Court-appointed expert (expert judiciaire)

The expert judiciaire (court-appointed expert) is not a judge, nor an arbitrator, nor the adviser of one party. He is a specialist whom the court appoints when the outcome of the case depends on a question it cannot decide alone: how much is this building worth, what is the renewal rent of these premises, what loss of value has this construction caused. He carries out his engagement personally, in compliance with the adversarial principle, and files a report whose weight the judge assesses freely.

The title is reserved for persons registered on a list drawn up by a Court of Appeal, after verification of their competence, experience and good standing, for a probationary period of three years and then for five-year periods. In property valuation, the nomenclature provides heading C.18, subdivided into C.18.1 valuation of tangible property (buildings, land, rights in rem), C.18.2 valuation of intangible property (rents, eviction, businesses), C.18.3 shares in property-rich companies and C.18.4 property damage.

Where the rule comes from

The law of 29 June 1971 organises the lists of court experts and protects the title. The decree of 23 December 2004 sets the conditions for registration, re-registration and discipline. The order of 5 December 2022 establishes the nomenclature of headings. Articles 232 to 284-1 of the French Code of Civil Procedure govern the expert appraisal: the judge may appoint any person of his choice to inform him through findings, a consultation or an expert appraisal on a question of fact (article 232); the specialist must carry out his engagement conscientiously, objectively and impartially (article 237); he must never express a view on a point of law (article 238); the judge is not bound by his conclusions (article 246).

The Charte de l’expertise en évaluation immobilière (French property valuation charter, Title I § 4.4) recalls the duties specific to court-ordered appraisals, including compliance with the adversarial principle and personal performance of the engagement.

In a valuation report

The court report follows the terms of reference set by the judgment, point by point. It records the summoning of the parties, the inspection, the documents received, the dires (parties’ written observations) and the answers given to them. It sets out the method, the comparables and the calculation, then answers each head of the terms of reference with a reasoned opinion, refraining from any legal characterisation of the facts. It is filed with the court registry, with an application for taxation of the fees, which are paid out of the deposit lodged by the party designated.

Example

In a dispute over the rent of a renewed commercial lease, the QUIMPER judicial court appoints an expert with the task of determining the rental value of the premises at 1 January 2025 and giving his opinion on whether there has been a material change in the local commercial factors. The expert summons the parties, inspects the premises, receives two dires, and concludes at a rental value of €31,000 against a capped rent of €24,800, describing the changes in the district without ruling on their legal characterisation. The judge then decides the uncapping.

Not to be confused with

The private expert, chosen by one or more parties without the judge’s involvement, and the third-party valuer, whose decision binds the parties by contract. The court-appointed expert binds no one: he informs.