The co-ownership syndicate which

Reference decision: cc • N° 80-10.595 • 1981-10-13 • Consult the decision →

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

The situation

The co-ownership syndicate seeking demolition of a covering built by a co-owner in violation of the co-ownership regulations, which construction affects the common parts of the building and its external appearance, does not, since it is a breach of a contractual obligation, have to prove any loss.

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

Strictly comply with statutory time limits for appeals
Keep all your supporting documents (deeds, instruments, correspondence)
Anticipate: preventive advice is always cheaper than litigation

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📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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Practical use cases

Enclosing a balcony without syndicate approval

As a co-owner of a flat in a 1960s building in Lyon, you want to enclose your 4 m² balcony with glazing to create extra living space, costing around €8,000. The co-ownership regulations prohibit any modification affecting the building's external appearance without prior consent from the syndicate.

Practical application:

Under this case law, if you proceed without approval and the syndicate demands removal, they won't need to prove financial loss—the breach of the co-ownership regulations is sufficient. Before starting, obtain written authorisation from the syndicate's general meeting to avoid a costly demolition order and potential legal fees.

Unauthorised rooftop terrace by a top-floor owner

A co-owner in a 5-storey Bordeaux apartment block has built a wooden deck and pergola on the flat roof, a common area, spending around €15,000. The work altered the building's silhouette and caused water ingress, but the co-owner refuses to restore the roof.

Practical application:

The syndicate can demand demolition based solely on the breach of the co-ownership regulations, without needing to quantify damages or prove financial loss. As the syndicate, assemble evidence (photos, regulations, expert reports) and instruct a solicitor to seek a court order for removal under the contractual obligation, avoiding prolonged negotiations.

Purchasing a flat with an unauthorised conservatory

You're about to buy a ground-floor flat in Nice with a 12 m² conservatory added in 2015 that extends into the communal garden. The seller claims it was 'always there' but cannot provide syndicate approval, and the co-ownership regulations explicitly forbid private use of common areas.

Practical application:

Before purchasing, demand the seller obtain formal syndicate ratification or negotiate a price reduction to cover potential demolition costs (around €10,000–€15,000). Without approval, the syndicate can compel you, as the new owner, to remove the structure at your expense, with no need to prove loss, as confirmed by this case law.

The co-ownership syndicate which

The situation

What the law says

Key takeaways

Legal information

Source

Keywords

Practical use cases

Enclosing a balcony without syndicate approval

Unauthorised rooftop terrace by a top-floor owner

Purchasing a flat with an unauthorised conservatory

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Maître Zakine, Doctor of Law