Unusable Parking in Off-Plan Sales: When Narrowness Constitutes Unfitness for Purpose (Civ. 3e, 20 May 2015)

Imagine: you have just bought a new flat in Saint-Estève, with a parking space in the basement. On completion day, you park... or rather, you try. Your car, a standard city car, cannot fit through the access. You are stuck. Frustrating, isn't it? That is exactly what happened to Jacques-Yves, an owner in Lille, in a case that set a precedent.

But what does this actually change for you, whether you are a buyer, a landlord, or a property developer? This decision of the French Court of Cassation of 20 May 2015 (appeal no. 14-15.107) is a small bombshell in the world of off-plan sales (VEFA).

In short, the highest French court said: a parking space that is too small, even if the contract does not specify its dimensions, can be considered an 'unfitness for purpose' (i.e., a defect that renders the property unfit for its intended use). And that is bad news for sellers, but excellent for buyers.

The Facts: A Story Like Many Others

In 2005, Mr Jacques-Yves bought a flat off-plan in a housing development in Lille. The contract provided for a parking space in the basement. The specifications merely stated 'a parking space', without specifying its dimensions or the width of the access. The developer? SNC DURUY. On completion, surprise: the access to the parking space was so narrow that no commonly marketed car could access it. Mr Jacques-Yves could not use his space.

What to do? He sued the developer by way of interim proceedings before the High Court of Lille in January 2008, seeking measures to make the space usable or damages. The developer defended itself on the ground that the contract did not specify any dimensions and that, in its view, the space complied with what was agreed. But the interim judge ordered an expert report.

The case continued. On appeal, the Douai Court of Appeal ruled in favour of Mr Jacques-Yves: it ordered the developer to compensate for the loss. The developer appealed to the Court of Cassation. The Court of Cassation dismissed the appeal on 20 May 2015, upholding the appeal judgment. For the judges, the narrowness of the access constituted unfitness for purpose within the meaning of Article 1792-6 of the Civil Code (which defines the acceptance of works and reservations).

What few people know is that this decision applies even if the contract does not mention dimensions: the implied purpose of a parking space is to park a standard family car.

The Reasoning of the Court — Analysed

To understand, we must refer to the texts. Article 1792-6 of the Civil Code (now also codified in Article L. 111-20-2 of the Construction and Housing Code) provides that upon acceptance of the works, the principal (the buyer) can make reservations if the works have defects. Among these defects is the notion of 'unfitness for purpose': a defect that renders the property unfit for its intended use.

The judges considered that a parking space, without special specification, is intended to accommodate a family car. If the access is too narrow for a commonly marketed car, the space is unfit for its purpose. It does not matter that the contract does not detail the dimensions: normal use prevails.

However, note: the Court of Cassation does not create an automatic presumption. It says that, in the absence of an indication to the contrary in the specifications, the buyer can legitimately expect that the space will be usable by a standard car. The developer should have specified if the space was reserved for a small car or a motorbike. By not doing so, it committed a fault.

The developer's arguments? It argued that the contract was clear and that the buyer accepted the space as it was. But the judges replied that the contract cannot exclude the warranty for hidden defects or unfitness for purpose, because these are obligations of result (the seller must deliver a property fit for its purpose).

undefined, I have encountered similar cases, particularly in Perpignan, where parking spaces in new developments were too narrow for recent, wider cars. Developers often try to hide behind general clauses, but this case law catches them out.

What This Changes for You — Concretely

If you are a buyer of an off-plan property (or even an existing property, by analogy), you can now demand that your parking space be usable by a standard family car. What is a standard car? The judges rely on the dimensions of the best-selling cars (e.g., Renault Clio, Peugeot 208, width approximately 1.80 m including mirrors). If the access is less than 2 metres wide, there is a risk.

For a landlord in Saint-Cyprien who rents a flat with parking: if the tenant complains that their car does not fit, you are liable. You may have to reduce the rent or terminate the lease. Better to check before letting.

For a co-owner: if the space is too small, you can take action against the developer within 10 years of completion (the decennial liability includes unfitness for purpose). Widening works can cost between €2,000 and €10,000, but damages can cover the loss in value of the space (often 30 to 50% of its value).

Concrete example: in Perpignan, a parking space in a new development was worth €15,000. The owner obtained €6,000 in damages for unfitness, because the 1.90 m access did not allow parking a family saloon.

If you are in this situation, you must act quickly: have it recorded by a bailiff (count about €200) and put the seller on formal notice. Do not wait: the limitation periods (10 years from acceptance) are running.

Four Tips to Avoid This Type of Dispute

• Before buying off-plan, demand the dimensioned plan of the parking space. Ask the developer to mention the exact dimensions of the access and the space in the contract. If they refuse, it is a warning sign.
• Measure the access before signing the deed of sale. If the property is already built, go on site with a tape measure. Otherwise, ask to see a show flat with a similar parking space.
• On completion, make written reservations. As soon as you notice that your car does not fit, note it on the acceptance report. Send a registered letter to the developer within 30 days.
• Consult a lawyer lawyer if the developer refuses to settle. A well-drafted formal notice can resolve the situation without litigation. The cost of an initial consultation (about €150) is quickly recovered.

Further Analysis: Related Case Law and Developments

This decision is part of a line protecting buyers. Already in 2012 (Civ. 3e, 7 November 2012, no. 11-23.964), the Court of Cassation ruled that insufficient ceiling height in a parking lot constituted unfitness for purpose. Here, it extends the principle to access width.

Since 2015, the courts have become increasingly strict. For example, the Aix-en-Provence Court of Appeal condemned a developer for a parking space that was too short (insufficient length for a family car) in 2018. The trend is clear: the judge protects the normal use of the property.

Warning: some developers try to insert limitation clauses in the contract, such as 'space reserved for light vehicles'. But the Court of Cassation could consider them abusive if they are not clear and precise. So it is better to check.

What You Absolutely Must Remember

FAQ:

Q: Can I obtain compensation if my parking space is too narrow, even if I bought it 8 years ago?
A: Yes, if you are within the 10-year period from acceptance of the works. Act quickly.

Q: What if the developer has gone bankrupt?
A: You can claim against the structural damage insurance or the financial guarantor (if VEFA). Consult a lawyer.

Q: Does the decision apply to rented parking spaces?
A: Indirectly, yes. The landlord must deliver a property fit for its purpose. Otherwise, the tenant can request a rent reduction.

Q: How much does a procedure cost?
A: Count €2,000 to €5,000 in lawyer fees for interim proceedings, and €5,000 to €15,000 for a full trial. But damages can cover these costs.

Q: Can I resell the space as is?
A: Yes, but you must inform the buyer of the defect, which will lower the price. Better to solve the problem first.

Are you in a similar situation? A 30-minute initial consultation with Maître Zakine (€45) can save you months of proceedings — and often much more. Book an appointment →