Real estate

The legal framework for compensating commerciality titles According to Article L 631-7 paragraph 6 of the French Construction and Housing Code, amended by Law No. 2014-366 of 24 March 2014 on access to housing and renovated urban planning, known as the "ALUR Law":...

Impacts and Considerations The law on housing, development and digital development introduces significant changes that impact the right of individuals to rent accommodation throughout the year. Our expert in real estate law will decipher these changes for you. The...

Impact of housing laws  The consequences of housing laws have led individuals to explore the possibility of renting out their properties on various online platforms. The result is a flourishing dynamic of supply and demand, which benefits rental companies and attracts...

In response to an overly liberal jurisprudential conception of the interest in acting in matters of town planning, the legislator defined its contours in 2013 (article L. 600-1-2 of the town planning code). Codification of the interest in contesting planning...

Rental Charges It is important that landlords and tenants are aware of these regulations to ensure a fair distribution of costs. By understanding their respective obligations, they can avoid any disputes or misunderstandings regarding compensation and expenses related...

1- Review the Hoguet law It was believed that the government was done with the legislation on real estate since the vote, on March 27, 2014, of the Alur law . But it's nothing. As she indicated to the national congress of the Federation of real estate agents (FNAIM),...

ALUR LAW After regulating rents in certain urban areas, the Government has introduced other measures in favor of tenants as well as modifications to the operation of  condominiums  . The Alur law on real estate introduces important changes for tenants and landlords....

Law No. 2014-366 of March 24, 2014 for access to housing and renovated town planning, known as the ALUR law , has considerably increased the list of documents to be attached to the promise of sale or, in the absence of a promise, to the deed of sale of co-ownership...

Law No. 2014-626 of June 18, 2014 relating to crafts, trade and very small businesses, known as the “ Pinel law ”, reformed the status of commercial leases. One of the major changes is The distribution of rental charges between the lessor and the lessee.Until then,...

REAL ESTATE TAXATION A few months ago, our Firm won its case against the Tax Administration, which discriminated between Swiss citizens and French citizens in the context of the taxation of real estate capital gains realized on French soil (see our article:...

Reaching 300 pages and addressing a multitude of various issues, the text was soon to be called a “river law” or even a “legislative cathedral”, to avoid the simple expression of “catch-all law”. Complexity and Challenges of the Duflot Law Obviously, such qualifiers...

Precise Subdivision Regulations With regard to plantations, subdivision regulations prevail over the rules of the civil code, but they must nevertheless be precise enough to be applied. The Court of Cassation has just approved a court of appeal which had rejected the...

Right of residence  According to the Court of Cassation, when a student rents furnished accommodation, it is considered to be their main residence, regardless of the stipulations of the lease. The student has the right to terminate the lease at any time, provided that...

Mixed-Use During the term of a mixed-use lease, the tenant is not obligated to use the premises for both residential and professional purposes. However, the right to renew the lease is contingent upon the tenant at least partially occupying the premises as their main...

Protection of tenants A company that owns a building and intends to sell it in separate lots has notified the tenants of the accommodation of an offer to sell under article 10 of the law of 31 December 1975. However, the tenants , invoking the mandatory collective...

Precautions to take when buying an apartment Buying an apartment should not be taken lightly. Before you begin, there are a few important things to know. What precautions should be taken? The property environment In addition to the traditional checks on the...

In a ruling handed down on July 27, 2012, the Council of State ruled that the provisions of a local planning document (former POS or PLU) which prohibit in principle or limit the faculty recognized for any owner to subdivide his land are illegal. Their authors do not...

Law no. 2012-955 of August 6, 2012 aimed at repealing law no. 2012-376 of March 20, 2012 relating to the increase in building rights has been published. Law No. 2012-376 of March 20, 2012 on the increase in building rights increased by 30% until January 1, 2016...

As soon as it forms an inseparable whole with the adjacent technical installations of a gross surface area (SHOB) greater than two square meters, a relay antenna higher than twelve meters must be preceded by the issuance of a building permit. Grégory Damy , nice town...

Construction expenses and capital gain calculation In the context of a real estate sale, the  calculation  of the capital gain consists of determining the difference between the sale price and the acquisition price, as provided for in article 150 V of the CGI (CGI...

The text aims to limit the increase in rents both when re-letting vacant accommodation and when renewing the lease. The entry into force of the decree is set for one year on August 1, 2012, in 27  urban areas  . Decree No. 2012-894: Limitation of rent increases for...

Delivery of furniture and retention of title clause The delivery of furniture is  governed  by article L. 624-16 of the Commercial Code and article 1606 of the Civil Code. According to these provisions, if the buyer already had the furniture in his possession in...

Mandate limits: intermediate operation or specific operation In real estate transactions, the scope of the mandate entrusted to a real estate agent plays a crucial role. According to Article 72, paragraph 3, of Decree No. 72-678 of July 20, 1972, if a mandate includes...

Status of commercial leases for long-term occupancy In a judgment rendered on June 13, 2012, the 3rd civil chamber of the Court of Cassation reaffirms established case law. According to Article 145-5 of the  Commercial  Code , it specifies that a tenant who initially...

Ricordiamo che dal 2007 lo Stato ha l'obbligo di fornire un alloggio alle persone bisognose  . Questa è la legge di Dalo. Quali sono le condizioni di accesso per  beneficiare  di questo diritto? Come registrarsi? È efficace? Il principio di sistemazione esecutiva La...

If your land is landlocked, it is sometimes impossible to access a public road. Going through your neighbour's fund may therefore be necessary. How do I get a right of way ? What are the steps to follow to obtain this right?   Your rights:The owner whose land is...

A new construction deprives you of sunshine or obstructs your view… What are your options? REGULATIONS   Everyone is free to build on their land. The limits are twofold. Firstly, compliance with town planning rules : height of the building, depth, aesthetics,...

Usufruct rights! The usufructuary has the right to enjoy property belonging to others and to receive the income therefrom. This right is always temporary, the bare owner holding full ownership of the asset upon expiry of the usufruct. Bare ownership and usufruct Full...

Co-ownership contract! Works and co-ownership do not always go hand in hand! Depending on whether you plan to paint a door or knock down a wall, do you need the  agreement  of the co-owners? Inside my house All light decoration and fitting out work is possible. It is...

The builder of your home has gone bankrupt. What are your remedies? How to obtain the continuation of the construction site? Can we choose our new builder Make sure he's gone bankrupt If you notice that the construction site of your house has been abandoned, you must...

Free fence! You may want to separate your property  from that of your neighbor with a fence, but can you do so freely? Are there any rules to follow? What to do in case of disagreement with his neighbor? The prior obligations to be respected Each owner has the right...

You want to secure a real estate transaction The importance of the preliminary contract. The use of a preliminary contract is not obligatory but allows you to save time to prepare for the final sale. This document must be drafted by a real estate professional (a...

Hidden flaws ! Termites, fragile foundations, cracks… It is not uncommon to have unpleasant surprises after a property purchase. If it is a hidden defect, you may be able to obtain  compensation  from the seller. What is a hidden defect A latent defect meets several...

Termination of the contract ! Is it possible, after signing a sales agreement  , to reconsider one's decision and obtain the cancellation of the sale? A sales agreement is equivalent to a sale This is a written preliminary contract by which the seller undertakes to...

Dilemma of expropriation! The expropriation procedure is long and complex. It comprises three main phases during which your possibilities of intervention are real. The procedure It is long and complex and is always done on the initiative of the State, for a cause of...

Acquisition of land! Before acquiring land, it is important to check a few points. Is the land  buildable  ? Is it located in a noisy area? Appreciate the ENVIRONMENT of the earth Before acquiring land, you must first ensure that the area allows the  construction  of...

A party wall separates two  neighboring properties. It is built at the common expense of the owners. Even if the wall is adjoining, it is possible to carry out work under certain conditions. Maintenance work is the responsibility of each owner, unless it results from...

Prerequisites for renting! When looking for an  apartment  , future tenants may be surprised by the requirements of landlords. Earning 4 times the amount of the rent, being on a permanent contract, having a French guarantor… Are all these criteria legal? At the...

Conclusion of the lease! If he warns his tenant 6 months before the end of the lease, the owner can impose new  conditions  , or even recover the accommodation... Raise the rent At the end of the lease, the lessor can ask for a rent increase. This must be done under...

Building negligence! If your  building  is poorly maintained, you have the right to require your landlord to do the necessary work. Notify the owner If you rent an apartment in a condominium building  , the landlord is responsible for maintaining your entire...

Roommate instructions! Before sharing, it is  recommended  to take certain precautions. How to protect yourself well vis-à-vis the landlord and other tenants? Check if there is a solidarity clause Roommate instructions! Before signing the lease, the joint tenants must...

Advice from the owner ! Before renting out his  roommate  , the owner must take a few precautions. Choice of tenants, deposit, protection in the event of insolvency… The choice of roommates In the case of joint ownership, the  owner  can ask each of the joint tenants...

Building surveillance! The condominium wants  to install  a surveillance camera in your building… Is it legal? Who can authorize its installation and what can it film? Is it legal? It is possible to install a surveillance camera in a condominium building, but only...

Energy rating! The energy performance diagnosis (EPD) provides information on the environmental impact of a building. It is mandatory in certain real estate transactions. What is this for ? The energy performance diagnosis (EPD) makes it possible to estimate the...

If you want to build, how can you protect yourself in the event of possible damage or delays in the work? Is there any special insurance to take out?   A very detailed quote It is best to ask for quotes from several companies to be able to compare. The estimate...

This model request aims to ask the Execution judge for authorization to register a provisional judicial mortgage on the real estate of an adversary, to obtain security and a guarantee of his claim. The objective is to ask the judge to provisionally assess the debt in...