There is no longer any compensation in case of confiscation for illegal construction

The Court of Cassation has developed its own principle and judges have stated that no compensation is payable for illegal construction in terms of ownership.

Without a building permit, it is no longer possible to obtain compensation for the expropriation of a construction originally built illegally. The Court of Cassation clarified last November that the value of such property should be reduced by 20% “for illegality of construction”, but today it believes this has been reduced to zero.

A disadvantaged party, whose building was originally constructed without a permit in a non-buildable area, claimed compensation, insisting that the crime of violation of town planning regulations committed during construction, antiquated Considering, it was time-barred. About the facts which also saved it from the danger of demolition.

Its existence does not create a legally protected right

The judges replied that, as the criminal statute of limitations has been reached, the owner can no longer be prosecuted, this does not change anything. Because the construction remains illegal and its existence does not create a legally protected right. However, damages can only be recovered based on a legally protected right.

Therefore, compensation should be determined with reference to the value of the vacant land, he concluded. The loss of the building in expropriation is therefore not a legally recognized damage and, in making an extraordinary judgment on the merits, the Court of Cassation, whose case law is traditionally favorable to the expropriating authorities, determined the amount of compensation itself. of, proportional to the surface area of ​​the land alone.

However, it did not use the calculation method sometimes applied to dilapidated buildings, which involves subtracting the cost of clearing the land from the land value.

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