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When the authority exercises its
Droit Immobilier

When the authority exercises its

📅 Decision of 03 April 2025🔄 Updated on 5 October 2026⚖️ Cour de cassation👁️ 29 views📖 2 min read

When the authority exercises its right of pre-emption on a unit in a building in co-ownership located within the perimeter of a deferred development zone, the price of the property, determined on the basis of its condition on the day of the first-instance judgment, takes into account the condition of the private areas and the common areas, even if the deterioration of the latter results from the cessation of all renovation and maintenance works after the creation of the deferred development zone

Reference decision: Court of Cassation • No. 23-23.206 • 2025-04-03 • View the decision →

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

The situation

When the authority exercises its right of pre-emption on a unit in a building in co-ownership located within the perimeter of a deferred development zone, the price of the property, determined on the basis of its condition on the day of the first-instance judgment, takes into account the condition of the private areas and the common areas, even if the deterioration of the latter results from the cessation of all renovation and maintenance works after the creation of the deferred development zone

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, contracts, correspondence)
  • Anticipate: preventive legal 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: 23-23.206
  • Court: Cour de cassation
  • Decision of: 03 April 2025

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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