Property case law: analysis and practical advice

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

The situation

The Court of Appeal, noting that this company presented itself as a builder in its advertising brochures, drew up the plans, supervised the works and chose the roof tiles for a commission, legally justifies its decision to hold that the company had the status of property developer and to order it, as such, to repair the defects. It rightly holds that, despite the existence of a contract for the construction of an individual house signed by the client and a builder, the company had acted as a property developer, taking the initiative and main responsibility for the matter, and was therefore liable, as such, for defects, even in the absence of any property development contract within the meaning of Article 1831-1 of the Civil Code.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly comply with the statutory time limits for legal action.
• Keep all your supporting documents (title deeds, legal instruments, correspondence).
• Anticipate: preventive advice always costs less than litigation.

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