23 June 2026
A structure built without the required French planning permission does not necessarily have to be demolished. Before ordering such a drastic remedy, a court must consider whether the works can instead be brought into compliance with the applicable planning rules.
Compliance must be considered first
A municipality or inter-municipal authority may bring proceedings within ten years after completion of the works under Article L. 480-14 of the French Town Planning Code, seeking either compliance or demolition.
In a judgment of 18 June 2026, the French Court of Cassation held that demolition or restoration may be ordered only when no other measure accepted by the owner can make the structure compliant. The court must examine that possibility, even on its own initiative.
Missing permission does not always justify demolition
In the case before the Court, the lower judges had ordered restoration simply because the works had not been covered by the required prior declaration. The Court of Cassation overturned that ruling: the judges first had to determine whether regularisation or another compliance measure remained possible.
Demolition is not ruled out altogether. It may still be ordered where planning rules make regularisation impossible or where the owner refuses the proposed compliance measure. Each case therefore requires an assessment of the local planning rules, the nature of the works and the permissions that may still be obtained.
Photograph: Gennifer Miller / Unsplash.
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