Specifically decides that the management company of the

Application pratique:

The Cour de cassation (No. 89-17.185) holds the syndicate strictly liable for construction defects arising from defective layout of common areas, even without collapse. The veranda's damage directly results from the courtyard's poor design, a common part. Notify the syndicate by registered letter, detailing the cause and invoking Article 14 of the 1965 co-ownership law. Obtain an expert survey and, if unresolved, instruct a solicitor to file within the 5-year limitation period for building defects.

Application pratique:

The ruling confirms that the syndicate is liable for defects inherent in the original layout, even if the glass roof was built to plan. Emma should immediately notify the syndicate in writing with photographic evidence and technical reports. As a buyer, she may also have recourse against the seller for hidden defects within 2 years of discovery, but the primary claim lies against the syndicate. She must act within the 10-year decennial warranty if the defect is structural, or the general 5-year liability period. An urgent court-ordered expert appraisal (référé expertise) can preserve evidence.

Application pratique:

The Cour de cassation's strict liability principle applies directly: the syndicate is liable for the defective layout of the walkway, a common area, that damaged the glass canopy. Jean-Pierre must formally demand the syndicate to repair the layout flaw and compensate for losses. He should gather lease agreements, repair invoices, and photographic evidence. If the syndicate refuses, he can sue for damages within 5 years, citing this precedent. Additionally, he should check the co-ownership règlement to confirm the canopy's legal status and ensure his insurer is notified promptly.