Having noted that the terrace

This decision provides important insight into your property law. Here is what it changes for you.

The situation

Having noted that the disputed terrace was located at first-floor level of the house, was served from the living room by a sliding glass door, rested on a timber structure comprising eight joists anchored on the house side into the façade by means of joist hangers fixed into the wall with plugs and coach screws and resting on the opposite side on a transverse beam resting on two wooden posts adjacent to the party wall with the neighbouring property and fixed to the ground on concrete pads by means, for the first, of a base plate and, for the second, of an interlocking paving block, that the configuration of this terrace made it possible to observe that it constituted an extension of the first floor, was accessible through an opening designed for that purpose, was fixed into the façade wall and rested on the opposite side on foundations irrespective of the fact that these were of a homemade or even non-compliant design, and that this terrace formed an integral part of the house sold, the Court of Appeal was able to deduce that it was a 'work' within the meaning of Article 1792 of the Civil Code.

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

• Strictly comply with statutory appeal deadlines
• Keep all your supporting documents (title deeds, instruments, correspondence)
• Anticipate: preventive advice is always cheaper than litigation

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.