Division of Condominium Lots: When the Law Does Not Apply (Cass. 3e civ., 3 June 2021, No. 20-16.777)

Reference Decision: Cass. 3e civ. • No. 20-16.777 • 2021-06-03 • View the decision →

Imagine: you are the owner of a flat in Vallauris, in a building from the 1970s. The general meeting votes to divide certain condominium lots to regularise the cadastral situation. But a co-owner challenges this, arguing that the division is subject to a strict law intended to prevent substandard housing. Who is right? Until this decision of the Court of Cassation of 3 June 2021, the answer was unclear. Now the judges have ruled: Article L. 111-6-1 of the Construction and Housing Code, which governs the division of residential premises, does not apply to the division of condominium lots carried out for legal and accounting reasons, without the creation of new dwellings.

This decision, handed down by the Third Civil Chamber, is a victory for the legal certainty of condominiums. It clarifies that the law on the division of dwellings only targets operations that result in the making available of new residential premises. On the other hand, when a lot is divided to make two lots corresponding to parts already distinct in the building (for example, a 'cellar' lot and a 'flat' lot which were artificially combined), it does not fall within the scope of this regulation. Detailed explanation below.

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Practical use cases

Co-owner wishing to divide his lot to sell it separately

Mr Dupont, owner in Vallauris, owns a lot that includes a studio and a cellar. He wants to divide this lot to sell the cellar independently. The general meeting votes on the division. Another co-owner challenges it, invoking Article L. 111-6-1.

Practical application:

Thanks to this decision, Mr Dupont can prove that the division is purely legal: the studio and the cellar are already physically distinct. The law does not apply. He must have the division recorded in the condominium regulations and modify the shares.

Managing agent regularising poorly described lots

The managing agent of a residence in Sophia-Antipolis notes that the condominium regulations describe a lot 'flat with cellar' whereas the cellar is actually a separate lot. He proposes a division to reflect reality.

Practical application:

The division is legal without going through Article L. 111-6-1. The managing agent must convene a general meeting, explain the modification of the shares, and have the vote passed with the required majority. Opposing co-owners cannot invoke this law to block it.

Purchaser of a divided lot without apparent compliance with the law

Mrs Martin buys a flat in Grasse. The deed mentions a lot 'A' which, according to the regulations, is actually the division of a larger lot. She fears that the division is unlawful.

Practical application:

If the division was made to individualise already existing parts, it is valid. The purchaser must check the minutes of the general meeting that authorised the division. In case of doubt, a specialised lawyer will examine whether the division created a new dwelling or not.

Division of Condominium Lots: When the Law Does Not Apply (Cass. 3e civ., 3 June 2021, No. 20-16.777)

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Keywords

Practical use cases

Co-owner wishing to divide his lot to sell it separately

Managing agent regularising poorly described lots

Purchaser of a divided lot without apparent compliance with the law

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