Week of 5 to 18 January 2026
Case law
Conseil d’État, 1st and 4th chambers combined, 23 December 2025, Nos. 502194, 507733 — A building permit that has become final does not prevent the authorities from issuing the owner with an order to regularise under Article L. 481-1 of the Planning Code, where works were carried out in breach of the permit granted. The finality of the original permit does not cure the irregularity of works carried out outside its scope.
Civ. 3rd chamber, 8 January 2026, No. 7 FS-B, appeal No. 24-12.082 (partial quashing) — In a contract for the construction of a single-family home, a clause providing for liquidated damages payable to the builder if the client withdraws may be revised by the court where it is manifestly excessive, the Court of Cassation recalling the court’s power to moderate penalty clauses (Article 1231-5 of the Civil Code), including within the specific framework of the CCMI (single-family home construction contract).
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