Height Restrictions To Build In Monaco

When it comes to easements and construction prohibitions, it is sometimes difficult to distinguish between truth and falsehood.

Monaco Court of Appeal has provided some valuable clarification on this topic, analyzing the conditions of existence of height easements restrictions - known as "non altius tollendi" – and the conditions for the extinction and nullity of some restrictions on building height.

In other words, the Court recalls what cannot or can no longer constitute an easement, and thus justify a limitation on building height or a request for demolition.

This outcome was awaited by our Real Estate team, as a building was threatened of demolition. This decision should bring some security to real estate players.