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The decree of 29 December 1972, adopted in
Droit Foncier

The decree of 29 December 1972, adopted in

📅 Decision of 15 August 2026🔄 Updated on 11 October 2026⚖️ Cour de cassation👁️ 17 views📖 2 min read

The decree of 29 December 1972, adopted pursuant to the Act of 16 July 1971 as amended by that of 11 July 1972, limited to 5% the amount of the deposit that may be demanded from the client by the builder upon signature of the contract for the construction of an individual house; the percentage thus defined is a maximum applicable regardless of the conditions for determining the price agreed between the parties (1).

Reference decision: Court of Cassation • No. 76-92.921 • 1977-06-27 • View the decision →

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

The situation

The decree of 29 December 1972, adopted pursuant to the Act of 16 July 1971 as amended by that of 11 July 1972, limited to 5% the amount of the deposit that may be demanded from the client by the builder upon signature of the contract for the construction of an individual house; the percentage thus defined is a maximum applicable regardless of the conditions for determining the price agreed between the parties (1).

What the law says

This decision confirms the fundamental principles of property law.

Points to remember

  • Strictly comply with the legal deadlines for appeals
  • Keep all your supporting documents (title deeds, instruments, 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: 76-92.921
  • Court: Cour de cassation

Keywords

droit immobilierjurisprudencefoncier
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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