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A company is a de facto developer where it
Droit Immobilier

A company is a de facto developer where it

📅 Decision of 08 April 2009🔄 Updated on 18 October 2026⚖️ Cour de cassation👁️ 41 views📖 2 min read

A company is a de facto developer where it designs a project to renovate a building and divide it into lots, attaches the plans of the lots to be created to the advertising brochure it distributes, on the basis of which the purchasers, whose sole point of contact it is, conclude the purchases, instructs the surveyor and the architect, and itself files the declaration of intention to alienate even though it is not the owner of the building, arranges for another company to be substituted for it to purchase and resell the building by lots, and after the resale, which takes place through that shell company, applies for planning permission.

Reference decision: cc • N° 07-20.706 • 2009-04-08 • View the decision →

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

The situation

A company is a de facto developer where it designs a project to renovate a building and divide it into lots, attaches the plans of the lots to be created to the advertising brochure it distributes, on the basis of which the purchasers, whose sole point of contact it is, conclude the purchases, instructs the surveyor and the architect, and itself files the declaration of intention to alienate even though it is not the owner of the building, arranges for another company to be substituted for it to purchase and resell the building by lots, and after the resale, which takes place through that shell company, applies for planning permission.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • Strictly comply with the legal time limits for lodging appeals
  • Keep all your 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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Legal information

  • Number: 07-20.706
  • Court: Cour de cassation
  • Decision of: 08 April 2009

Keywords

droit immobilierjurisprudenceimmobilier
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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