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Case law and methods

Rulings of the French Cour de cassation read in full, and method guides, to understand what matters when valuing a property, a rent or an indemnity. Each article points to the corresponding valuation service.

52 articles

Inheritance, partition and divorce

Property tax on occupied joint property: borne by all co-owners

Cass. 1re civ., 13 January 2016: property tax on a jointly owned property falls on the joint ownership until partition, even if one co-owner occupies it.

Case law · 1 October 2026 · 6 min

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Matrimonial compensation: no extra award for acquisition costs

Cass. 1re civ., 19 October 2016: acquisition costs and the agency fee form part of the contribution, with no compensation beyond the subsisting profit.

Case law · 28 September 2026 · 7 min

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Matrimonial compensation: separate funds proved by any means

Cass. 1re civ., 25 May 2016: a community that received a spouse's separate funds without reinvestment owes compensation, a fact provable by any means.

Case law · 25 September 2026 · 6 min

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French estate partition: no discount for joint or split ownership

Cass. 1re civ., 22 June 2016: when heirs divide an estate, its real property is valued in full ownership, with no discount for joint or split ownership.

Case law · 24 September 2026 · 7 min

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Sole enjoyment in joint ownership: keeping the keys is enough

Cass. 1re civ., 31 March 2016: whoever alone keeps the keys to the only access to joint property has sole enjoyment, the basis of the occupation indemnity.

Case law · 21 September 2026 · 7 min

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Rental investment for savings: not a marriage expense in France

Cass. 1re civ., 5 October 2016: a rental investment financed by one spouse to build up savings does not fall within the contribution to marriage expenses.

Case law · 18 September 2026 · 6 min

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Occupation indemnity after divorce: runs from appeal withdrawal

Cass. 1re civ., 27 January 2016: a spouse housed free during the proceedings owes the occupation indemnity once the divorce is final, here on withdrawal.

Case law · 15 September 2026 · 7 min

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Gift partition and reserved share: real value, not deed figures

Cass. 1re civ., 25 May 2016: the reserved share is computed on the real value of a French gift partition's lots at the deed date, not the stated value.

Case law · 10 September 2026 · 6 min

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Reinvestment: early repayment penalty is not an acquisition cost

Cass. 1re civ., 7 November 2018: the community's share excludes the early repayment penalty; separate funds above that share make the property separate.

Case law · 24 August 2026 · 6 min

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Reduction: the fruits to return, less the donee's own work

Cass. 1re civ., 30 September 2020: the donee returns the fruits of the excess only if the gifted property yielded income at the gift, their work deducted.

Case law · 21 August 2026 · 6 min

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Gifted money bought a property: reduction bears on the property

Cass. 1re civ., 17 October 2019: the sum given having bought a bare ownership, the calculation pool includes that property's value at death.

Case law · 20 August 2026 · 6 min

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Compensation: community paid the equalising sum on bare ownership

Cass. 1re civ., 7 November 2018: when the community paid the equalising sum on a bare ownership, the fraction it financed carries over to full ownership.

Case law · 19 August 2026 · 7 min

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Compensation: separate property partly sold, the profit is shared

Cass. 1re civ., 14 October 2020: separate property paid by the community and partly sold, the share applies to the sale price and to the rest's value.

Case law · 18 August 2026 · 7 min

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Hidden gift of money used to buy a property: value at partition

Cass. 1re civ., 15 December 2021: the heir who hid a gift of money used to buy a property owes its value at the date of partition, not before.

Case law · 17 August 2026 · 6 min

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Loan for use of a home: no indirect advantage to bring back

Cass. 1re civ., 11 October 2017: a home lent free to an heir under a loan for use does not impoverish the deceased and is not brought back to the estate.

Case law · 14 August 2026 · 6 min

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Participation in acquisitions: added value from work counts

Cass. 1re civ., 13 December 2023: a pre-marital business improved by the spouse's work is valued initial then final; the added value is an acquisition.

Case law · 7 August 2026 · 8 min

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Partition for lesion: the claim for works is the added value

Cass. 1re civ., 25 October 2023: lesion is assessed on the estate at its value at the date of partition; a co-owner's claim for works is the added value.

Case law · 6 August 2026 · 6 min

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Housed free by the usufructuary: an advantage to bring back

Cass. 1re civ., 2 March 2022: housed free by his usufructuary mother, the bare owner brings back the rents not received, less maintenance repairs only.

Case law · 5 August 2026 · 7 min

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Co-owner as tenant: a low rent is not an occupation indemnity

Cass. 1re civ., 18 March 2020: a co-owner occupying the jointly owned property under a verbal lease owes no occupation indemnity, even at a low rent.

Case law · 30 July 2026 · 5 min

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Reduction indemnity: value at partition, not at the opening

Cass. 1re civ., 4 November 2020: the article 922 pool is valued when the estate opens, the reduction indemnity on the gifted assets' value at partition.

Case law · 29 July 2026 · 5 min

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Reduction indemnity: without partition, valued at liquidation

Cass. 1re civ., 22 June 2022: with no partition between the universal legatee and the forced heir, the reduction indemnity is computed at its liquidation.

Case law · 28 July 2026 · 7 min

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Reduction indemnity equals the excessive fraction of the gift

Cass. 1re civ., 22 March 2017: the reduction indemnity for a preferential gift is the part above the disposable portion, not the heir's reserve shortfall.

Case law · 27 July 2026 · 7 min

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Separation of property: paying for the home creates a claim

Cass. 1re civ., 9 June 2022: under separation of property, a capital contribution to the family home opens a claim, not a contribution to expenses.

Case law · 2 July 2026 · 9 min

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Gift with a charge: rapport covers only the net benefit

Cass. 1re civ., 16 November 2022: gift with a charge, rapport is the value at partition less the charge at its amount when paid, without revaluation.

Case law · 1 July 2026 · 6 min

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Gift with a care obligation: net benefit in the reserve estate

Cass. 1re civ., 11 October 2017: a gift with a care obligation counts in the reserve calculation only at its net benefit, the donee proving the real cost.

Case law · 30 June 2026 · 6 min

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Claim between spouses: only the creditor spouse's funds count

Cass. 1re civ., 18 January 2017: a wife under separation of property who funded an equalising payment claims on her own funds only, not her mother's.

Case law · 16 June 2026 · 7 min

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Preferential allocation: renouncing while the partition is open

Cass. 1re civ., 29 May 2019: the allottee may renounce if the value rose by more than a quarter, and freely while the judgment is under appeal.

Case law · 9 June 2026 · 6 min

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Reduction of gifts: an asset sold after death is valued at death

Cass. 1re civ., 2 July 2025: the pool for computing the reserved portion takes existing assets at their value at death, not at a later sale price.

Case law · 4 June 2026 · 7 min

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Joint shares sold alone after divorce: apparent price, real value

Cass. 1re civ., 26 March 2025: both spouses must sell community shares after dissolution; a gap between apparent price and real value may be concealment.

Case law · 3 June 2026 · 7 min

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Farmland sold to the tenant son: rapport is measured as let

Cass. 1re civ., 26 March 2025: farmland sold cheaply to an heir is valued at its real value at the date of sale, lease included, even a lease to him.

Case law · 2 June 2026 · 6 min

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Court auction: only if division in kind is impossible

Cass. 1re civ., 5 February 2025: the judge cannot order an auction without checking whether the jointly owned property can conveniently be divided in kind.

Case law · 27 May 2026 · 6 min

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Gift partition with undivided shares: it is a simple gift

Cass. 1re civ., 2 July 2025: an undivided third of a house allotted to children is not a gift partition; a simple gift, brought back at partition value.

Case law · 13 May 2026 · 7 min

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Disguised gift through a share sale: proving the impoverishment

Cass. 1re civ., 10 June 2026: a loan secured on a gifted asset does not impoverish the seller; the heir alleging a disguised gift must prove it.

Case law · 12 May 2026 · 6 min

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Notice to sell a jointly owned home: all co-owners, or nothing

Cass. 3e civ., 2 July 2026: a notice to sell is an offer of sale; served without the consent of every co-owner it is void, with no prejudice to prove.

Case law · 11 May 2026 · 5 min

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Farm held in bare ownership: allocation in bare ownership only

Cass. 1re civ., 30 April 2025: estate held only in bare ownership, so the farming heir is allotted the bare ownership only, and the soulte follows suit.

Case law · 5 May 2026 · 7 min

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Preferential allocation: the farm let to one's company stays let

Cass. 1re civ., 10 December 2025: the heir allocated land let to the farming company she controls pays its let value, as the lease does not disappear.

Case law · 4 May 2026 · 6 min

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Land sold by a signed note between relatives: no just title

Cass. 3e civ., 18 June 2026: a certificate of sale signed by the true owner is not a just title; no ten-year prescription, the plot stays in the estate.

Case law · 1 May 2026 · 6 min

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Occupation indemnity: until partition or return of the property

Cass. 1re civ., 1 July 2026: the occupying co-owner owes the indemnity until partition, or until the property is actually returned to the joint estate.

Case law · 27 April 2026 · 7 min

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Partition fees: gross assets include the concealment claim

Cass. 2e civ., 2 April 2026: the liquidating notary's fee is computed on the estate's gross assets, including the sums a concealing heir must return.

Case law · 16 April 2026 · 6 min

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Gift rapport: property given on again is valued at that date

Cass. 1re civ., 14 January 2026: giving away the property received is an alienation; the rapport is computed on the value at that date, not at partition.

Case law · 1 April 2026 · 6 min

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Joint ownership: a loan repaid by one owner and article 815-13

Cass. 1re civ., 4 March 2026: the heir who repaid the loan on jointly owned property claims under article 815-13, a proportional profit weighed in equity.

Case law · 20 March 2026 · 6 min

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The surviving spouse has a usufruct over bare-ownership assets

Opinion of 20 May 2026: a spouse who opts for the usufruct of all assets receives a second usufruct over assets the deceased held in bare ownership.

Case law · 16 March 2026 · 5 min

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Gift of money invested in a company: rapport at share value

Cass. 1re civ., 1 July 2026: money given to a child who used it to create a company is brought back into the estate at share value, not at face value.

Case law · 12 March 2026 · 6 min

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Matrimonial compensation: personal account funds presumed common

Cass. 1re civ., 25 March 2026: money moved from a spouse's personal account stays presumed common; a compensation claim must prove its separate origin.

Case law · 9 March 2026 · 6 min

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Matrimonial compensation: no personal benefit, nothing owed

Cass. 1re civ., 20 May 2026: common funds paid for the property of an SCI owned only by the husband's sons; no personal benefit, so no compensation is due.

Case law · 6 March 2026 · 6 min

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Preferential allocation: the soulte is due only at partition

Cass. 1re civ., 10 June 2026: the allottee becomes owner only at final partition; the equalising payment is due and bears interest only from that date.

Case law · 18 February 2026 · 5 min

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French life annuity sale: the risk is judged on the day of sale

Cass. 3e civ., 18 January 2023: a death under three months after a French life annuity sale does not remove its element of chance if not inevitable then.

Case law · 16 February 2026 · 6 min

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Usufruct of SCI shares and French wealth tax: a possible discount

Cass. com., 15 February 2023: the usufructuary of all of an SCI's shares declares their full ownership value, but an approval discount must be examined.

Case law · 13 February 2026 · 6 min

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Divorce in France: compensation for works on one spouse's house

Cass. 1re civ., 23 May 2024: compensation to the community for works on a spouse's own property is (A − B) × C/D: two values, with and without the works.

Case law · 4 February 2026 · 5 min

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Divorce in France: home valued at partition, even if run down

Cour de cassation, 1 October 2025: a jointly owned home is valued as it stands at the date closest to partition; occupation indemnity tracks market rent.

Case law · 25 December 2025 · 4 min

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Inheritance in France: gifted land is valued as bare land

Cass. 1re civ., 12 June 2025: for abatement of gifts in a French estate, land given bare is valued bare at the death, not at the sale price of the house.

Case law · 18 December 2025 · 4 min

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Divorce in France: when to value the house, who pays the expert

Partition date, divorce petition date, compensation and equalising payment: the dates that matter when valuing the home in a French divorce, and who pays.

Method · 12 December 2025 · 4 min

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38 articles

Property sales and warranties

Asbestos or termites missed: the surveyor owes the full loss

Cass. 3e civ., 2016: asbestos or termites missed by the French surveyor, the buyer's loss is certain, cost of works and extra cost, not a lost chance.

Case law · 9 September 2026 · 9 min

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Hidden defect: no double recovery of price refund and rebuilding

Cass. 3e civ., 14 December 2017: a buyer who keeps a defective house cannot recover both part of the price and the cost of demolishing and rebuilding it.

Case law · 1 September 2026 · 6 min

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Polluted, unbuildable land: a hidden defect, not non-conformity

Cass. 3e civ., 30 September 2021: with no pollution clause in the deed, land made unbuildable by hydrocarbons is a hidden defect, not a non-conformity.

Case law · 31 August 2026 · 7 min

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Fire-destroyed building not rebuildable on site: market value

Cass. 3e civ., 7 September 2017: a burnt building that cannot be rebuilt as it was on its site is compensated at market value, not at new-build cost.

Case law · 20 July 2026 · 6 min

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Sewer under the house: the condition clause excludes nothing

Cass. 3e civ., 13 February 2025: an undeclared sewer under the house is a non-apparent easement; a clause on the condition and defects does not exclude it.

Case law · 5 June 2026 · 6 min

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Loan requested below the agreed rate: condition deemed fulfilled

Cass. 3e civ., 25 June 2026: applying for a loan below the maximum rate set in the promise is not a compliant application; the condition is deemed met.

Case law · 28 April 2026 · 6 min

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Hidden defect: the cost of works is judged before the price cut

Cass. 3e civ., 22 January 2026: a buyer who claims the cost of works first and a price refund only in the alternative must have the first claim examined.

Case law · 21 April 2026 · 6 min

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Hidden defect known to the seller: market value caps nothing

Cass. 3e civ., 8 January 2026: a seller who knew of the defect owes the cost of rebuilding the property, with no cap at its market value before the loss.

Case law · 14 April 2026 · 7 min

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Water main under the house: hidden easement, indemnity owed

Cass. 3e civ., 8 January 2026: a buried water main, silent in the deed, is a hidden easement to be indemnified; the exclusion clause is read as written.

Case law · 13 April 2026 · 6 min

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Hidden defect: a court appraisal suspends the two-year limit

Cass. 3e civ., 26 March 2026: the two-year limit of the hidden defects warranty is a limitation period, suspended for the whole court-ordered appraisal.

Case law · 7 April 2026 · 5 min

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Public domain land sold: void sale, property tax compensated

Cass. 3e civ., 7 May 2026: public domain land sold without prior declassification is a void sale; the property tax the buyer paid is a loss to be repaired.

Case law · 6 April 2026 · 5 min

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Flood plan approved between promise and deed: an update is due

Cass. 3e civ., 19 February 2026: a risk prevention plan approved between promise and deed requires an updated risk statement, or rescission or a price cut.

Case law · 23 March 2026 · 6 min

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Hidden insulation defect: time runs from the expert's report

Cass. 3e civ., 8 January 2026: the two-year limit for hidden defects runs from the day the buyer learns the cause of the defect, here the expert's report.

Case law · 18 March 2026 · 6 min

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Hidden defect: the damages claim also has two years

Cass. 3e civ., 19 February 2026: a damages claim for a hidden defect, even brought alone by a co-owners' association, stays within the two-year limit of article 1648.

Case law · 17 March 2026 · 5 min

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Concealed foundation works: sale annulled, use to be paid for

Cass. 3e civ., 9 April 2026: hiding works on the foundations annuls the sale, but the buyer must return the value of the use of the house.

Case law · 10 March 2026 · 5 min

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Sale annulled for noise: a lost capital gain must be certain

Cass. 3e civ., 8 January 2026: house sale annulled for undisclosed noise, the lost chance of a resale gain is compensated only if it is certain.

Case law · 4 March 2026 · 5 min

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Seller's fraud: claiming the excess price without annulment

Cass. 3e civ., 28 May 2026: a buyer deceived by the seller who keeps the property can recover the excess price, here 15% of the price, not a mere lost chance

Case law · 23 February 2026 · 5 min

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Hidden defect fixed by a third party: price reduction still open

Cass. 3e civ., 8 February 2023: a hidden defect repaired by the co-owners' syndicate still leaves the buyer a price reduction claim against the seller.

Case law · 17 February 2026 · 6 min

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French social housing rent surcharge: ELAN Act and the 30% cap

Cass. 3e civ., 16 October 2025: the ELAN Act is not retroactive, but the court must answer a tenant who sets his low income against the rent surcharge.

Case law · 12 February 2026 · 6 min

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Rescission for lesion: a compulsory purchase award as evidence

Cass. 3e civ., 16 March 2023: when asked to, the court must examine whether the compulsory purchase award for neighbouring plots makes lesion plausible.

Case law · 6 February 2026 · 6 min

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Rescission for lesion: buyer must opt within a reasonable time

Cass. 3e civ., 5 January 2022: the buyer alone opts to return the property or pay the balance, in the time set by the judgment or else a reasonable time.

Case law · 5 February 2026 · 6 min

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Occupier with no right to stay: indemnity owed until departure

Cass. 3e civ., 14 December 2023: an occupier with no right to stay owes the occupation indemnity until departure, and the court must date the vacating.

Case law · 28 January 2026 · 6 min

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Wrong Carrez measurement: the surveyor can be liable to the buyer

Cass. 3e civ., 5 March 2026: certifying 60.07 m² for 59 m² can make the surveyor liable to the buyer; the lot's WC and maid's room count as Carrez area.

Case law · 27 January 2026 · 6 min

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Cracks filled before the sale: the seller still owes the warranty

Cass. 3e civ., 7 March 2024: cracks filled in before a sale remain a hidden defect, and a seller who knew of them cannot rely on the no-warranty clause.

Case law · 19 January 2026 · 7 min

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Missing floor area: the architect must see the plans are followed

Cass. 3e civ., 7 November 2024: an architect with a full assignment must see the plans are followed, measuring assignment or not; lost profit recoverable.

Case law · 12 January 2026 · 6 min

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Undervaluation by the estate agent: the value gap must be proved

Cass. 3e civ., 19 September 2024: blaming the agent for an undervaluation requires proof of the value gap; the flood zone justified the price agreed.

Case law · 6 January 2026 · 5 min

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Incorrect energy certificate: lost chance to negotiate the price

Cass. 3e civ., 17 October 2024: a French DPE is informative only. A false insulation figure costs the buyer a chance to negotiate the price, set at 50 %.

Case law · 2 January 2026 · 5 min

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Non-compliant drainage in France: hidden defect and price refund

Non-compliant drainage discovered after buying a French property: what the hidden defect warranty allows, with the Paris Court of Appeal ruling of 2017.

Case law · 4 December 2025 · 7 min

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Builders' liability in France: legal grounds and awards

Builders' liability in France: intermediate defects, proven fault, insurer's cover and how the judge must value the loss, per a Cour de cassation ruling.

Case law · 18 November 2025 · 5 min

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Prefer a quote to a flat-rate deduction: French pre-emption case

Flat-rate deduction or quote for works or decontamination: what a 2022 PARIS Court of Appeal pre-emption ruling shows about proving costs in French courts.

Case law · 7 November 2025 · 5 min

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Leaseback in France: can a Pierre & Vacances sale be cancelled?

Can a French tourist-residence leaseback be cancelled for fraud when the rent falls at lease renewal? What the Paris Court of Appeal ruled in 2020.

Case law · 31 October 2025 · 5 min

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Reserve price in a French property foreclosure: how it is set

Reserve price in a French property foreclosure: who sets it, why it is often half the market value and what a valuation report changes, from a 2020 ruling.

Case law · 30 October 2025 · 5 min

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Cancelling a French off-plan purchase for an overvalued price?

Cancelling a French off-plan purchase for an overvalued price: the proof the Paris Court of Appeal requires and the role of an expert valuation report.

Case law · 28 October 2025 · 6 min

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Avoiding property foreclosure in France: what the judge expects

Avoiding property foreclosure in France: sell early at market value, prove the value with an expert report and show the judge a sale is imminent.

Method · 24 October 2025 · 5 min

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Tax incentive property in France: check the real value first

Tax incentive property in France: why an error on the price does not void the sale, the checks before buying, and a 2017 Paris Court of Appeal case.

Case law · 23 October 2025 · 6 min

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Damp wall after buying in France: does the price reflect it?

Damp wall found after buying in France: when it is a hidden defect, how the court compares price paid with market value, and why the expert report matters.

Case law · 22 October 2025 · 4 min

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Selling below value in France: the seller is deemed to know

Selling a French commercial building below its value: lesion, derisory price, fraud and their time limits, with a Paris café-hotel case decided in 2018.

Case law · 21 October 2025 · 6 min

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Cancelling a property sale in France for a price far too low?

Cancelling a sale at a low price in France: serious price, lesion and fraud, time limits and the weight of a valuation report, from a 2017 ruling.

Method · 20 October 2025 · 5 min

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22 articles

Commercial rent

Triennial rent review after renewal: base index at effective date

Cass. 3e civ., 8 September 2016: after renewal, the three-yearly rent review starts from the index at the lease effective date, not when the rent fell due.

Case law · 30 September 2026 · 7 min

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French commercial rent review: the quarter counts from renewal

Cass. 3e civ., 15 December 2016: once a French commercial lease is renewed, the one-quarter variation of article L. 145-39 runs from the new lease's rent.

Case law · 29 September 2026 · 7 min

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Turnover rent: the judge sets the minimum if the lease says so

Cass. 3e civ., 2016 and 2018: the judge sets the turnover rent minimum at rental value if the lease so provides; 2026: not without the parties' intention.

Case law · 23 September 2026 · 7 min

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French lease born of short-term leases: two years to set the rent

Cass. 3e civ., 7 July 2016: for a lease born of short-term leases, the action to set the rent is time-barred two years after the claim to the statute.

Case law · 3 September 2026 · 6 min

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Emphyteutic long lease: rent review cannot track rental value

Cass. 3e civ., 8 September 2016: the rent of a French emphyteutic lease cannot be reviewed to rental value, which has no place in that contract.

Case law · 2 September 2026 · 6 min

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Commercial rent review in France: the floor clause is unlawful

Cass. 3e civ., 30 March 2017: a commercial tenant in France cannot waive a downward rent review in advance; a floor clause barring it is unlawful.

Case law · 26 August 2026 · 7 min

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Single-use premises rent: no allowance for tenant improvements

Cass. 3e civ., 5 October 2017: the renewal rent of single-use premises follows trade practice, with no allowance for the tenant's improvements.

Case law · 4 August 2026 · 6 min

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Uncapped rent smoothing: 10% a year, the parties set the schedule

Cass., opinion, 9 March 2018: an uncapped French commercial rent rises in fixed 10% annual steps; the parties, not the judge, draw up the schedule.

Case law · 3 August 2026 · 6 min

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Rent uncapping: tenant's works and interest from the summons

Cass. 3e civ., 9 September 2021: non-improvement works by the tenant that materially change the premises uncap the rent; interest runs from the summons.

Case law · 26 June 2026 · 6 min

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Rent uncapping: terrace on public land, local commercial factors

Cass. 3e civ., 13 October 2021: a terrace enlarged on public land does not change the premises let, but may alter local commercial factors and uncap rent.

Case law · 25 June 2026 · 6 min

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Rent uncapping: a rent fixed by settlement is enough on its own

Cass. 3e civ., 15 February 2018: a rent fixed by amendment during a French commercial lease, ending a judicial review, justifies uncapping on its own.

Case law · 24 June 2026 · 7 min

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Turnover rent: the judge looks for the parties' common intention

Cass. 3e civ., 30 May 2024: without an express clause, the rent judge still looks for whether the parties to a turnover rent wanted rental value.

Case law · 28 May 2026 · 8 min

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Indexation clause unwritten: the refund ignores the indexation

Cass. 3e civ., 23 January 2025: an unwritten indexation clause never existed; the last five years' overpayment is computed on the rent due without it.

Case law · 7 May 2026 · 8 min

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Commercial rent: an unlimited flat-rate rise is deemed unwritten

Cass. 3e civ., 3 September 2026: a clause raising the rent of a French commercial lease at a flat rate, with no cap and no time limit, is deemed unwritten.

Case law · 8 April 2026 · 6 min

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Commercial lease: twelve years and one day, the rent is uncapped

Cass. 3e civ., 9 July 2026: renewal requested during tacit extension takes effect the next quarter. One day past twelve years, the rent is uncapped.

Case law · 20 February 2026 · 6 min

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Rent paid in advance does not lower the renewal rental value

Cass. 3e civ., 7 May 2025: advance rent and deposit beyond two rent instalments do not in themselves lower the renewal rental value of a French lease.

Case law · 26 January 2026 · 6 min

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New statutory duty on the landlord: a ground for rent uncapping

Cass. 3e civ., 23 January 2025: a landlord's new statutory duty, here co-owner liability insurance, may justify uncapping a French commercial lease rent.

Case law · 17 December 2025 · 6 min

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Local commercial factors: a potential effect on trade is enough

Cass. 3e civ., 18 September 2025: to uncap a French commercial rent, a material change in local factors need only be capable of favouring the business.

Case law · 16 December 2025 · 6 min

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French commercial lease beyond twelve years: no rent smoothing

Cour de cassation, 16 October 2025: the 10 % a year rent smoothing does not apply to a nine-year commercial lease tacitly extended past twelve years.

Case law · 15 December 2025 · 4 min

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Commercial rent uncapping in France: four ways out of the cap

Commercial rent uncapping in France: the four cases where the renewal rent is set at market rent, how it is calculated and the 10 % a year smoothing.

Method · 10 December 2025 · 5 min

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French commercial lease: can rent rise automatically each year?

Flat-rate annual rent rise in a French commercial lease: the Cour de cassation ruling of 22 June 2022, the difference from indexation, effect on value.

Case law · 27 November 2025 · 6 min

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French commercial rent uncapping: tramway and changing customers

Commercial rent uncapping in France: how a tramway line and a changing customer base justified a rent of €49,324 (Orléans Court of Appeal, 4 April 2019).

Case law · 20 November 2025 · 5 min

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26 articles

Eviction and occupation indemnity

Replacement premises offered must exist when notice is served

Cass. 3e civ., 14 January 2016: premises offered by a landlord who rebuilds must exist when notice is served; a building site and a plan are not enough.

Case law · 22 September 2026 · 6 min

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Occupation indemnity during site restoration: the lease rent

Cass. 3e civ., 23 June 2016: a tenant staying on after its own notice to restore a classified site owes an occupation indemnity based on the lease rent.

Case law · 16 September 2026 · 7 min

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Trade register entry must cover the activity actually carried on

Cass. 3e civ., 22 September 2016: a tenant registered for an activity it does not carry on may lose eviction compensation without formal notice.

Case law · 14 September 2026 · 6 min

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Withdrawing a renewal offer for cause: time runs from discovery

Cass. 3e civ., 9 November 2017: time for a landlord's action to withdraw a renewal offer for serious cause runs from the day it learned of the breach.

Case law · 25 August 2026 · 7 min

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Right to remain lost: a harm separate from eviction compensation

Cass. 3e civ., 30 November 2017: a tenant deprived of the right to remain before eviction compensation is paid suffers a distinct loss, valued separately.

Case law · 10 August 2026 · 6 min

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Occupation indemnity: rental value applies, rent cap does not

Cass. 3e civ., 17 June 2021: a French commercial tenant holding over after a refusal to renew owes an occupation indemnity at rental value, no rent cap.

Case law · 24 July 2026 · 6 min

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Relocated for less, the leasehold right lost still has a value

Cass. 3e civ., 13 October 2021: the leasehold right of the premises left must be valued, even if the tenant moved to equivalent premises at a lower rent.

Case law · 23 July 2026 · 7 min

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Eviction compensation: the usufructuary pays, not the bare owner

Cass. 3e civ., 19 December 2019: the usufructuary, sole landlord, alone owes eviction compensation, even if the bare owner co-signed the refusal to renew.

Case law · 22 July 2026 · 7 min

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Eviction compensation: ancillary sums repaid without relocation

Cass. 3e civ., 28 March 2019: res judicata does not bar a landlord from reclaiming reinvestment, disruption and removal sums if the tenant never relocated.

Case law · 21 July 2026 · 6 min

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Denial of lease status after option: until compensation is set

Cass. 3e civ., 7 September 2017: a landlord that exercised its option and offered eviction compensation may deny lease protection until it is finally set.

Case law · 23 June 2026 · 6 min

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Fire: works costing more than the premises, lease terminated

Cass. 3e civ., 8 March 2018: where works cost more than the value of the premises let, the loss is treated as total; the lease ends by operation of law.

Case law · 11 June 2026 · 6 min

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Lease annulled, premises unfit for use: no occupation indemnity

Cass. 3e civ., 3 November 2021: a lease annulled over premises unfit for their contractual use leaves the tenant owing no occupation indemnity at all.

Case law · 10 June 2026 · 6 min

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Tenant's right of first refusal: nullity and a two-year limit

Cass. 3e civ., 18 December 2025: a sale in breach of a commercial tenant's right of first refusal is void, and the action is time-barred after two years.

Case law · 15 May 2026 · 7 min

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Tenant's right of first refusal: a grouped sale needs one owner

Cass. 3e civ., 6 November 2025: the single sale that excludes a French commercial tenant's right of first refusal requires one owner, not just one deed.

Case law · 14 May 2026 · 6 min

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Modified renewal offer: it is a refusal, compensation is due

Cass. 3e civ., 11 January 2024: a notice offering renewal on different terms, other than the price, is a refusal of renewal; eviction compensation is due.

Case law · 8 May 2026 · 6 min

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Tourist residence: the operator keeps its eviction compensation

Cass. 1re civ., 17 June 2026: the operator's waiver of eviction compensation is unwritten; the notary who did not warn the buyer owes a lost chance.

Case law · 30 April 2026 · 6 min

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Premises sold to a family SCI: the tenant keeps first refusal

Cass. 3e civ., 5 March 2026: selling commercial premises to a company formed by the landlord and his children does not remove the tenant's first refusal.

Case law · 9 April 2026 · 6 min

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Eviction compensation: once time-barred, the tenant has no title

Cass. 3e civ., 12 February 2026: the landlord's bad faith does not suspend the two-year limit, and a time-barred tenant becomes an occupier without title.

Case law · 3 March 2026 · 6 min

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Lease over public land: void, but the use must be paid for

Cass. 3e civ., 21 May 2026: a commercial lease over public land is void, but a landlord who actually provided the premises gets restitution in value for the use.

Case law · 19 February 2026 · 5 min

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Occupation indemnity: property tax passed to tenant lowers it

Cass. 3e civ., 29 January 2026: property tax passed to a commercial tenant without consideration lowers the rental value setting the occupation indemnity.

Case law · 23 January 2026 · 6 min

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Occupation indemnity: backdated to lease expiry after the option

Cass. 3e civ., 27 February 2025: after the landlord's option, the occupation indemnity at rental value retroactively replaces the rent from lease expiry.

Case law · 22 January 2026 · 6 min

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Eviction compensation in France: the tenant has two years to act

Cass. 3e civ., 12 February 2026: the two-year limit runs from the notice's effective date. The landlord's appraisal suspends it for the landlord alone.

Case law · 21 January 2026 · 5 min

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Eviction compensation in France: landlord must prove a lower loss

Cass. 3e civ., 15 June 2023: tenant relocated to less attractive premises; the landlord must prove a loss lower than the value of the business.

Case law · 20 January 2026 · 6 min

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Eviction after pre-emption: the tenant is paid for its buildings

Cass. 3e civ., 23 November 2023: a tenant evicted after a pre-emption is compensated for the buildings it erected, despite the lease's levelling clause.

Case law · 14 January 2026 · 6 min

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Eviction compensation: a photo shop in a French shopping centre

Eviction compensation in a French shopping centre: why the court awarded replacement compensation of €456,384.60 rather than a simple relocation.

Case law · 13 November 2025 · 4 min

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Decontamination costs and eviction compensation in France

Decontamination costs and eviction compensation in France: what the Cour de cassation held on 22 June 2022 and what it changes when quantifying the loss.

Case law · 12 November 2025 · 5 min

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15 articles

Businesses, company shares and hotels

SCI selling all its property: the dividend goes to the bare owner

Cass. 3e civ., 19 September 2024: the sale price of all the buildings of an SCI, distributed as a dividend, goes to the bare owner of the shares.

Case law · 29 May 2026 · 8 min

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Article 1843-4 expert: refused visit is not for the summary judge

Cass. 2e civ., 3 October 2024: an SCI refusing the 1843-4 expert a site visit raises a difficulty of execution the summary judge has no power to remove.

Case law · 21 May 2026 · 6 min

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Article 1843-4 expert: summary judge can order company accounts

Cass. com., 27 November 2024: if the articles only set procedures, the summary judge may order a party to hand over the documents the 1843-4 expert needs.

Case law · 20 May 2026 · 6 min

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Surety and SCI shares: the value declared to the bank binds

Cass. com., 17 June 2026: a guarantor who declared her SCI holding at 400,000 € cannot later argue it was worth less, absent an apparent anomaly.

Case law · 22 April 2026 · 5 min

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Partner withdrawal: a new 1843-4 expert after an annulled report

Cass. com., 17 June 2026: after the report is annulled, the withdrawing partner gets a new expert under the version of article 1843-4 in force in 2009.

Case law · 2 April 2026 · 6 min

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Pharmacy sale price: the court cannot fix it

Cass. com., 4 June 2025: when the price depends on restated turnover, a dispute goes to the third-party valuer named in the contract, never to the court.

Case law · 31 March 2026 · 6 min

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Share price set by an expert: the agreed method is binding

Cass. com., 28 May 2026: the expert fixing the final price of shares follows the protocol's calculation and works at the date of the reference accounts.

Case law · 3 February 2026 · 6 min

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Share sale: EBITDA distorted by advance invoicing is seller fraud

Cass. com., 8 July 2026: knowingly presenting a share buyer with an EBITDA distorted by advance invoicing, without flagging it, is fraudulent concealment.

Case law · 7 January 2026 · 6 min

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Article 1843-4 Civil Code: the expert may give two valuations

Cass. com., 7 May 2025: the expert valuing company shares under article 1843-4 may give one figure per reading of the articles; the judge then chooses.

Case law · 1 January 2026 · 4 min

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SCI shares in a French inheritance: which discounts are accepted?

SCI shares in a French estate: restated net asset value, shareholder loans, illiquidity and minority discounts justified so the return can be defended in an audit.

Method · 11 December 2025 · 3 min

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How to value a hotel in France: 7 methods and a worked example

Valuing a hotel in France: income capitalisation, comparison, DCF, replacement cost, multipliers, income split, the hotel method and a full worked example.

Worked example · 26 November 2025 · 6 min

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Valuing SCI shares in France: methods and a worked example

Valuing SCI shares: restated net asset value, capitalisation, DCF, goodwill and discounts, with a worked example to value your shares in a French SCI.

Worked example · 25 November 2025 · 5 min

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Top 10 hotel brands in France in 2026: chains and networks

Hotel brands in France in 2026: INSEE hotel stock, integrated chains versus voluntary networks, figures per group, and what it means for valuing a hotel.

News · 24 November 2025 · 8 min

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Six hotel management models in France and their effect on value

Hotel management models in France: direct operation, management contract, franchise, lease, asset management, location-gérance, and their effect on value.

Method · 21 November 2025 · 6 min

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Valuing old shop stock in France: six methods, a worked example

Valuing an old shop stock for an eviction claim or a business sale in France: six methods compared and a worked example to choose the right approach.

Worked example · 11 November 2025 · 6 min

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44 articles

Compulsory purchase and urban pre-emption

Pre-empted land resold: no lost added value for the seller

Cass. 3e civ., 6 October 2016: the seller of land pre-empted and later resold, who took the initiative of selling, cannot recover the lost added value.

Case law · 2 October 2026 · 7 min

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Annulled compulsory purchase: lost added value when return fails

Cass. 3e civ., 30 June 2016: annulled compulsory purchase, plots not returnable: value when return is found impossible, less compensation and interest.

Case law · 11 September 2026 · 7 min

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Public-utility amicable sale: sub-tenant entitled to compensation

Cass. 3e civ., 16 June 2016: an amicable sale for a public utility project ends occupiers' rights and gives a right to compensation, sub-tenant included.

Case law · 7 September 2026 · 7 min

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Reserved land surrendered then resold buildable: lost gain owed

Cass. 3e civ., 18 April 2019: no retrocession after a land surrender, but a municipality that rezones the land and resells it for far more must compensate.

Case law · 28 August 2026 · 7 min

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Pre-emption in France: withdrawal not late while appeal pending

Cass. 3e civ., 29 June 2017: a pre-empting body that withdraws while the price appeal is pending is not late, since the price judgment is not yet final.

Case law · 13 August 2026 · 7 min

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Pre-emption in France: comparables under the same planning rules

Cass. 3e civ., 14 December 2017: pre-emption, sales from another zone must be justified, occupation examined; the judge cannot cut the fee for faults.

Case law · 12 August 2026 · 7 min

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Lost added value after land surrender: the four-year time bar

Cass. 3e civ., 10 June 2021: a claim for added value lost after a land surrender falls under the four-year limitation, to be raised at first instance.

Case law · 11 August 2026 · 7 min

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Subsoil compulsory purchase: the tunnel's extra cost is excluded

Cass. 3e civ., 6 December 2018: the extra building cost a tunnel imposes stems from the public works and does not measure depreciation of the remainder.

Case law · 17 July 2026 · 6 min

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Compulsory purchase: occupier under precarious permit compensated

Cass. 3e civ., 20 December 2018: an occupier under a free, precarious authorisation still in force during the expropriation is entitled to compensation.

Case law · 16 July 2026 · 6 min

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Expropriated building land: only permanent restrictions count

Cass. 3e civ., 28 September 2023: for expropriated building land, only permanent restrictions count; a temporary holding perimeter is no loss of value.

Case law · 15 July 2026 · 6 min

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Building land and pre-emption: the same reference date applies

Cass. 3e civ., 1 March 2023: under the urban pre-emption right, the reference date taken from the local plan also governs classification as building land.

Case law · 14 July 2026 · 7 min

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Expropriated red-zone land: a draft risk plan does not count

Cass. 3e civ., 8 June 2023: a draft flood risk plan, notified by the State but not approved, does not turn expropriated red-zone land into building land.

Case law · 13 July 2026 · 6 min

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Rehoused expropriated owner: allowance for rehousing only

Opinion Cass. 3e civ., 16 November 2023: the rehousing of an owner-occupier is deducted for the advantage it provides, with no occupation allowance.

Case law · 10 July 2026 · 6 min

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Compulsory purchase in a ZAC: utilities, pollution and remainder

Cass. 3e civ., 4 April 2019: ZAC utilities are assessed zone-wide, pollution needs an answer, remainder depreciation is payable even on building land.

Case law · 9 July 2026 · 7 min

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Irremediably insanitary building: bare land value applies

Cass. 3e civ., 13 April 2023: save statutory exceptions, an irremediably insanitary building is valued at bare land less demolition, even if uncertain.

Case law · 8 July 2026 · 7 min

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Compulsory purchase: landlocked remaining garage is compensated

Cass. 3e civ., 29 March 2018: landlocking of the garage kept, caused directly by the taking, is a direct loss the reinvestment allowance does not cover.

Case law · 7 July 2026 · 6 min

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Expropriated trader's relocation: no allowance for wear

Cass. 3e civ., 29 June 2022: relocation costs of an expropriated trader are quantified as new; an unreturned security deposit is not an expropriation loss.

Case law · 6 July 2026 · 6 min

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Reference date in a ZAC: the urban pre-emption rule prevails

Cass. 3e civ., 30 March 2023: in a ZAC, outside a ZAD, property under urban pre-emption takes the reference date of the last PLU act delimiting its zone.

Case law · 3 July 2026 · 7 min

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Right to require purchase in a ZAC ends once property is excluded

Cass. 3e civ., 21 December 2017: a ZAC can be redrawn with no prior PLU amendment; property excluded before judgment loses the right to require purchase.

Case law · 22 June 2026 · 6 min

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Reference date: redrawing the zone boundary is not enough

Cass. 3e civ., 13 June 2019: under the urban pre-emption right, a local plan amendment limited to the zone boundary does not move the reference date.

Case law · 19 June 2026 · 7 min

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Reserved site: the public utility order sets the reference date

Cass. 3e civ., 24 May 2018: in a reserved site, a public utility order amending the plan sets the reference date if it is the last to delimit the zone.

Case law · 18 June 2026 · 7 min

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Pre-emption zone: plan-amending public utility act sets no date

Cass. 3e civ., 25 January 2018: under the urban pre-emption right, a public utility declaration amending the local plan does not set the reference date.

Case law · 17 June 2026 · 7 min

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Unauthorised buildings: discount despite time-barred demolition

Cass. 3e civ., 9 November 2023: on a purchase notice, buildings put up without a permit may justify a discount on value, even if demolition is time-barred.

Case law · 15 June 2026 · 6 min

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Amicable sale after a public utility declaration: still a sale

Cass. 3e civ., 23 September 2020: a transfer agreed after the public utility declaration remains a sale; the public body may sue for hidden defects.

Case law · 12 June 2026 · 7 min

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Retrocession impossible: added value between two dates

Cass. 3e civ., 10 July 2025: when retrocession is impossible, lost added value and loss of enjoyment run from the summons to the recognition of the right.

Case law · 8 June 2026 · 8 min

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Catchment protection zone: time runs from the known restriction

Cass. 3e civ., 11 September 2025: a close protection zone does not by itself make land unbuildable; the four-year limit runs from the known restrictions.

Case law · 1 June 2026 · 5 min

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Compulsory purchase: comparables from public databases are enough

Cass. 3e civ., 19 September 2024: the expropriation judge may rely on sales cited with their publication references, without production of the deeds.

Case law · 25 May 2026 · 6 min

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Burnt then expropriated: the lost insurance payout is compensated

Cass. 3e civ., 8 January 2026: the owner of a building burnt before the expropriation order loses its insurance claim; that lost chance is a direct loss.

Case law · 22 May 2026 · 6 min

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Land reserve: no lost added value when the delay is justified

Cass. 3e civ., 12 March 2026: land frozen in a French land reserve, lost added value is due only if no public-utility reason justifies the delay.

Case law · 29 April 2026 · 7 min

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Compulsory purchase: post-notice works held not speculative

Cass. 3e civ., 12 March 2026: works done after a city danger notice, following authorised structural works, could be held not speculative and counted.

Case law · 24 April 2026 · 7 min

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Expropriated co-ownership lot: common parts are in the m² price

Cass. 3e civ., 9 April 2026: expropriated co-ownership lot, no separate award for the common parts, which were counted in the Carrez price per m².

Case law · 23 April 2026 · 7 min

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Compulsory purchase: completed works and cellars in the indemnity

Cass. 3e civ., 30 January 2025: works already done by the co-ownership are not deducted from the indemnity, and cellars that add value to a flat count.

Case law · 26 March 2026 · 5 min

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Compulsory purchase: a refused easement still leaves depreciation

Cass. 3e civ., 13 November 2025: an owner whose remaining land is landlocked by the taking may refuse the offered right of way and claim money instead.

Case law · 25 March 2026 · 5 min

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Compulsory purchase of a regulated business: proving relocation

Cass. 3e civ., 9 October 2025: estate agents' listings do not prove that a regulated business can relocate; the court must check each site against zoning.

Case law · 24 March 2026 · 5 min

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Compulsory purchase in a ZAC: who must prove the utilities?

Cass. 3e civ., 8 January 2026: in a comprehensive development zone, the expropriating authority must prove the utilities are inadequate to deny building-land status.

Case law · 2 March 2026 · 6 min

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Compulsory purchase: the appeal court must rule on late documents

Cass. 3e civ., 5 February 2026: on appeal against a compensation award, the court must rule on late submissions and documents for the allowance.

Case law · 27 February 2026 · 4 min

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Pre-emption price in France: run-down common parts count

Cass. 3e civ., 3 April 2025: the price of a pre-empted co-ownership lot reflects the state of the common parts, even when upkeep stopped after a ZAD.

Case law · 2 February 2026 · 7 min

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Pre-emption price: an inconsistent total, a distorted judgment

Cass. 3e civ., 25 September 2025: pre-emption price quashed, as the total was not the sum of its items and the first-instance judgment had been distorted.

Case law · 30 January 2026 · 7 min

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Silent owner in compulsory purchase: award may exceed the offer

Cass. 3e civ., 9 October 2025: an owner who neither answered the offer nor filed submissions may get more, up to the Government Commissioner's proposal.

Case law · 16 January 2026 · 6 min

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Partial eviction of a business: separate trading loss compensated

Cass. 3e civ., 4 July 2024: an operator partly evicted by compulsory purchase may be compensated for disruption to the activity that continues, if proven.

Case law · 15 January 2026 · 6 min

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Compulsory purchase of an unlawful building: no compensation due

Cass. 3e civ., 15 February 2024: an unlawful building in an unbuildable zone earns no compulsory purchase compensation, even if demolition is time-barred.

Case law · 9 January 2026 · 7 min

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Compulsory purchase: lost rental income can be claimed on appeal

Cass. 3e civ., 9 April 2026: an expropriated owner may claim on appeal the rent lost while buying and reletting, ancillary to the principal compensation.

Case law · 31 December 2025 · 6 min

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Partial compulsory purchase: classify the plot, not the strip

Cass. 3e civ., 6 March 2025: in a partial compulsory purchase in France, land is classified on the whole plot, but compensation is paid on the area taken.

Case law · 30 December 2025 · 6 min

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Decontamination deducted but not done: owner may seek an expert

Cass. 3e civ., 13 February 2025: an owner seeking an appraisal of decontamination deducted from compensation but not done need not first prove the claim.

Case law · 29 December 2025 · 7 min

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13 articles

Farm leases and SAFER

Outgoing French farm tenant: amortised cost, not added value

Cass. 3e civ., 6 October 2016: an outgoing French farm tenant is owed the amortised cost of improvements, not the added value to the land, unless agreed.

Case law · 17 September 2026 · 7 min

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Change of farm tenant: know-how can be a transferable asset

Cass. 3e civ., 6 October 2016: on a change of farm tenant, cultivation methods and know-how cannot be excluded outright from what may be transferred.

Case law · 8 September 2026 · 6 min

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Tenant farmer's estate: the farm business valued apart from land

Cass. 3e civ., 3 November 2016: a French farm lease has no value of its own, but a farm generating premiums and payment entitlements may enter the estate.

Case law · 4 September 2026 · 7 min

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Renewed farm rent: the tenant's unauthorised buildings stay out

Cass. 3e civ., 28 November 2024: buildings the farm tenant put up without consent, not compensable when the lease ends, cannot raise the renewed rent.

Case law · 26 May 2026 · 7 min

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Emphyteutic lease: buildings sold end with the lease

Cass. 3e civ., 18 December 2025: the lessee transfers only a real right over the buildings, ending with the lease; the buyer is not owner afterwards.

Case law · 6 May 2026 · 6 min

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Farm tenant pre-emption: the conditions are checked afterwards

Cass. 3e civ., 2 April 2026: the tenant farmer pre-empts without proving the farming conditions in advance; a preference pact holder must prove fraud.

Case law · 20 April 2026 · 6 min

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Swapping the use of farm plots does not create a farm lease

Cass. 3e civ., 2 July 2026: two owners who lend each other their land are not landlord and tenant of one another; no farm lease statute, no rent to fix.

Case law · 15 April 2026 · 6 min

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Farm tenant pre-emption: an indivisible whole has one owner

Cass. 3e civ., 16 April 2026: a farm tenant pre-empts only the leased land, unless the estate is indivisible, and two owners never form such a whole.

Case law · 10 April 2026 · 6 min

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SAFER pre-emption: fifteen days run from the exact address

Cass. 3e civ., 19 March 2026: the fifteen days to notify the evicted buyer run only once the SAFER has received the buyer's exact name and address.

Case law · 3 April 2026 · 6 min

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Farm rent of an equestrian centre: the global clause is unlawful

Cass. 3e civ., 2 July 2026: a farm rent that does not separate the dwelling from the farm buildings is unlawful, and the security deposit must be returned.

Case law · 27 March 2026 · 7 min

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SAFER pre-emption: no notice, no time limit for the challenge

Cass. 3e civ., 9 July 2026: a letter sent to an incomplete address is not a notice, and the six-month limit does not run against the evicted buyer.

Case law · 11 March 2026 · 6 min

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SAFER pre-emption at a revised price: withdrawal before judgment

Cass. 3e civ., 28 November 2024: a seller who applied to the court within six months may withdraw the property at any stage, without using the notaire.

Case law · 10 February 2026 · 6 min

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SAFER pre-emption: stating the commissioners' consent is enough

Cass. 3e civ., 15 January 2026: when a SAFER pre-empts at a revised price, its notice must mention the commissioners' consent but need not attach it.

Case law · 9 February 2026 · 6 min

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18 articles

Neighbours, easements and co-ownership

Easements on polluted land: compensation follows the possible use

Cass. 3e civ., 14 December 2022: easements on polluted land, use possible at the reference date; constraints not dismissed for want of a sale plan.

Case law · 27 August 2026 · 6 min

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Decontamination for a new use: the extra cost falls on the buyer

Cass. 3e civ., 29 June 2022: once a regulated site is restored for the use agreed with the mayor, decontamination for a new use is borne by the buyer.

Case law · 29 June 2026 · 6 min

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Landlocked plot: thirty-year use sets the route despite division

Cass. 3e civ., 2 October 2025: a route acquired by thirty years' use fixes the access of a plot landlocked by a division, even outside the divided land.

Case law · 19 May 2026 · 6 min

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Landlocked plot after division: right of way on the divided land

Cass. 3e civ., 20 November 2025: a plot landlocked by a division gets access only over the divided property, even if resold without arranged access.

Case law · 18 May 2026 · 6 min

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Subdivision: the green space given to the town can be sold

Cass. 3e civ., 3 September 2026: a town that received a subdivision's common areas is not a plot owner; the green space can be declassified and sold.

Case law · 17 April 2026 · 6 min

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Buildings without a permit in a natural zone: demolition ordered

Cass. 3e civ., 25 June 2026: mobile homes and slabs in a natural zone are demolished in summary proceedings; the occupant's age only defers it by a year.

Case law · 30 March 2026 · 6 min

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Sheep bells: a neighbourhood disturbance is judged on the spot

Cass. 3e civ., 21 May 2026: a constant tinkling, foreign to the sounds of the local countryside, is an abnormal disturbance, even in the name of the flock.

Case law · 19 March 2026 · 6 min

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Loss of view: the judge must look at the buildings already there

Cass. 3e civ., 26 September 2024: €25,000 for a blocked mountain view, quashed because the court did not answer on the similar buildings already in the area.

Case law · 5 March 2026 · 5 min

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Encroachment: demolition is due, and the strip of land has a price

Cass. 3e civ., 3 July 2025: 4.653 m² of encroachment, two living rooms, a permit; demolition is still due, and only buying the strip, at a price, avoids it.

Case law · 25 February 2026 · 5 min

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Right to build upwards: it belongs to the co-owners, at a price

Cass. 3e civ., 2 April 2026: where the rules are silent, the right to add storeys to a building with common parts belongs to the co-owners' association.

Case law · 24 February 2026 · 5 min

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Landlocked land in France: one right-of-way indemnity per user

Cass. 3e civ., 12 September 2024: the article 682 indemnity is set estate by estate, according to the nuisance each passage causes to the land crossed.

Case law · 11 February 2026 · 5 min

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Common parts sold for €1: the French co-owners had to act sooner

Cass. 3e civ., 12 February 2026: common parts sold for €1; the claim against the syndic is time-barred five years after the value was raised at a meeting.

Case law · 29 January 2026 · 5 min

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Neighbourhood nuisance that has stopped: compensation still due

Cass. 3e civ., 14 November 2024: an abnormal neighbourhood disturbance that ended before judgment must still be compensated for the period it lasted.

Case law · 24 December 2025 · 6 min

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Loss of view in a built-up area: the context must be examined

Cass. 3e civ., 27 March 2025: an award for loss of view is quashed, as the judge did not examine whether urbanisation ruled out an abnormal disturbance.

Case law · 23 December 2025 · 6 min

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New building next door: valuing the loss on your French house

A block of flats planned next door: the before and after value method French courts accept, the two legal remedies and their time limits.

Method · 9 December 2025 · 4 min

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Loss of view in France: not automatically a neighbour nuisance

Loss of view and abnormal neighbourhood disturbance in France: why the Cour de cassation refused compensation, and how to prove a real loss of value.

Case law · 17 November 2025 · 5 min

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Claiming loss of enjoyment and devaluation of a French home

Loss of enjoyment and devaluation of a cracked house: what the judge requires before awarding compensation, from a Reims Court of Appeal ruling of 2020.

Case law · 3 November 2025 · 5 min

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Valuing common parts of a French building, including a stairwell

Valuing common parts in a French co-owned building: the added value to the lot, the weighting in the Charte 2025 and a Paris ruling on a stairwell.

Case law · 27 October 2025 · 5 min

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9 articles

Tax

Wealth tax: the mansion co-owned by spouses gets no discount

Cass. com., 27 March 2019: market value follows the legal situation of the property; joint ownership between spouses of their home justifies no discount.

Case law · 31 July 2026 · 7 min

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Inheritance: undervaluing is not, in itself, a deliberate breach

Cass. com., 8 July 2026: property declared 32 to 41% below its value does not prove an intent to evade tax; the tax authority must establish bad faith.

Case law · 13 March 2026 · 5 min

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Inheritance tax: a later resale does not fix the value at death

Cass. com., 19 June 2024: for French inheritance tax, a property is valued on the date of death, not at the price of a sale signed six months later.

Case law · 13 January 2026 · 6 min

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French tax authority comparables: the plot size must be known

Cass. com., 25 January 2023: villas cited by the French tax authority without their plot size do not prove the similarity required to reassess a value.

Case law · 8 January 2026 · 6 min

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French wealth tax: building land with environmental constraints

Cass. com., 6 May 2026: without proof of the land's particular situation at the taxable date, the tax office may value it as building land under the PLU.

Case law · 5 January 2026 · 4 min

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SCI shares and French wealth tax: two 10 % discounts, not three

Cass. com., 9 July 2025: 10 % for illiquid assets, 10 % for illiquid shares. An SCI shareholder is not a joint owner and cannot claim a third discount.

Case law · 26 December 2025 · 4 min

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Buying property in Luxembourg: is it still worth it? The figures

Buying in Luxembourg in 2025: a side-by-side calculation for a main home and a buy-to-let, tax reliefs, and the real cash flow over fifteen years.

Worked example · 5 December 2025 · 6 min

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French property tax incentives in 2025, mainland and overseas

French property tax incentives in 2025: CIOP, Girardin IS, LMNP, Malraux and historic monuments, with tax code articles, worked figures and limits.

Method · 28 November 2025 · 6 min

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Disguised gift: French tax reassessment of a family sale

Disguised gift in France: how the tax authority reassesses a sale to a child at an undervalue, and why a documented valuation protects the family.

Case law · 5 November 2025 · 5 min

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13 articles

Valuation practice and methods

Private expert report: its own annexes can corroborate it

Cass. com., 1 April 2026: a French judge may rely on a party's private expert report if documents that are not the expert's own work corroborate it.

Case law · 26 February 2026 · 5 min

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Private expert report: enough for an established, undisputed fact

Cass. 1re civ., 15 October 2025: a French judge may rely solely on one party's private expert report if it concerns an established, undisputed fact.

Case law · 22 December 2025 · 6 min

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Contractual expert appraisal: the judge may rely on it alone

Cass. 3e civ., 8 January 2026: a French judge may rely solely on a private appraisal made under the contract by an expert chosen by mutual agreement.

Case law · 19 December 2025 · 6 min

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French energy certificate reform 2026: impact on market value

French DPE reform 2026: what the new electricity coefficient changes for the market value of a home, and how the valuation expert takes it into account.

News · 8 December 2025 · 7 min

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EVS 2025: how the new valuation standards affect French property

EVS 2025: what the European valuation standards change for a French home with a poor energy rating, for your mortgage and for the valuation report.

News · 3 December 2025 · 6 min

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Energy renovation in France: why savings fall short of forecasts

Energy renovation in France: real savings measured after works, the effect on lending and property value, and what the valuation expert takes from it.

Method · 2 December 2025 · 5 min

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Energy rating and property prices: correlation is not causation

Energy rating and property prices in France: why price gaps between DPE classes do not measure the energy label alone, and how the valuer isolates it.

Method · 1 December 2025 · 5 min

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Lifetime mortgage in France: why the valuation is decisive

Prêt viager hypothécaire, the French lifetime mortgage: the ruling of 19 June 2024 makes the valuation decisive for consent. Consequences for heirs.

Method · 19 November 2025 · 5 min

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Independence of a French court expert: assessed case by case

Independence of a French court expert: managing co-owned buildings is not in itself incompatible (Cass. 15 June 2023). Listing criteria and safeguards.

Case law · 14 November 2025 · 5 min

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What a French property valuation report must contain

Property valuation report in France: the elements to look for under the Charte de l'expertise 2025, the EVS 2025 and the Code of Civil Procedure.

Method · 10 November 2025 · 6 min

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How to become a (credible) property valuation expert in France

Becoming a property valuation expert in France: protected titles, TEGOVA REV certification, continuing training and useful reading for a credible practice.

Method · 6 November 2025 · 5 min

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How to estimate average property prices in your French town

Estimating average property prices in a French town: DVF sales data, the notaires' price map, online estimators, and where a square-metre average stops.

Method · 4 November 2025 · 5 min

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French mortgage rates: how they move and what they do to values

Mortgage rates in France: what moves them, how to prepare a loan application and how they affect property values, with the 2009-2019 fall in perspective.

News · 29 October 2025 · 5 min

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