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The co-owners' association, which has
Droit Immobilier

The co-owners' association, which has

📅 Decision of 20 September 2026🔄 Updated on 11 October 2026⚖️ Cour de cassation👁️ 31 views📖 2 min read

The co-owners' association, which has standing to bring legal proceedings for the protection of the rights relating to the building, is therefore entitled to claim damages from the contractor who built it for defects affecting the common parts that cannot be repaired in kind.

Reference decision : cc • N° 69-10.058 • 1970-05-29 • View the decision →

This decision provides important insight into property law. Here is what it means for you.

The situation

The co-owners' association, which has standing to bring legal proceedings for the protection of the rights relating to the building, is therefore entitled to claim damages from the contractor who built it for defects affecting the common parts that cannot be repaired in kind.

What the law says

This decision confirms the fundamental principles of property law.

Points to remember

  • Strictly comply with the statutory limitation periods.
  • Keep all your supporting documents (title deeds, contracts, correspondence).
  • Be proactive: preventive advice is always cheaper 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: 69-10.058
  • Court: Cour de cassation

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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