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The purchaser must respect rules which do not necessarily appear in the act of purchase

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In certain acts of real estate purchasesthe purchaser can oblige himself to respect rules which are not recalled in the notarized deed of purchase, ruled the Court of Cassation, in a decision of July 13 (Cass. Civ 3, 13.7.2023, P 22-13.233). This is particularly the case when purchasing a house to be built in a group of dwellings where there are general regulations, indicated the Court, because everyone is supposed to know these regulations of the residential complex published in the office of land registration.

The Court ruled in a case between two neighbors who had each acquired a house to build 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 sells in lots of houses built or in a 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 applicable to successive 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, are not binding on him, they were told, since there is no mention of them in the notarial deed he signed. for this “sale in the future state of completion”. Neither in the text of the act, nor in its annexes.

Seized 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 registration office open to the public.

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