As in other regions of France, property law in Manosque is complex and multifaceted. This town in the Alpes-de-Haute-Provence département, renowned for its architectural heritage and Provencal charm, is subject to national regulations as well as specific local features. Let's take a closer look at co-ownership law and building law in Manosque.
1. Co-ownership law à Manosque
Co-ownership law governs relations between co-owners of the same building or group of buildings. Co-ownership in Manosque, as elsewhere, is governed by the law of 10 July 1965.
- Annual General Meeting : It's essential for every co-owner in Manosque to take an active part in general meetings. These meetings determine the management of the building, any work to be carried out and the budget.
- Joint Ownership Trustee : Les syndics jouent un rôle majeur dans la gestion des copropriétés. À Manosque, comme dans d’autres villes de taille similaire, il est courant de voir des syndics professionnels mais aussi des syndics bénévoles.
From the authorisation of work on a private area to water damage caused by a disaster on a common area, not forgetting the sometimes erroneous and abusive payment of water charges, or the question of decisions taken under different majority rules (article 24 or 25 or 26), co-owners are faced with real issues that are part of their daily lives.
Because co-ownership law is not just a set of legal rules to be applied in order to comply with the rules of law, it is a set of laws that enable a community of individuals to live together peacefully, with respect for each other, in accordance with the rights and obligations incumbent on everyone.
Me ZAKINE is aware that co-ownership law, particularly in Manosque, is a human right and that it is necessary to reconcile the law, the personalities of each individual, the expectations of each co-owner and sometimes their more or less legitimate claims.
This is why Me ZAKINE specialises in co-ownership law in Manosque, working on the side of both the managing agents and the co-owners, i.e. the co-ownership syndicates, because it is by analysing the interests of each that she can understand them and turn them into a strength in the advice she provides.
2. Building law in Manosque
Building in Manosque, as elsewhere in France, is governed by specific standards and regulations.
- Planning permission : Before starting a building project in Manosque, it's vital to obtain planning permission. Applications must be submitted to Manosque town hall, which will check that the project complies with the Local Planning Scheme (PLU).
- Guarantees : Builders must offer various guarantees to clients, such as the ten-year guarantee, which covers certain damage that may affect the building for ten years from acceptance.
- Defects and liability : En cas de défauts ou de malfaçons, le droit de la construction permet aux maîtres d’ouvrage de réclamer réparation. À Manosque, de nombreux litiges concernant des travaux de construction sont résolus par la voie amiable ou, en dernier recours, devant les tribunaux.
- Abandoning a building site: 5 tips
When faced with site abandonment, a real headache in the construction industry, protecting your interests requires a thorough knowledge of the appropriate legal remedies. Here are the five essential points for dealing with this delicate situation and safeguarding your rights.
1. Identify abandoned building sites as quickly as possible
Slowdown, sporadic visits to the site, blackmail for calls for funds, abandon partiel ou total tel sont les cas (non exhautifs) qui peuvent se présenter comme un abandon de chantier.
2. Examine the clauses of the contract you have signed
Everything must be spelt out in the contract. That's why we advise you to avoid any problems by checking all the clauses of the contract before you sign it and, in some cases, to make sure you have all the necessary documents. call a lawyer property. It is essential to review the terms of the contract in detail to identify specific provisions relating to deadlines, delays, penalties and termination conditions. Clauses relating to insurance and guarantees in the event of site abandonment should also be studied in detail. Check that the contractor has provided you with a ten-year insurance certificate.
3. Send the contractor a registered letter with acknowledgement of receipt
In the event of suspected abandonment, it is crucial to formally notify the contractor in writing, in accordance with legal procedures. This notification must clearly state the delays observed, the problems encountered and the expectations for resumption of the work. This step marks the beginning and the proof of the abandonment of the worksite. To be even more rigorous, have a bailiff's report which you should enclose with your letter.
4. Attempt to resolve the dispute amicably
Before taking tougher legal action, it may be a good idea to explore the options of negotiation and mediation to avoid lengthy litigation, which sometimes requires a court hearing.
5. Take the case to court if you are unsuccessful
If negotiation and mediation efforts do not produce satisfactory results, consider taking the matter to court. You may have options such as terminating the contract, hiring another company to complete the work, or taking the contractor to court for breach of contract and claiming damages. In these cases, it is imperative to consult a lawyer specialising in property law to get the right advice and adopt the best strategy.
The Best Lawyer in Real Estate Law in Manosque
When we talk about property law in Manosque, one name often stands out. This is Me Cécile Zakine Recognized for her expertise in co-ownership law and construction law.
In conclusion, whether you are a professional or an individual, it is essential to be fully aware of your rights and obligations in property matters in Manosque. If you have any doubts or disputes, don't hesitate to consult a specialist lawyer.
Mr. Zakine, avocat à Manosque help you deal with the issue of abandoned building sites, so as to safeguard your rights and defend your interests as effectively as possible
Lawyer in Antibes, registered with the Grasse Bar. Intervenes throughout France. Labour law, Litigation at work. Real estate litigation and co-ownership law. Construction problems (VEFA,..)Fast, motivated and committed response. Do not hesitate to contact the lawyer in Antibes: Maitre Zakine. or to make an appointment online for a consultation.
Possible consultation 45€/ 30 min by phone for a first consultation