In a decisive ruling, the Correctional Court of Nice has mandated the demolition of three illegally built houses above Cap-d’Ail's Mala Beach, fining the construction company SCI Mougins Maisons €200,000 and the owner €100,000. The court has given a six-month deadline for the demolition, marking a significant victory for local authorities after a prolonged legal battle.
The court's decision comes after three years of ignored administrative procedures. Early this July, the court convicted an individual and a real estate company for the unauthorized construction of three houses on a coveted hillside property. The parties have appealed, but the demolition order stands as a symbol of the municipality’s commitment to enforcing urban planning laws.
The saga began in 2010 when the individual acquired a parcel overlooking the popular Mala Beach. This property included a house without authorization for expansion and a non-buildable plot. "This land is located in a classified wooded area and a natural zone under the metropolitan local urban plan (PLUm), as well as a blue zone under the landslide risk prevention plan. Regulations in these zones unequivocally prohibit all construction," explained Xavier Beck, the mayor of Cap d’Ail, in an interview with L’Obs.
Despite these restrictions, the owner began constructing three houses in 2020 without seeking any administrative approval, fully aware of the illegality of his actions. "He did not request any permits because he knew he could not obtain authorization," Mayor Beck emphasized. Contrary to media reports describing the structures as bungalows, Beck clarified, "These are stone constructions over 50 square meters each, with doors, windows, and shutters, which cannot be classified as bungalows." The properties were even advertised on social media as exclusive venues for private events.
Over the years, several infraction reports were filed, followed by stop-work orders in 2020, 2021, and 2022, which were ignored. Seals placed by a bailiff were also disregarded. In June 2023, the judge of liberties and detention, at the municipality’s request, authorized the mayor to enter the property with the assistance of law enforcement, a locksmith, and a bailiff to document the violations. Confronted on-site, the owner nonchalantly suggested that the issue could be resolved “with a big check.”
One year later, the court's ruling has affirmed the municipality’s stance. Alongside the financial penalties, the court ordered the demolition of the illegal structures within six months, regardless of the appeal’s outcome. Should the owner fail to comply, he will incur a fine of €150 per day of delay. "This case is highly symbolic for us and represents a turning point in the prosecutorial policy," stated Mayor Beck. "The court's decision sends a clear message that violating urban planning regulations cannot be rectified merely by paying a fine."
The fine alone would likely have little impact on the wealthy owner, Daniel Giersch, a successful German tech entrepreneur known for selling the email service G-mail to Google and his high-profile divorce from actress Kelly Rutherford. SCI Mougins Maisons is owned by Olivier Sonntag, another tech entrepreneur associated with Giersch Ventures GMBH. This ruling underscores the municipality’s commitment to upholding the integrity of its urban planning laws against the overreach of affluent property owners.