Do not appear on the list of

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

The situation

Do not appear on the list of recoverable service charges exhaustively listed by decree the financing and depreciation costs of heating and domestic hot water supply installations in a residential building. Thereupon, a Court of Appeal: - correctly holds that the arrangement whereby the tenants of a collective building bear the financing or repayment costs of the price of the heating installations belonging to the company with which they were personally required, under the terms of their lease, to enter into a heat supply contract constitutes an evasion of a mandatory statutory provision (judgment no. 1) ;. - correctly infers that the tenants of a property complex do not have to bear the repayment of the investment and depreciation costs of major equipment incurred by a company that had been instructed by the lessor to supply them with heating and domestic hot water and to collect directly from them the charges that it invoiced them (judgment no. 2).

What the law says

This decision confirms the fundamental principles of property law.

Points to remember

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

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.