Droit Immobilier

The provisions of a regulation of

📅 Décision du 13 November 1975⚖️ Cour de cassation📖 2 min de lecture

The provisions of a co-ownership regulation, under which the general meeting may, under certain conditions, authorise the exercise of a liberal profession, must be interpreted as meaning that such exercise is authorised, in the private areas, subject only to the conditions listed, and the meeting may not impose on the co-owners any restrictions on their rights other than those resulting from the designated use of the building, as defined in the deeds.

Reference decision: French Supreme Court (Cour de cassation) • No. 74-12.339 • 1975-11-13 • Consult the decision →

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

The situation

The provisions of a co-ownership regulation, under which the general meeting may, under certain conditions, authorise the exercise of a liberal profession, must be interpreted as meaning that such exercise is authorised, in the private areas, subject only to the conditions listed, and the meeting may not impose on the co-owners any restrictions on their rights other than those resulting from the designated use of the building, as defined in the deeds.

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

  • Scrupulously comply with legal time limits for appeals
  • Keep all your supporting documents (title deeds, deeds, correspondence)
  • Be proactive: preventive advice is always cheaper 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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Informations juridiques

  • Numéro: 74-12.339
  • Juridiction: Cour de cassation
  • Date de décision: 13 novembre 1975

Mots-clés

droit immobilierjurisprudenceimmobilier

Cas d'usage pratiques

1

Physiotherapist blocked by extra co-ownership restrictions

Dr. Martin, a co-owner in a Lyon apartment building, wants to convert his living room into a physiotherapy clinic. The co-ownership regulation allows liberal professions if they don't cause noise or disturbance, and the general meeting can authorise them. However, the meeting imposed an additional rule that no appointments before 10am or after 6pm are allowed, citing building tranquillity, despite no such restriction in the regulation.

Application pratique:

The 1975 Supreme Court ruling states that when a co-ownership regulation lists conditions for authorising a liberal profession, the general meeting may only enforce those listed conditions. They cannot add new restrictions. Dr. Martin can challenge this decision, arguing that the time restrictions are invalid. He should gather written evidence of the meeting's decision and consult a lawyer to send a formal notice, possibly leading to court to annul the restriction.

2

First-time buyer unsure about home-based architecture practice

Sophie, a young architect, is buying a flat in Bordeaux and plans to work from home. The building's co-ownership regulation permits liberal professions provided they don't involve harmful substances or clients visiting. The seller's agent claims the co-owners are strict and might refuse. Sophie is hesitant to finalise the purchase without clarity.

Application pratique:

This case law confirms that the general meeting cannot impose further restrictions beyond the regulation's conditions. Sophie should read the regulation carefully: as long as her architecture work meets the stated conditions (no hazardous materials, no excessive client visits), she can exercise her profession. She shouldn't rely on the agent's claim; instead, she can request a copy of the regulation from the seller and, if necessary, get legal advice. She can proceed confidently, knowing the meeting cannot arbitrarily block her if she complies.

3

Landlord's notary tenant rejected by co-ownership

Mr. Dupont owns a ground-floor commercial unit in a Marseille mixed-use building and wants to lease it to a notary's office. The co-ownership regulation authorises liberal professions in commercial units, subject to professional insurance and opening hours limited to 8am-8pm. The general meeting voted to reject the notary, claiming the building's character forbids legal professions, despite only three conditions in the regulation: insurance, hours, and no flammable storage.

Application pratique:

The Supreme Court ruling makes it clear: if the regulation lists conditions for authorising a liberal profession, the meeting cannot impose extra restrictions. Here, the regulation only specifies insurance, hours, and no flammable storage. The meeting's objection based on profession type is invalid. Mr. Dupont should inform the syndic (property manager) of the court decision and request the authorisation be granted. If refused, he can take legal action to force the co-ownership to comply, potentially seeking damages for lost rent.

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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