Chapter I Sale of buildings to be constructed
LexInter | July 6, 2017 | 0 Comments

Chapter I Sale of buildings to be constructed

Chapter I: Sales of buildings to be constructed

Article L261-1

(Law n ° 2006-872 of July 13, 2006 art. 80 II Official Journal of July 16, 2006)

As it is said in article 1601-1 of the civil code:
“The sale of building to be built is that by which the seller undertakes to build a building within a period determined by the contract.
It can be concluded. at term or in the future state of completion. “

Article L261-2

(Law n ° 2006-872 of July 13, 2006 art. 80 II Official Journal of July 16, 2006)

As it is said in article 1601-2 of the civil code:
“The forward sale is the contract by which the seller undertakes to deliver the building on its completion, the buyer undertakes to take it. delivery and to pay the price on the date of delivery. The transfer of ownership takes place by operation of law by noting the completion of the building by authentic instrument; it produces its effects retroactively to the day of the sale. ”

Article L261-3

(Law n ° 2006-872 of July 13, 2006 art. 80 II Official Journal of July 16, 2006)

As it is said in article 1601-3 of the civil code:
“The sale in the future state of completion is the contract by which the seller immediately transfers to the purchaser his rights over the land as well as the property. existing constructions. Future works become the property of the purchaser as and when they are carried out; the purchaser is required to pay the price thereof as the work progresses.
The seller retains the powers of project owner until acceptance of the works. “

Article L261-4

(Law n ° 2006-872 of July 13, 2006 art. 80 II Official Journal of July 16, 2006)

As stated in Article 1601-4 of the Civil Code:
The transfer by the purchaser of the rights he holds from a sale of buildings to be built automatically substitutes the transferee in the obligations of the buyer to seller.
If the sale was accompanied by a mandate, this continues between the seller and the assignee.
These provisions apply to any inter vivos transfer, voluntary or forced, or due to death.

Article L261-5

(Law n ° 2006-872 of July 13, 2006 art. 80 II Official Journal of July 16, 2006)

As stated in Article 1642-1 of the Civil Code:
“The seller of a building to be constructed may not be discharged, neither before acceptance of the works, nor before the expiration of a period of one. months after taking possession by the purchaser, construction defects then apparent.
There will be no termination of the contract or reduction in the price if the seller undertakes to repair the defect. “

Article L261-6

(Law n ° 2006-872 of July 13, 2006 art. 80 II Official Journal of July 16, 2006)

As it is said in article 1646-1 of the civil code:
“The seller of a building to be constructed is held, from the reception of the works, of the obligations of which the architects, contractors and other persons related to the master of the work by a work rental contract are themselves bound in application of articles 1792, 1792-1, 1792-2 and 1792-3 of this code
These guarantees benefit the successive owners of the building.
There will be no grounds for rescinding the sale or reducing the price if the seller undertakes to repair the damage defined in articles 1792, 1792-1 and 1792-2 of this code and to assume the guarantee provided for in ‘article 1792-3. “

NOTE: Law nº 78-12 of January 4, 1978, art. 14:” Article 1646-1 of the civil code applies to contracts relating to sites for which the regulatory opening declaration has been established after January 1, 1979 “.

Article L261-7

(Law n ° 2006-872 of July 13, 2006 art. 80 II Official Journal of July 16, 2006)

As it is said in article 1648 of the civil code:
“The action resulting from the redhibitory defects must be brought by the purchaser, within a short time, according to the nature of the redhibitory defects, and the use of the place where the sale has been made.
In the case provided for by article 1642-1, the action must be brought, under penalty of foreclosure, within one year of the date on which the seller can be released from apparent defects. ”

Article L261-8

(Ordinance n ° 2006-346 of March 23, 2006 art. 14 Official Journal of March 24, 2006)
(Law n ° 2006-872 of July 13, 2006 art. 80 II Official Journal of July 16, 2006)

As stated in article 2380 of the civil code:
“In the event of the sale of a building to be constructed concluded in accordance with article 1601-2, the privilege of the seller or that of the lender of money takes rank on the date of the deed of sale if the registration is taken before the expiration of a period of two months from the noting by authentic deed of the completion of the building. “

Article L261-9

(Law n ° 2006-872 of July 13, 2006 art. 80 II Official Journal of July 16, 2006)

When any of the premises making up a building have been sold on time or in the future state of completion, the sale, after completion, of a room included in this building is subject to the provisions of article 1646-1. of the Civil Code, reproduced in Article L. 261-6 of this Code.
However, any action which may arise in application of the said article may only be brought by successive purchasers against the original seller.

Article L261-10

(Law n ° 2005-32 of January 18, 2005 art. 102 II Official Journal of January 19, 2005)
(Law n ° 2006-872 of July 13, 2006 art. 80 II Official Journal of July 16, 2006)

Any contract having as its object the transfer of ownership of a building or part of a building for residential use or for professional and residential use and comprising the obligation for the buyer to make payments or deposits of funds before the completion of construction must, on pain of nullity, take the form of one of the contracts provided for in Articles 1601-2 and 1601-3 of the Civil Code, reproduced in Articles L. 261-2 and L 261-3 of this code. It must also comply with the provisions of Articles L. 261-11 to L. 261-14 below.
Whoever undertakes to build or have erected a building or part of a building for residential use or for professional and residential use, when he directly or indirectly obtains the land or the right to build on the land whoever contracts the obligation to make the payments or deposits defined above, must conclude a contract in accordance with the provisions of the previous paragraph, unless the land or the right is provided to a company governed by Chapters I , II (sections I and II) and III of Title I of this book, or if the provider is a low-rental housing organization acting as a service provider.

Article L261-11

(Law n ° 79-596 of July 13, 1979 art. 39 Official Journal of July 14, 1979)
(Law n ° 93-949 of July 26, 1993 art. 2 Official Journal of July 27, 1993)
(Law n ° 2006-872 of July 13, 2006 art. 80 II Official Journal of July 16, 2006)

The contract must be concluded by authentic instrument and specify:
a) The description of the building or part of the building sold;
b) Its price and the terms of payment thereof;
c) The delivery time;
d) When it takes the form provided for in article 1601-3 of the civil code, reproduced in article L. 261-3 of this code, the guarantee of the completion of the building or the reimbursement of payments made in the event of termination of the contract for lack of completion.
However, when the sale concerns a part of a building, the contract may contain only the particulars specific to this part, the other details provided for in the previous paragraph must then appear, either in a document annexed to the deed, or in a document filed in the ranks of the minutes of a notary and to which the deed refers.

It must also mention whether or not the price is revisable and, if so, the terms of its revision.
It must, moreover, include in appendices, or by reference to documents deposited with a notary, the useful indications relating to the consistency and the technical characteristics of the building.
The co-ownership regulations are given to each purchaser upon signing the contract; it must be communicated to him beforehand.
When, before the conclusion of the sale, the seller has obtained the benefit of a special loan from Crédit foncier de France or the Comptoir des entrepreneurs, the contract must mention that the buyer has been made aware, in conditions set by decree, documents relating to the financial equilibrium of the operation, on the basis of which the loan decision was taken. The non-observance of the provisions of this article entails the nullity of the contract. This nullity can only be invoked by the purchaser and before the completion of the works.
When the sale has been preceded by a preliminary contract provided for in article L. 261-15, only the sales contract is subject to the provisions of articles L. 312-15 to L. 312-17 of the consumer code.

Article L261-11-1

(Law n ° 84-601 of July 13, 1984 art. 2 Official Journal of July 14, 1984)
(Law n ° 2006-872 of July 13, 2006 art. 80 II Official Journal of July 16, 2006)

In the event that the contract defined in article L. 261-11 provides for the price revision, this can only be calculated according to the variation of a national building index for all trades measuring the evolution of the cost of production factors in the building and published by the Minister responsible for construction and housing.
The revision can only be made on each payment or deposit within a limit expressed as a percentage of the variation of this index.
The index and the limit provided for above are defined by decree of the Council of State. This limit, intended to take into account fixed costs, land value and productivity improvements, must be between 60%. 100 and 80 p. 100 of the change in the index.
The index serving as the basis for calculating the revision is the last index published on the day the contract is signed. The variation taken into account results from the comparison of this index with the last index published before the date of each payment or deposit.

Article L261-12

(Law n ° 2006-872 of July 13, 2006 art. 80 II Official Journal of July 16, 2006)

In the case of a sale in the future state of completion, the seller cannot demand or accept any payment, any deposit, any subscription or acceptance of commercial paper before the signing of the contract, nor before the date on which the debt is payable.
The forward sales contract can only stipulate that security deposits will be made, as the work progresses, to a special account opened in the name of the purchaser by an organization authorized for this purpose. The funds thus deposited are non-transferable, unseizable and unavailable within the limit of the sums due by the buyer, except for the payment of the price.

Article L261-13

(Law n ° 91-650 of July 9, 1991 art. 83 bis Official Journal of July 14, 1991)
(Law nº 92-644 of July 13, 1992 art. 2 Official Journal of July 14, 1992)
(Law n ° 2006-872 of July 13, 2006 art. 80 II Official Journal of July 16, 2006)

Notwithstanding any stipulations to the contrary, the automatic resolution clauses concerning the payment or deposit obligations provided for in Articles L. 261-10 to L. 261-12 only take effect one month after the date of the summons or order. to pay remained unsuccessful.
A period may be requested during the month thus allocated, in accordance with Articles 1244-1 to 1244-3 of the Civil Code.
The effects of the automatic termination clauses are suspended for the duration of the time limits granted under the conditions provided for in article 1244 of the civil code. These clauses are deemed never to have come into play if the debtor frees himself under the conditions determined by the judge.

Article L261-14

(Law n ° 2006-872 of July 13, 2006 art. 80 II Official Journal of July 16, 2006)

The contract may not stipulate at a lump sum, in the event of termination, the payment, by the party to which it is attributable, of an indemnity greater than 10%. 100 of the price.
However, the parties retain the right to request compensation for the damage actually suffered.

Article L261-15

(Law n ° 79-596 of July 13, 1979 art. 39 Official Journal of July 14, 1979) 
(Law n ° 93-949 of July 26, 1993 art. 2 Official Journal of July 27, 1993) 
(Law n ° 2006-872 of July 13, 2006 art. 80 II Official Journal of July 16, 2006)

The sale provided for in Article L. 261-10 may be preceded by a preliminary contract whereby, in return for a security deposit made to a special account, the seller undertakes to reserve a building for a buyer or part of building.
This contract must include the essential information relating to the consistency of the building, the quality of the construction and the execution times of the works as well as the consistency, location and price of the reserved room.
The funds deposited as collateral are unavailable, non-transferable and unseizable until the conclusion of the sales contract.
They are returned, within three months, to the depositor if the contract is not concluded by the seller, if the condition precedent provided for in Article L. 312-16 of the Consumer Code is not fulfilled. or if the proposed contract shows an abnormal difference compared to the forecasts of the preliminary contract.
Any other promise to purchase or sell is void.
 

Article L261-16

(Law n ° 2006-872 of July 13, 2006 art. 80 II Official Journal of July 16, 2006)

Any clause contrary to the provisions of Articles L. 261-11 to L. 261-15 of this code and those of Articles 1642-1 and 1646-1 of the Civil Code, reproduced in Articles L. 261-5 and L. 261- 6 of this code, is deemed unwritten.
 

Article L261-22

(Law n ° 2006-872 of July 13, 2006 art. 80 II, IV Official Journal of July 16, 2006)

A decree in the Council of State sets, as necessary, the methods of application of this chapter, and in particular the conditions under which the persons obliged to guarantee by application of articles L. 111-13, L. 111-20, L. 261-5 and L. 261-6 may be required to protect against the financial consequences which may result from this guarantee.

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