{"id":33730,"date":"2025-04-16T16:45:17","date_gmt":"2025-04-16T14:45:17","guid":{"rendered":"https:\/\/www.lpalaw.com\/news\/newsletter-secteur-immobilier-2\/"},"modified":"2025-05-15T12:23:24","modified_gmt":"2025-05-15T10:23:24","slug":"newsletter-real-estate-sector-2025-05","status":"publish","type":"post","link":"https:\/\/www.lpalaw.com\/en\/newsletter-real-estate-sector-2025-05\/","title":{"rendered":"Newsletter | Real Estate"},"content":{"rendered":"

Newsletter | Real Estate<\/h2>\n

5 minutes de Smart Law | May 2025<\/em><\/p>\n

Our Paris Real Estate team offers you an overview of legislative developments, analyzes new regulations, and highlights court decisions shaping the real estate landscape.<\/p>\n

 <\/p>\n

REAL ESTATE TAX<\/h3>\n

Temporary Increase in Transfer Duties on Property Acquisitions <\/strong><\/p>\n

The 2025 Finance Act allows departments to temporarily increase the transfer duty rate on property sales (5% instead of 4.5%), leading to an overall tax rate of 6.3185% (instead of 5.80665%). This increase may apply starting April 1, 2025. Paris and neighboring departments have already voted for this increase.<\/p>\n

Sandra Fernandes<\/a><\/p>\n

 <\/p>\n

COMMERCIAL LEASES<\/h3>\n

Entire Indexation Clause Deemed Unwritten: How to Calculate the Refund Claim?<\/strong><\/p>\n

If the indexation clause in a commercial lease is entirely deemed unwritten, it could not have produced any effect. Therefore, the original rent amount, unindexed, must be used to calculate the refund claim, not the rent paid at the date the limitation period began.<\/p>\n

Court of Cassation, 3rd Civil Division, January 23, 2025, No. 23-18.643 <\/em><\/p>\n

G\u00e9raldine Piedeli\u00e8vre<\/a><\/p>\n

 <\/p>\n

CONSTRUCTION<\/h3>\n

Off-Plan Sale (VEFA): Reminder of the Inapplicability of General Contractual Liability<\/strong><\/p>\n

Buyers of a property under VEFA (off-plan purchase) sued the seller for certain defects based on general contractual liability. The Court of Cassation upheld the Court of Appeal’s decision to declare the claims time-barred because they concerned the dimensions of a parking space\u2014a visible defect that could only be remedied under the guarantee for apparent defects provided by Article 1642-1 of the Civil Code.<\/p>\n

Court of Cassation, 3rd Civil Division, February 13, 2025, No. 23-15.846<\/em><\/p>\n

Aur\u00e9lie Dauger<\/a><\/p>\n

 <\/p>\n

RESIDENTIAL<\/h3>\n

Energy-Inefficient Dwellings: Tougher Rules for Ongoing Leases?<\/strong><\/p>\n

A second bill aiming to clarify energy efficiency standards for housing was adopted by the Senate after debate on April 1, 2025. In its current version, it does not apply to ongoing leases. Corporate landlords would have an additional three years after the conclusion or tacit\/formal renewal of the lease to complete compliance works for properties rated G.<\/p>\n

Sidonie Fra\u00eeche-Dupeyrat<\/a><\/p>\n

 <\/p>\n

CONDOMINIUM AND LAND MANAGEMENT<\/h3>\n

Works Affecting Both General and Special Common Areas: A Single Vote Is Enough! <\/strong><\/p>\n

When a decision authorizing works concerns both general and special common areas, it must be adopted by the general meeting gathering all owners of the general common areas, without requiring an additional authorization from owners of the special common areas.<\/p>\n

Court of Cassation, 3rd Civil Division, February 6, 2025, No. 23-18.586 <\/em><\/p>\n

J\u00e9r\u00e9my Regade<\/a><\/p>\n

 <\/p>\n

Severe Sanction for Syndic Appointment Cancellation: Refund of Fees<\/strong><\/p>\n

If the decision of the general meeting appointing a property manager (syndic) is canceled, the fees received must be refunded to the condominium association, even if the syndic performed its duties during the interim and had its mandate renewed several times.<\/p>\n

Court of Cassation, 3rd Civil Division, February 27, 2025, No. 23-14.697 <\/em><\/p>\n

J\u00e9r\u00e9my Regade<\/a><\/p>\n

 <\/p>\n

***<\/strong><\/p>\n

2025 Real Estate Update Brochure<\/strong><\/p>\n

The crisis in the real estate sector continued in 2024, resulting in difficulties, layoffs, and liquidations. However, new players are emerging with innovative approaches. Restructuring, redevelopment, and mixed-use buildings are gaining traction, now incorporating an essential ecological dimension. The law is adapting to these developments, and our 26th edition highlights the key aspects. Discover our brochure (in French) here.<\/a><\/p>\n

 <\/p>\n

Cl\u00e9mence Legout Appointed Partner and Head of the Restructuring Practice <\/strong><\/p>\n

Cl\u00e9mence supports companies, executives, shareholders, and creditors in preventive and judicial procedures and advises buyers of distressed businesses.<\/p>\n

At LPA Law since 2020, she now leads the Restructuring practice, with the ambition of accelerating its development. She offers a full-service approach in synergy with the firm’s other areas of expertise, particularly real estate, and handles cross-border cases. Discover her profile!<\/a><\/p>\n

Cl\u00e9mence Legout<\/a><\/p>\n

 <\/p>\n

Marianne Sajus joins as Counsel<\/strong><\/p>\n

With nine years of experience in real estate law at international law firms, Marianne handles complex transactions \u2014 including financing, acquisitions, sales \u2014 and leasing operations for both completed and off-plan properties. She advises investors, banks, and occupiers on all types of assets. Her experience at a law firm with an integrated notarial office has provided her with strong expertise in land and regulatory matters.\u00a0 Discover her profile!<\/a><\/p>\n

Marianne Sajus<\/a><\/p>\n

 <\/p>\n

Improving building energy performance: self-consumption and its alternatives <\/strong><\/p>\n

Self-consumption is a key lever for optimizing the energy performance of buildings. During a conference<\/a>\u00a0 co-organized with Carb0n on April 10, our Real Estate and Energy Law team explored various avenues for energy value enhancement \u2014 (self-consumption, power purchase agreements, ..) The session also covered regulatory incentives, financing opportunities through REITs (French SCPIs), the APER Law, landlord\/tenant issues,
\nand the growing role of households in collective self-consumption. Need a clearer understanding or ready to take the next step? Let\u2019s talk!<\/p>\n

C\u00e9line Rifflet<\/a> \\ <\/strong>Pauline Maurus<\/a><\/p>\n

 <\/p>\n

LPA Law ranked again in the Chambers & Partners France Guide! <\/strong><\/p>\n

Several of our real estate practices have once again been recognized, with many of our lawyers also receiving individual distinctions.<\/p>\n

Recognized practice areas:<\/p>\n