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Having noted that the Act of 8 June 1999
Droit Immobilier

Having noted that the Act of 8 June 1999

📅 Decision of 04 January 2006🔄 Updated on 7 October 2026⚖️ Cour de cassation👁️ 29 views📖 2 min read

Having noted that the Act of 8 June 1999 makes it mandatory for the sale of a co-ownership unit to provide a parasitic condition report less than three months old on the common parts, a Court of Appeal correctly holds that a managing agent vested by Article 18 of the Act of 10 July 1965 with the power to administer the building and ensure its preservation may, without authorisation from the general meeting, commission such a quarterly report at a low cost enabling immediate action in the event of infestation

Reference decision: cc • N° 04-19.771 • 2006-01-04 • Consult the decision →

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

The situation

Having noted that the Act of 8 June 1999 makes it mandatory for the sale of a co-ownership unit to provide a parasitic condition report less than three months old on the common parts, a Court of Appeal correctly holds that a managing agent vested by Article 18 of the Act of 10 July 1965 with the power to administer the building and ensure its preservation may, without authorisation from the general meeting, commission such a quarterly report at a low cost enabling immediate action in the event of infestation

What the law says

This decision confirms the fundamental principles of property law.

Key points

  • Strictly observe the statutory time limits for appeals
  • Keep all your supporting documents (title deeds, instruments, correspondence)
  • Be proactive: preventive advice always costs less 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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Legal information

  • Number: 04-19.771
  • Court: Cour de cassation
  • Decision of: 04 January 2006

Keywords

droit immobilierjurisprudenceimmobilier

Practical use cases

1

Selling a flat in Paris: quick parasitic report

You own a 2-bedroom flat in a co-ownership building in the 15th arrondissement of Paris and have found a buyer. The notaire informs you that a parasitic condition report (état parasitaire) less than 3 months old is mandatory for the sale, costing around €180. You learn the syndic already commissioned one 6 weeks ago for the entire building, which can be used for your unit.

Practical application:

Thanks to the Cour de cassation ruling of 4 January 2006, your syndic could order this low-cost report without needing a vote from the general meeting. You can request a copy from the syndic at no extra charge, speeding up your sale. Ensure the report is less than 3 months old on the date of the final deed. This proactive approach by the syndic saves you both time and money.

2

First-time buyer in Lyon: outdated termite report

You are purchasing your first home, a studio in a co-ownership residence in Lyon. The diagnostic file includes a termite report dated 4 months ago. You worry it might not meet the legal requirement of being less than 3 months old at the time of signing the sale agreement (compromis de vente).

Practical application:

Based on the 2006 decision, syndics can order quarterly reports without general meeting approval, making it likely that an updated report is available or can be quickly commissioned. Ask the seller or syndic for the most recent report on common parts. If none exists, the syndic can obtain one at low cost (around €150) within days, ensuring your transaction satisfies the law and giving you peace of mind against hidden infestations.

3

Co-owner in Marseille disputes need for urgent pest inspection

You are a co-owner in a 1960s building in the Panier district of Marseille. You've noticed wood damage in the communal staircase that might be termites. Some neighbours oppose spending money on an inspection, arguing it requires a general meeting vote. The syndic is hesitant.

Practical application:

The Cour de cassation ruling confirms that the syndic has the power to commission a parasitic condition report on common parts without prior approval, as long as the cost is reasonable (e.g., under €200). This is part of their duty to preserve the building. You can cite this decision to the syndic and your fellow co-owners, enabling immediate action. If infestation is confirmed, prompt treatment can prevent expensive structural repairs, potentially saving each co-owner thousands of euros.

Maître Cécile Zakine

About the author

Maître Cécile Zakine — Lawyer at the Alpes-Maritimes Bar, Doctor of Law. Every article in this magazine is based on the analysis of a real court decision, commented and put into perspective by Maître Zakine’s team.

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Disclaimer: The analysis presented on this site is for informational purposes only and does not constitute personalised legal advice. For advice tailored to your situation, contact a qualified lawyer.

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