Violates Articles 1147 and 1315 of the

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

The situation

Violates Articles 1147 and 1315 of the Civil Code, by reversing the burden of proof, a Court of Appeal which allows the project owner's claim for repair of defects including value added tax (VAT) on the ground that the builders do not prove that the owner meets the conditions to recover VAT, whereas the architects argued that the teaching activity carried on by the project owner was not exempt from payment of VAT and that he had the possibility of recovering it by invoicing this tax to his clients.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly observe the statutory time limits for legal action.
• Keep all your supporting documents (title deeds, instruments, correspondence).
• Anticipate: preventive advice always costs less than litigation.

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