Co-ownership: a landlord cannot hold his tenant responsible for works he authorised

Having recently moved into a Parisian premises in the 10th arrondissement, Mr and Mrs Y undertook, with the consent of their landlord, to knock down a wall to extend their shop. A few weeks later, a formal notice from the managing agent accompanied by a complaint from the landlord landed on them: the works were allegedly contrary to the co-ownership rules. They were thus accused of a fault they had not even suspected. Their mistake? Not having known that the building was under a co-ownership regime. The question that haunts all owner-landlords then arises: can a tenant be blamed for an infringement of the co-ownership rules when the landlord himself authorised the works?

The Cour de cassation answers in the negative in this ruling of 3 March 2004, and vigorously so. The co-owner-landlord cannot make the tenant bear the consequences of his own ignorance of the collective obligations. The tenant's ignorance, fostered by the landlord's silence, bars any action for liability.

Behind this decision lies a much broader rule: one who gives consent cannot later turn against the person who carried out the authorised work, unless he has clearly informed that person of the legal limits to be respected. This principle, applied daily in property law, deserves to be clarified to avoid costly misunderstandings.