Reference decision: cc • N° 11-20.653 • 2012-12-12 • Consult the decision →
This decision provides important clarification on your property law. Here is what it changes for you.
The situation
According to Article L. 771-1, now L. 7211-2 of the Employment Code, referred to in Article 18 of the national collective agreement for caretakers, concierges and building employees of 11 December 1979, in its then applicable version, caretakers, building employees or cleaners of residential buildings are considered to include all persons employed by the owner or by the principal tenant who, living in the building as an incident of their employment contract, are responsible for its security, supervision and maintenance or some of these functions. It follows that an employee engaged under the statutory scheme for caretakers and assigned to the derogatory Category B scheme, which excludes any reference to specific working hours, must be lodged as an incident of his employment contract in the building where he performs his duties, which implies the allocation of a service accommodation.
What the law says
This decision confirms the fundamental principles of property law.
Key takeaways
- Strictly comply with the statutory time limits for appeals
- Keep all supporting documents (title deeds, deeds, correspondence)
- Anticipate: 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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