Week of 23 March to 5 April 2026
Case law
Conseil d’État, 31 March 2026, No. 494252 — A transferred building permit can be regularised while proceedings are pending by an amending permit, even where the site was initially unbuildable under the planning document applicable at the date of the original permit, provided the amending permit is granted under planning rules that now render the site buildable. The judge in judicial review proceedings assesses the lawfulness of the regularisation by reference to the rules in force at the date the amending permit is granted.
Civ. 3rd chamber, 2 April 2026, published in the Bulletin — In the absence of a provision in the co-ownership regulations reserving the right to add a storey to a specific co-owner, the right to add a storey to the building in order to create new private lots belongs to the co-owners’ association (syndicat) and not to the owner of the sole top-floor lot. This ruling reinforces the association’s default authority over common areas affected by a rooftop extension project, a subject of growing importance in major conurbations facing land pressure.
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