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The Provisions of the Collective Agreement
Droit Immobilier

The Provisions of the Collective Agreement

📅 Décision du 04 November 1982⚖️ Cour de cassation👁️ 16 vues📖 2 min de lecture

The provisions of the national collective agreement for the staff of property managers, condominium managing agents and property companies dated 5 July 1956 were made mandatory for all employers and workers falling within its territorial and professional scope by the extension order of 2 September 1957. Consequently, and having found that a company was essentially carrying on a property management activity, a Court of Appeal rightly decided that the aforementioned collective agreement should govern the relationship between the parties.

Reference decision: cc • N° 80-40.872 • 1982-11-04 • Consult the decision →

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

The situation

The provisions of the national collective agreement for the staff of property managers, condominium managing agents and property companies dated 5 July 1956 were made mandatory for all employers and workers falling within its territorial and professional scope by the extension order of 2 September 1957. Consequently, and having found that a company was essentially carrying on a property management activity, a Court of Appeal rightly decided that the aforementioned collective agreement should govern the relationship between the parties.

What the law says

This decision confirms the fundamental principles of property law.

Key points

  • Strictly comply with the statutory time limits for appeals
  • Keep all your supporting documents (title deeds, deeds, correspondence)
  • Be proactive: 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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Informations juridiques

  • Numéro: 80-40.872
  • Juridiction: Cour de cassation
  • Date de décision: 04 novembre 1982

Mots-clés

droit immobilierjurisprudenceimmobilier

Cas d'usage pratiques

1

Landlord verifying property manager's legal compliance in Nice

You own a flat in Nice, rented out for €1,200 per month, managed by a local agency charging 8% of rent. They have recently replaced key staff, and you're worried about consistency and legal compliance affecting your income.

Application pratique:

This ruling confirms that any company whose main activity is property management must apply the 1956 national collective agreement. Ask your agency to provide evidence that they follow this agreement—especially regarding staff contracts, working hours, and holidays. A compliant agency suggests a stable, professionally run team, reducing risks of service disruption and giving you peace of mind over your rental income.

2

Property management employee claiming missing benefits in Lyon

You have worked for three years as a property manager in Lyon, earning €2,500 per month. Your employer claims the collective agreement for property managers does not apply because they also do a bit of sales, so you have never received the extra holiday allowance or salary minimums.

Application pratique:

The Cour de cassation ruled that if a company's essential activity is property management, the collective agreement applies regardless of ancillary services. Gather evidence that your employer mainly manages property (e.g., client contracts, company registration) and formally request the benefits owed under the agreement—including holiday pay adjustments and any backdated salary increases. If ignored, you can cite this ruling in a grievance or labour court claim.

3

Co-ownership board assessing managing agent qualifications in Paris

Your Parisian building of 20 flats pays €150,000 annually in service charges to a managing agent (syndic). Recent mistakes in maintenance scheduling have raised doubts about their professionalism and whether their staff are properly trained.

Application pratique:

Because this decision imposes the 1956 collective agreement on firms primarily engaged in property management, your syndic must meet certain professional standards, including staff qualifications and ongoing training. Request a copy of their compliance declaration and verify that employee contracts reference the agreement. This helps you hold them accountable and, if they refuse, you can question their fitness during the next annual general meeting or even switch to a fully compliant provider.

Maître Cécile Zakine

À propos de l'auteur

Maître Cécile Zakine — Avocate au Barreau des Alpes-Maritimes, Docteur en Droit. Chaque article de ce magazine est rédigé à partir de l'analyse d'une décision de jurisprudence réelle, commentée et mise en perspective par les équipes de Maître Zakine.

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