Reference decision: cc • No. 89-14.867 • 1991-11-20 • View the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
Non-conformity defects affecting a building not falling, in the absence of damage, within the scope of Article 1792 of the Civil Code; the judgment which, in order to hold a builder and its insurer liable, holds that the non-conformity of the material with the internal regulations of the housing estate and the construction rules applicable in the department constitutes a construction defect covered by the ten-year warranty must be quashed.
What the law says
This decision confirms the fundamental principles of property law.
Key points to remember
- Strictly adhere to the legal time limits for appeals.
- Keep all your supporting documents (title deeds, instruments, correspondence).
- Plan ahead: preventive advice always costs less than litigation.
For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.
📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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