Both the trial judges and the Court of Appeal dismiss Mr. N’s application on the grounds that he does not participate in the main staircase and that he has no objective interest in using it since he accesses his apartment through a door leading to the service staircase. The case is then referred to the Court of Cassation.

To what extent is Mr. N entitled to claim this right of access?

Service-Public.fr replies:

The principle which applies in this case is that of the freedom of access of the co-owners to the common areas and results from the law of 10 july 1965 which determines the status of the co-ownership of built buildings.

A single exception to this principle concerns the ‘special’ or ‘exclusive use’ common areas. The co-ownership regulation may provide that certain common parts are to be used or used exclusively for a lot of co-ownership. In practice, this exclusive use concerns certain common areas adjacent to a lot (for example: balcony, terrace, garden, courtyard, attic, corridor).

In Mr. N’s case, the Cour de cassation notes that the Cour d’appel did not find that, under the co-ownership rules, the main stairwell constituted a special common part over which Mr. N. had no right. It therefore quashes the judgment of the Court of Appeal and refers the case back to the Court of Appeal to determine whether the co-ownership regulation designates the part of the property concerned as a special common part or not.