The application of the provisions of

Reference decision: cc • N° 76-14.288 • 1978-02-21 • Consult the decision →

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

The situation

The application of the provisions of article 30, paragraph 4, of the Act of 10 July 1965 requires the applicant to be a co-owner in indivision of the common equipment element or common parts whose modification is requested. This is not the case of a co-owner who, where the co-ownership regulations declare the lift to be common only to the owners of certain units, in accordance with the option provided by articles 3 and 4 of the said Act, cannot claim any right of ownership or enjoyment of this common equipment element and cannot force its exclusive owners to convert it so as to serve his unit.

What the law says

This decision confirms the fundamental principles of property law.

Points to remember

Strictly observe the legal time limits for appeals
Keep all your supporting documents (title deeds, instruments, correspondence)
Plan ahead: preventive advice is always cheaper than litigation

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Practical use cases

Co-owner on lower floor demands lift extension to his floor

In a six-storey Haussmannian building in Paris, the co-ownership regulations state that the lift is a special common part only for flats on the 4th to 6th floors. Mr. Dupont, owner of a 2nd-floor flat worth €450,000, wants to force the other co-owners to extend the lift downwards at an estimated cost of €80,000 to increase his property value.

Practical application:

The 1978 Court of Cassation decision means that Mr. Dupont, not being a co-owner in indivision of the lift, cannot compel its modification. He should instead negotiate a voluntary agreement with the exclusive lift owners, perhaps offering to bear the full cost, or explore installing a private stairlift. If negotiations fail, he has no legal recourse to force the extension.

First-time buyer unaware of lift restriction purchases flat

Sophie, a first-time buyer, purchases a 3rd-floor flat in a 1930s building in Lyon for €200,000, relying on an estate agent's assurance that she can later connect to the existing lift. After purchase, she discovers the co-ownership regulations designate the lift as common only to owners on the 4th and 5th floors, and the lift owners refuse access.

Practical application:

Under this case law, Sophie has no legal right to demand lift access because she does not co-own the lift. She should have reviewed the co-ownership regulations (règlement de copropriété) before buying. Now, she can try to negotiate a servitude or purchase a share in the lift's ownership from the exclusive owners, or consider selling the flat.

Landlord seeks to add lift across special common parts

Mr. Martin, a landlord with a ground-floor shop in Nice, plans to convert upper floors into residential flats and needs to install a lift through the existing stairwell. The co-ownership regulations were amended in 1970 to designate any future lift as a special common part exclusively for upper-floor residential owners, excluding commercial units.

Practical application:

The 1978 decision prevents Mr. Martin from compelling the residential co-owners to allow him to join their special common lift or create one serving his unit without their consent. He must obtain unanimous approval from all special common part owners or legally challenge the 1970 amendment if it was improperly adopted. Consulting a French real estate lawyer is essential to assess his options.

The application of the provisions of

The situation

What the law says

Points to remember

Legal information

Source

Keywords

Practical use cases

Co-owner on lower floor demands lift extension to his floor

First-time buyer unaware of lift restriction purchases flat

Landlord seeks to add lift across special common parts

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