Fencing must comply with local city planning regulations. This was clarified by the Court of Cassation in its decision of 22 October 2019.
A municipality brought an action before the court for the removal of a fence and the restoration of a plot of land which had been closed by an individual. This individual had carried out the work without authorization, contrary to what is stipulated in the Municipality's Local City planning Plan (PLU).
The Court of Cassation points out that many municipalities, through the PLU, may make the fences subject to prior declaration. In the absence of PLU, the Court recalls that the law provides for mandatory declaration in many cases as well as in certain sensitive areas and protected environment areas.
The Court of Cassation noted that the plot was in an area where city planning authorization was required to construct a fence. In the absence of such authorization, the erection of such fences is unlawful. The Court of Cassation confirms the decision of the Court of Appeal and orders the restoration of the premises within one year and this, with a fine in case of delay.
