Le préjudice résultant d'une

Application pratique:

Under this case law, because the building was not abandoned and reconstruction is legally and practically possible, the landlord is entitled to claim the full reconstruction cost rather than a lower market value. The landlord should gather evidence of continuous maintenance, rental contracts, and a detailed quote from a construction company to prove the building was in active use. If the insurer or court tries to base compensation on the old purchase price, the landlord can argue that this figure does not reflect the rebuilding cost, which is the correct measure when rebuilding is feasible. Submit the quotes and a certificate of planning approval to support the claim for €200,000.

Application pratique:

Since the building was abandoned, the court is not automatically required to award the reconstruction cost—but it must award the market value of the property at the date of the fire, updated to the date of the indemnification decision. The owner should commission an independent property valuation as of the fire date, highlighting the land's development potential and the corresponding increase in value. If the court appears to rely solely on the 2008 purchase price, the owner can cite this decision to demand an explanation of how that sum aligns with the actual market value in the year of the fire and its updated worth today. Provide recent comparable land sales and an updated expert appraisal to ensure full compensation without unjust enrichment.

Application pratique:

The decision reinforces the principle of full compensation: each owner is entitled to an amount covering the actual damage, without deduction for the historic purchase price, provided the building is not abandoned and rebuilding or repair is feasible. The co-ownership should compile a comprehensive file with repair quotes, expert reports on the damage, and evidence that the building has been used continuously and kept in good condition. If the court attempts to use the old purchase price as a benchmark, the syndicate must object, citing this case law which requires the court to justify the adequacy of the sum relative to the value at the time of the fire, updated to the decision date. Engage a court-appointed expert to produce an updated valuation of all damaged units and common parts, and present this to secure the €350,000 needed for proper restoration.