By exercising the power granted to them

Reference decision: cc • N° 18-11.424 • 2019-03-21 • View the decision →

This decision provides important clarification on your property law. Here is what it changes for you.

The situation

By exercising the power granted to them by Article L. 442-9 of the Town Planning Code to maintain the subdivision regulations to avoid their automatic lapse, the co-owners do not manifest an intention to contractualise the rules contained therein.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

Scrupulously observe the legal time limits for appeals
Keep all your supporting documents (titles, deeds, correspondence)
Anticipate: preventive advice always costs less than litigation

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📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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Cas d'usage pratiques

Co-owner wants to enforce outdated rule

In a subdivision near Nice, the regulations require single-story homes only. A co-owner builds a second story, claiming the rule lapsed after 10 years. Other co-owners vote to maintain the rule under Article L. 442-9, but the builder argues the vote makes the rule a contract, not enforceable against him. The court cites this decision: the vote merely prevents lapse, not turning the rule into a contractual obligation. The rule remains regulatory and enforceable.

Application pratique:

This case confirms that a vote to maintain subdivision rules under Article L. 442-9 does not transform them into contractual obligations. As a co-owner, you can still enforce the rule against the builder. Action: immediately send a formal notice (mise en demeure) to the builder, referencing the court decision. If ignored, file a lawsuit seeking an injunction and damages for non-compliance with the subdivision regulations.

Developer wants to modify lapsed rules

A developer purchased a plot in a subdivision near Bordeaux where the 10-year lapse period ended in 2020. The co-owners did not vote to maintain the rules. The developer plans to build a multi-story apartment block, ignoring the original single-home restriction. The co-owners argue the rules automatically lapsed. The developer relies on the fact that no vote occurred. The court decision clarifies that without a vote, the rules lapse and lose all effect.

Application pratique:

Since no vote to maintain the rules occurred, the subdivision regulations have lapsed automatically. The developer can build without regard to the old rules. Action: verify the exact lapse date and confirm no vote was recorded. If clear, proceed with building permit application. Co-owners cannot enforce the old rules, but may seek to negotiate new contractual restrictions. The developer should obtain a certificate from the town hall confirming the lapse.

Buyer relies on subdivision rules that lapsed

A family buys a house in a subdivision near Lyon, relying on the regulations that prohibit commercial activity. They pay €450,000. Six months later, a neighbor starts a bakery from home, citing that the subdivision rules lapsed 5 years ago and were never renewed. The buyer sues, arguing the rules were part of the deed. The court applies this decision: lapsed rules are no longer enforceable, and the buyer's reliance is not protected.

Application pratique:

The buyer unfortunately has no recourse against the neighbor if the rules have lapsed and no vote was taken. Action: check the subdivision's history of votes under Article L. 442-9. If no vote occurred, the rules are void. The buyer may still have a claim against the seller for failure to disclose (vice caché) if the seller knew the rules had lapsed. Seek legal advice to explore a claim for damages or rescission of the sale, but the neighbor's activity cannot be stopped.

By exercising the power granted to them

The situation

What the law says

Key points to remember

Informations juridiques

Source

Mots-clés

Cas d'usage pratiques

Co-owner wants to enforce outdated rule

Developer wants to modify lapsed rules

Buyer relies on subdivision rules that lapsed

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Maître Zakine, Doctor of Law