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The Amendment Modifying One of the Elements
Droit Immobilier

The Amendment Modifying One of the Elements

📅 Decision of 30 January 2019🔄 Updated on 14 October 2026⚖️ Cour de cassation👁️ 37 views📖 2 min read

The amendment modifying one of the elements referred to in Article L. 231-2 of the French Construction and Housing Code must be notified in accordance with Article L. 271-1 of the same Code, but the penalty for failure to notify is neither nullity nor unenforceability of that amendment; in that case, the withdrawal period provided for by Article L. 271-1 of the same Code has not begun to run.

Reference decision: cc • No. 17-25.952 • 2019-01-30 • View the decision →

This decision provides important clarification on your property law. Here is what it changes for you.

The situation

The amendment modifying one of the elements referred to in Article L. 231-2 of the French Construction and Housing Code must be notified in accordance with Article L. 271-1 of the same Code, but the penalty for failure to notify is neither nullity nor unenforceability of that amendment; in that case, the withdrawal period provided for by Article L. 271-1 of the same Code has not begun to run.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • Strictly comply with statutory time limits for appeals
  • Keep all your supporting documents (title deeds, instruments, correspondence)
  • Plan ahead: 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: 17-25.952
  • Court: Cour de cassation
  • Decision of: 30 January 2019

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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