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CMS Monaco : Pharaonic building projects & Construction

law - Monaco rises to the challenge and plans for the future

par Sophie Marquet & Marion Cabanès
It's impossible to talk about Monegasque town planning without immediately thinking of the ballet
of cranes and building projects that sometimes defy the laws of gravity and constantly reshape the
face of the Principality.

Paradoxically, despite the fact that the What are the challenges of construction law issues surrounding the elevation of buildings,
construction sector is one of the keystones in a dense urban environment? a crucial prospect given the shortage of
of the Monegasque economy, it has to be said Modernising Monaco's body of law would building land.
that the legislative arsenal available to protect provide a better framework for the contractual We must not forget the importance and
the rights and interests of those involved in the chain upstream of the construction phase, usefulness of ordinary law, which - when
building industry is rather lapidary. by defining a specific legal and insurance it comes to the issues raised by certain
This does not prevent property projects from framework for this complex area, which construction projects - unquestionably
being legally secure, in particular by combining would facilitate the management of disputes provides a solid legal foundation for securing
the rules of ordinary law with a knowledge of downstream. the rights of stakeholders in the event of a
case law and creativity. The aim would be to offer those involved dispute. In terms of servitudes, for example,
However, it is not out of the question - indeed, greater security in certain sensitive areas, the Napoleonic rules have lost none of their
it would be desirable - for the legislator to take such as completion and payment deadlines, relevance, and we continue to interpret title
up a project to modernise construction law in technical standards, subcontracting rules, deeds in the light of these rules in order to
the near future, in order to meet the challenges acceptance of work and guarantees, in order understand the rights and obligations of the
of the future in terms of town planning. to make the Principality even more attractive. parties involved.
In conclusion, while the Principality's property
Towards a modernisation of construction What are the current solutions for securing and legal professionals have no lack of
law? construction projects? resources to provide a legal framework for
Traditionally, construction law - the main aim of In the absence of a specific corpus of projects to develop the Principality's territory, it
which is to guarantee the safety and soundness legislation, the experience of practitioners would be appropriate to modernise construction
of buildings - covers the rules governing the is proving essential in proposing practical law to ensure that the legal systems applied
design, construction, sale and management solutions to meet the challenges of are harmonised and that the principles in force
of real estate. construction. Take, for example, all the are predictable for those involved.
In this respect, construction law covers
all the standards laid down to ensure the
safety of buildings and their occupants.
In Monaco in particular, these include
building standards in earthquake zones,
environmental standards to comply with
the energy transition being promoted by the
Principality, and accessibility standards for
people with disabilities.
Construction law also governs the rights and
interests of the various parties involved in
building operations, from property developers
to buyers, builders and architects.
As Monegasque law is largely inspired by
French law, and by way of comparison, the
corpus of French legislation in this area is
dense and permeates various codes, such
as the Civil Code, the Construction and
Housing Code, the Environmental Code and
the Insurance Code.
To date, there is nothing comparable in
Monaco, and professionals in the sector often
have to resort to ordinary law to set up projects
and then defend their rights and interests in © CMS Monaco
the event of disputes. Marion Cabanès (Counsel)

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