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Only those must be taken into account,
Droit Immobilier

Only those must be taken into account,

📅 Decision of 11 February 2016🔄 Updated on 4 October 2026⚖️ Cour de cassation👁️ 13 views📖 2 min read

Only dwellings capable of being offered for letting and meeting the standards of decency laid down by Decree No. 2002-120 of 30 January 2002 must be taken into account for the purpose of calculating the number of dwellings that render applicable the provisions of Article 10-1, I, A, of Law No. 75-1351 of 31 December 1975.

Reference decision: Court of Cassation • No. 14-25.682 • 2016-02-11 • View the decision →

This decision provides important clarification on your property law. Here is what it changes for you.

The situation

Only dwellings capable of being offered for letting and meeting the standards of decency laid down by Decree No. 2002-120 of 30 January 2002 must be taken into account for the purpose of calculating the number of dwellings that render applicable the provisions of Article 10-1, I, A, of Law No. 75-1351 of 31 December 1975.

What the law says

This decision confirms the fundamental principles of property law.

Key points

  • Strictly comply with the statutory time limits for appeals
  • Keep all your supporting documents (deeds, instruments, correspondence)
  • Plan ahead: preventive advice always costs less 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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Legal information

  • Number: 14-25.682
  • Court: Cour de cassation
  • Decision of: 11 February 2016

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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