Weekly Digest — Real Estate and Construction Law (2-8 March 2026)

Week of 2 to 8 March 2026

Case law

Conseil d’État, 10th and 9th chambers combined, 13 February 2025, No. 501671 (published this week in the Lebon reports) — Land that has simply been subdivided, without any works, infrastructure or new roads, does not constitute a “lotissement” (subdivision development) within the meaning of the Planning Code and is therefore not subject to the local urban plan (PLU) rules applicable to subdivisions. Classification as a subdivision requires a genuine development operation, not merely a parcel split.

Civ. 3rd chamber, 5 March 2026, No. 23-13.288 — The Court of Cassation clarifies the conditions under which a co-owner may rely, in a dispute over service charges, on the absence of mandatory diagnostic reports annexed to the co-ownership regulation, the mere formal irregularity of these annexes not affecting the validity of general meeting decisions taken on that basis.

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