Condominium Time Limit and Urban Pre-emption Right: The Starting Point Set by the Court of Cassation

Imagine: you own a flat in Évry, in a building divided into lots for more than ten years. You decide to sell, and suddenly, the local authority invokes its urban pre-emption right (DPU) — the right that allows the town hall to buy a property in priority. You thought you were safe because your building has been a condominium for a long time. But the question is: when does the 10-year period actually start?

This question, although technical, can disrupt a sale. The Court of Cassation answered it on 24 March 2016 in a decision that is now a reference. It ruled: the starting point of the 10-year period of being subject to the condominium regime, which allows exemption from certain DPU exceptions, is the publication of the division description statement (the document listing each lot and its share of common parts), not that of the condominium rules. In short, if only the division description statement has been published for 10 years, the building is considered subject to the condominium regime for DPU purposes.

But what does this actually change? And how can a dispute be avoided? Let's dive into the details of this case, which is of interest to any owner, buyer or property professional in Paris, Évry and elsewhere.

The facts: a story that happens every day

Mr X, owner of a lot in a building located in Paris, decides to sell his property. The building is divided into condominium lots, but only the division description statement (the document describing each lot) was published at the land registry more than 10 years ago. The condominium rules (which set out the rules for communal living) were never published, or at least not for 10 years. The City of Paris then exercises its urban pre-emption right over the sale, considering that the building has not been subject to the condominium regime long enough to benefit from the exception provided for in Article L. 211-4 of the Urban Planning Code.

This article provides that the DPU does not apply to transfers (sales) of condominium lots when the building has been subject to this regime for at least 10 years. But this seniority must be proved. In this case, the owner argued that the period should run from the condominium rules, while the local authority considered that only the division description statement was authoritative. The court ruled in favour of the local authority: the owner must sell to the city, often at a price below market value. Dissatisfied, he appealed to the Court of Cassation.

undefined, I have come across cases where owners in Évry or Paris found themselves in a similar situation, unaware that the publication of the division description statement was sufficient. Some had to abandon their sale or accept a lower price. This case illustrates the importance of publication formalities.

The reasoning of the court — analysed

The Court of Cassation, in its judgment of 24 March 2016 (No. 15-10.215), had to interpret Article L. 211-4 of the Urban Planning Code (which sets out exceptions to the urban pre-emption right). The text says that the DPU does not apply to transfers of condominium lots if the building has been subject to this regime for at least 10 years. But what is the date of creation of the condominium?

The Court recalled that, under Article 1 of the Law of 10 July 1965 (which governs condominium ownership), the condominium is created by the division of the building into lots, evidenced by the division description statement. The condominium rules, on the other hand, set out the operating rules but are not constitutive of the condominium. In other words, as soon as the division description statement is published, the building is a condominium, even if the rules have not yet been published.

Thus, the starting point of the 10-year period is the publication of the division description statement. In this case, since it had been published for more than 10 years, the building had indeed been subject to the condominium regime for 10 years, and the sale was exempt from the DPU. The Court therefore ruled in favour of the owner, overturning the previous decision.

This reasoning is a confirmation of previous case law: the Court of Cassation had already ruled in a similar vein (Civ. 3e, 13 January 2010, No. 08-21.166). There is therefore no reversal, but a welcome clarification. However, note that the publication must be effective. A mere deposit with a notary is not sufficient.

What this changes for you — concretely

For a selling owner: if you are selling a lot in a building whose division description statement was published more than 10 years ago, you can avoid the DPU, even if the condominium rules are not published. Example: in Paris, a 50 m² flat valued at €500,000 could be pre-empted by the city at a price 10-20% lower if the DPU applies. Thanks to this decision, you secure your sale at market price.

For a buyer: you must check the publication date of the division description statement. If it is more than 10 years old, you are protected against a surprise pre-emption. Ask your notary to check the land registry.

For a tenant: this has no direct impact, but if your landlord sells, the DPU could be an obstacle. You can inform them of this case law.

For a property professional (agent, developer): incorporate this rule into your due diligence. A building whose division description statement is recent (less than 10 years old) is subject to the DPU, which may hinder sales.

What few people know: if the division description statement has never been published, the period does not run, and the building is always subject to the DPU, even if the rules exist. You must therefore regularise the publication.

Four tips to avoid this type of dispute

• Check the publication date of the division description statement. Before any sale, ask your notary to consult the land registry to find out the exact publication date. If it is more than 10 years old, you are safe.
• If the division description statement is not published, have it published. You can regularise at any time. The publication costs about €200 (including notary fees) and brings you into compliance.
• Do not confuse condominium rules and division description statement. The rules are important for condominium life, but for the DPU, only the division description statement counts. Ensure both are published to avoid any confusion.
• Anticipate in case of sale. If your building is recent (less than 10 years since the publication of the division description statement), know that the DPU applies. You can negotiate with the local authority or wait until the period has elapsed.

Further analysis: related case law and developments

This decision is part of a consistent line of the Court of Cassation. Already in 2010 (Civ. 3e, 13 January 2010, No. 08-21.166), it had ruled that the 10-year period runs from the publication of the division description statement. More recently, the Court specified that the publication of the condominium rules is not necessary to trigger the period (Civ. 3e, 12 July 2018, No. 17-21.327).

The trend is therefore clear: judges favour a simple and practical reading of the law. For the future, it can be expected that local authorities will be more vigilant about the publication date of the division description statement. Owners, for their part, must be proactive.

Finally, note that this rule only concerns the DPU. For other issues (such as condominium charges), the rules remain essential.

What you absolutely must remember

FAQ – 5 essential questions:

• What is the starting point of the 10-year period to avoid the DPU? The publication of the division description statement, not the condominium rules.
• What to do if the division description statement is not published? Have it published by a notary. The period will start to run from that date.
• Can I sell my lot if the division description statement was published 8 years ago? Yes, but the DPU applies. You will have to offer the sale to the local authority first.
• Does this rule apply throughout France? Yes, the DPU is a national mechanism, and the case law is uniform.
• Is an owner in Évry affected? Yes, just like in Paris or elsewhere. Local authorities can exercise the DPU throughout the territory.

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