The Application of Article L

This decision provides important insight into your real estate law. Here is what it changes for you.

The situation

The application of Article L. 231-2 of the Construction and Housing Code, which does not require the builder to systematically carry out soil surveys prior to the signing of construction contracts, the only penalty provided being the impossibility for the builder to demand from the project owner any sums other than those contractually provided for, does not prevent the builder from claiming, on the basis of Article 1382 of the Civil Code, from a third party at fault, the costs of soil surveys that he cannot claim from the project owner.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly comply with the statutory time limits for bringing an action
• Keep all your supporting documents (deeds, instruments, correspondence)
• Plan ahead: preventive advice always costs less than litigation

For an analysis of your situation: a 30-minute consultation at €45 with Maître Zakine.