Reference Decision: Cass. 3e civ. • No. 20-16.777 • 2021-06-03 • View the decision →
Imagine: you are the owner of a flat in Vallauris, in a building from the 1970s. The general meeting votes to divide certain condominium lots to regularise the cadastral situation. But a co-owner challenges this, arguing that the division is subject to a strict law intended to prevent substandard housing. Who is right? Until this decision of the Court of Cassation of 3 June 2021, the answer was unclear. Now the judges have ruled: Article L. 111-6-1 of the Construction and Housing Code, which governs the division of residential premises, does not apply to the division of condominium lots carried out for legal and accounting reasons, without the creation of new dwellings.
This decision, handed down by the Third Civil Chamber, is a victory for the legal certainty of condominiums. It clarifies that the law on the division of dwellings only targets operations that result in the making available of new residential premises. On the other hand, when a lot is divided to make two lots corresponding to parts already distinct in the building (for example, a 'cellar' lot and a 'flat' lot which were artificially combined), it does not fall within the scope of this regulation. Detailed explanation below.
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