Boutique Agency
20 October 2026
When buying or selling a property on the Côte d’Azur, considerable attention is generally paid to its location, state of maintenance and asking price. Equally important, however, is whether the property, as it stands today, corresponds to the building permits that have been granted and the applicable planning regulations.
In practice, this is not always the case. Particularly with older villas that have been renovated or extended over the years, certain works may not have been authorised, or may not have been fully authorised. Examples include an additional room, a covered terrace that has been incorporated into the living space, an extra floor or a swimming pool. The fact that renovation work was carried out many years ago does not automatically mean that it is legally compliant. For buyers, this may have consequences if they wish to alter the property at a later date. For sellers, uncertainties regarding permits can lead to questions during the sales process and potentially to delays or problems when ownership is transferred.
What has actually been authorised?
In France, building works may, depending on their nature and extent, require a permis de construire (building permit) or a déclaration préalable de travaux (prior declaration of works). When assessing a property, it is therefore advisable to establish which permits have been granted and whether the works carried out correspond to those permits. Documents relating to the completion and conformity of the works also deserve attention, including the déclaration attestant l'achèvement et la conformité des travaux (DAACT).
After all, the granting of a permit does not automatically mean that the works were carried out exactly in accordance with that permit. Conversely, the absence of a particular document does not necessarily mean that the construction is illegal. The nature of the works, when they were carried out and the regulations applicable at the time are determining factors. Particularly in the case of properties that have changed hands several times, it can be difficult to reconstruct their complete building history. Not all alterations are necessarily clearly recorded in the documents available when a property is sold.
The expiry of limitation periods does not automatically mean legalisation
In the case of older renovations, reference is often made to French limitation periods. French law provides for different limitation periods concerning criminal prosecution, civil proceedings and the assessment of previous building irregularities. Each of these periods has its own scope of application. In addition, Article L.421-9 of the Code de l'urbanisme provides that, under certain conditions, a new permit may not be refused solely because of a previous irregularity when the building works concerned were completed more than ten years ago.
However, this protection is subject to important exceptions. For example, it may not apply to certain constructions in areas subject to specific planning or protection regulations, including certain situations covered by a Plan de Prévention des Risques Naturels Prévisibles (PPRN). The ten-year rule may also offer no protection where the original building permit required for the works was never obtained.
It is therefore important not to rely solely on the number of years that have passed since older renovation works were carried out. The applicable regulations and the legal status of the existing buildings must be assessed separately. Furthermore, the expiry of a limitation period does not mean that an unauthorised construction is automatically legalised.
Problems with future renovations
A missing permit does not necessarily have any immediately noticeable consequences for the day-to-day use of a property. Problems may, however, arise when a new owner wishes to renovate or extend it. Suppose a buyer purchases a villa with the intention of adding an extra bedroom or enlarging the living room. During the preparation of these works, it becomes apparent that an earlier extension was never properly authorised.
This may affect the assessment of a new permit application. Depending on the circumstances, it may be necessary to include the existing situation in the application or to regularise it first. Sometimes this proves impossible, for example because the current planning regulations do not permit the construction concerned. A renovation that appeared relatively straightforward at the time of purchase may therefore become considerably more complicated or even prove impossible.
This is also important for sellers. When a prospective buyer intends to extend a property, the legal status of previous works may influence their purchasing decision. It is therefore advisable to investigate any uncertainties before putting the property on the market.
The local planning regulations are also important
In addition to existing permits, the local development plan, the Plan Local d'Urbanisme (PLU), or the applicable intermunicipal plan, must also be taken into account. These plans contain rules concerning, among other things, building heights, permitted building coverage, distances from property boundaries and land use. Local regulations and specific protection rules may also affect building possibilities.
Particularly with villas situated on large plots, it is sometimes assumed that there is sufficient scope to extend the property, construct an outbuilding or install a swimming pool. However, the amount of available land does not automatically determine what may actually be built. The regulations may also have changed since the property was originally constructed. An extension that was permitted twenty years ago may no longer be possible under the current planning regulations. Anyone with specific building plans would therefore be well advised to have their feasibility assessed before purchasing the property. A general review of the local development plan is not always sufficient; depending on the proposed works, further investigation or an application to the local authority may be necessary.
Investigations before buying or selling
A careful examination of the property's planning status is an important part of preparing a real estate transaction. This involves not only establishing whether the property in its current form has been properly authorised, but also identifying any restrictions on its future use, renovation or extension. For sellers, carrying out these checks in good time can prevent uncertainties from coming to light only when a buyer conducts their own investigations. For buyers, this information provides a clearer understanding of the property's possibilities and limitations.
At tóco d’azur, we pay particular attention to these matters as estate agents, both when buying and selling property. Where necessary, permits, building documentation and planning regulations are examined together with specialised professionals, so that potential restrictions can be identified as early as possible.
After all, buying or selling a property is not only about what stands there today, but also about its legal status and the possibilities for the future.
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