Droit Immobilier

Disputes relating to liability

📅 Décision du 09 October 1991⚖️ Cour de cassation👁️ 1 vues📖 2 min de lecture

Disputes relating to contractual liability incurred by a municipality by reason of the sale of plots comprised in a housing estate forming part of its private property fall within the jurisdiction of the ordinary courts, provided that the sale contract does not have as its object the execution of a public service and does not contain a clause exorbitant of the common law. This is the case with a dispute arising from such a sale, resulting from defects in a collective heating system which, serving the houses built on the sold plots, was located outside the housing estate and had been constructed under a public works contract.

Reference decision: cc • N° 90-12.818 • 1991-10-09 • View the decision →

This decision sheds important light on your property law. Here is what it changes for you.

The situation

Disputes relating to contractual liability incurred by a municipality by reason of the sale of plots comprised in a housing estate forming part of its private property fall within the jurisdiction of the ordinary courts, provided that the sale contract does not have as its object the execution of a public service and does not contain a clause exorbitant of the common law. This is the case with a dispute arising from such a sale, resulting from defects in a collective heating system which, serving the houses built on the sold plots, was located outside the housing estate and had been constructed under a public works contract.

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

  • Strictly observe the statutory time limits for appeal
  • Keep all your supporting documents (deeds, documents, correspondence)
  • Anticipate: preventive advice is always cheaper 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: 90-12.818
  • Juridiction: Cour de cassation
  • Date de décision: 09 octobre 1991

Mots-clés

droit immobilierjurisprudenceimmobilier

Cas d'usage pratiques

1

Subsiding access road damages new self-build home

A couple bought a serviced plot for €85,000 from the commune of Ploërmel (Brittany) in 2022 to build their first home. The estate's main access road, constructed by the commune under a public works contract, developed a severe dip within 18 months, causing structural cracks in their house and rendering the road unsafe.

Application pratique:

Because the sale contract was purely private with no public service clause, this dispute falls under ordinary court jurisdiction, as confirmed by the 1991 Cour de cassation decision. The couple should immediately notify the commune in writing, compile all deeds, photos, and expert reports, then file a contractual liability claim before the tribunal judiciaire rather than the administrative court. Acting quickly is essential as the five-year limitation period for contract claims runs from the discovery of the defect.

2

Faulty shared drainage system disrupts rental property income

A landlord in the Loire department purchased two semi-detached houses from the commune of Saumur in 2020 for €220,000, renting each for €950 per month. Since early 2024, the estate's collective sewage network, built by the commune, has repeatedly backed up into the properties, tenants are withholding rent, and repair quotes exceed €15,000.

Application pratique:

The sale contract does not involve a public service and contains no exorbitant common law clauses, so the ordinary courts are competent. The landlord should urgently gather the original sale deed, all correspondence with the commune and tenants, drainage inspection reports, and proof of lost rental income. A claim for contractual liability and damages must then be brought before the tribunal judiciaire, not the administrative court, with strict adherence to the applicable limitation period.

3

Unmaintained communal green spaces spark co-owners' legal action

In a six-plot estate near Grasse (Provence), the commune sold each plot between 2018 and 2020 with a covenant requiring it to maintain the shared Mediterranean garden and play area. The commune stopped all upkeep works in 2023, leading to pest infestation and a 30% drop in property values; the co-owners' association now faces €9,000 in immediate clearance costs.

Application pratique:

As the plot sales were private contracts without any public service mission or exorbitant clauses, the 1991 precedent confirms that ordinary courts have jurisdiction over this contractual breach. The co-owners' association should send a formal notice to the commune, document all failures with dated photographs and expert valuations, and initiate proceedings before the tribunal judiciaire for breach of contract and damages. Preserving the original deeds and any communal minutes referring to the maintenance obligation is critical.

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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