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Violates the provisions of Article L
Droit Foncier

Violates the provisions of Article L

📅 Decision of 20 October 1993🔄 Updated on 17 October 2026⚖️ Cour de cassation👁️ 28 views📖 2 min read

The Court of Appeal violates the provisions of Article L. 631-7 of the Building and Housing Code when it annuls the resolution of an extraordinary general meeting of a property allocation company, which modifies the rules provided for by Article L. 212-2 of the Building and Housing Code, stipulating that the building is for residential use except for the ground-floor shops, and when it decides that the entire building may be used for commercial purposes and the apartments for office use, regardless of any actual and physical conversion of the premises, whereas that decision did not exclude the application of legislation requiring prior administrative authorisation to change the use of residential premises.

Reference decision: cc • N° 91-13.357 • 1993-10-20 • View the decision →

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

The situation

The Court of Appeal violates the provisions of Article L. 631-7 of the Building and Housing Code when it annuls the resolution of an extraordinary general meeting of a property allocation company, which modifies the rules provided for by Article L. 212-2 of the Building and Housing Code, stipulating that the building is for residential use except for the ground-floor shops, and when it decides that the entire building may be used for commercial purposes and the apartments for office use, regardless of any actual and physical conversion of the premises, whereas that decision did not exclude the application of legislation requiring prior administrative authorisation to change the use of residential premises.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • Strictly comply with the legal time limits for appeals
  • Keep all your supporting documents (title deeds, deeds, correspondence)
  • Plan ahead: preventive 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: 91-13.357
  • Court: Cour de cassation
  • Decision of: 20 October 1993

Keywords

droit immobilierjurisprudencefoncier
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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