plan Local d'Urbanisme) has since changed rules. Obtaining a certificate from the mairie can provide comfort.