In certain acts of real estate purchases, the purchaser can oblige himself to respect rules which are not mentioned in the act, ruled the Court of Cassation.
This is particularly the case when purchasing a house built in a group of dwellings where a general regulation exists, indicated the Court, because everyone is supposed to know these regulations of the residential complex published at the land registry office. The Court ruled on a lawsuit between two neighbors who had each acquired a house built in an area of ten houses created by an SCI.
A housing group is a unique project, developed by a single owner, who obtains a building permit for the whole which he subsequently sold in lots of houses built or in future state of completion. It is therefore distinguished from subdivision which only concerns the sale of building lots, for which each buyer will set up their project and obtain their authorizations.
Restrictions apply to all owners
Owners were protesting because the new construction carried out by the SCI for a future neighbor in the group of homes did not respect the distances provided for by the regulations and hid their view like the sun. They demanded demolition and compensation.
The restrictions on the property rights of this future neighbor, included in the regulations, do not apply to him, they were told, since there is no mention of them in the notarial deed that he signed for this sale in the future state of completion. Neither in the text of the act, nor in its annexes.
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Seizure of their appeal, the Court of Cassation however ruled in favor of the protesters. It does not matter that the notarial deed does not mention this regulation. The restrictions imposed by this regulation on the building are applicable to successive owners since it was published in the real estate file, at the land registry office open to the public.
(Cass. Civ 3, 13.7.2023, P 22-13.233).
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