This decision provides important insight into your family and property rights. Here is what it means for you.

The situation

A French court of appeal, having found that the building permit for a building comprising residential units and commercial units could not have been granted in the absence of a device providing fire resistance in the floor separating the commercial premises from the rest of the building, and that a sprayed asbestos coating had been applied for that purpose to the ceiling of the ground floor, and noting that the co-ownership regulations were silent as to whether the sprayed coating should be classified as a common part or a private part, lawfully justified its decision by ruling that, given the particular safety function performed for the benefit of all the co-owners by this sprayed asbestos coating applied from the outset of the construction, the presumption in Article 3 of the French Act of 10 July 1965 meant that it had to be regarded as a common part.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly observe the statutory time limits for appeals
• Keep all your supporting documents (title deeds, legal instruments, correspondence)
• Plan ahead: preventive legal advice is always less costly than a dispute

For an analysis of your situation: 30-minute consultation for €70 with Maître Perucca.