Kohen Avocats, real estate law in Clermont-Ferrand
Real estate lawyer in Clermont-Ferrand: leases, co-ownership, construction
Unpaid rent, notices to quit, co-ownership charges, construction defects, a property sale that goes wrong: the firm advises and defends landlords, tenants and co-owners, from formal notice to the judge. Anyone may choose a real estate lawyer for a Clermont-Ferrand dispute, whatever the lawyer's Bar.
Quick, confidential response. In real estate matters, positions harden quickly: the earlier counsel steps in, the more options remain open.
Reda Kohen
Lawyer at the Paris Bar — real estate law, leases, co-ownership and construction.
Official profile on the Avocat.fr directory
Page updated on 7 August 2026.
Leases and rent
Unpaid rent, notices to quit, security deposits, inventories of condition: the firm defends landlords and tenants alike, from formal notice to the hearing.
Co-ownership
Unpaid charges, challenges to general meetings, works, disputes with the managing agent: the firm acts for co-owners and for co-owners' associations alike.
Sale and construction
Latent defects, building site faults, ten-year builder's liability, off-plan sales: builders bear ten years of liability by operation of law (Article 1792 of the Civil Code).
Quick answer
Real estate law is played out on two fields. First, the amicable stage: formal notice, negotiation, settlement agreement — most lease, charges or works disputes are resolved before any hearing when they are taken up early. Then the judge: in Clermont-Ferrand, the judicial court, known as the tribunal judiciaire, 16 place de l'Étoile, hears residential leases, co-ownership, sales and construction cases; the administrative court of Clermont-Ferrand, 6 cours Sablon, hears building permits and planning matters. No rule requires you to choose a local lawyer. First confidential conversation on +33 6 46 60 58 22.
Understanding your situation
Real estate law in Clermont-Ferrand, explained
Leases, co-ownership, sales and construction are governed by the French Civil Code (Code civil), the Law of 6 July 1989 and the Law of 10 July 1965. Everyone chooses their own lawyer, whatever Bar the lawyer belongs to. What you need to know, step by step.
Key points
Real estate litigation: two judges, one method
Address, contacts, appeals: practical points of reference.
Residential leases, co-ownership, sales, construction: judicial court of Clermont-Ferrand, 16 place de l'Étoile, 63000 Clermont-Ferrand — tel. 04 73 31 77 00.
Building permits, planning, pre-emption: administrative court of Clermont-Ferrand, 6 cours Sablon, 63000 Clermont-Ferrand — tel. 04 73 14 61 00.
Appeals go to the court of appeal of Riom, 2 boulevard Chancelier de l'Hôpital, 63200 Riom, or to the administrative court of appeal of Lyon, 184 rue Duguesclin, depending on the subject matter.
Residential leases fall within the jurisdiction of the protection litigation judge, who sits at the judicial court; evictions are subject to the winter eviction moratorium, known as the trêve hivernale, from 1 November to 31 March.
The firm, based on rue Margueritte in the 17th arrondissement of Paris, advises and defends landlords, tenants, co-owners and project owners in Clermont-Ferrand; where the law requires a lawyer with local representation rights, it arranges this with a colleague from the jurisdiction. What matters: command of the subject and availability, from the first appointment through to the hearing.
Residential lease
The residential lease: rights and obligations, step by step
A contract tightly regulated by the Law of 6 July 1989 — largely a matter of public policy.
For landlords
- Unpaid rent: act early — formal notice, formal demand to pay, then termination and eviction under the judge's supervision.
- Notice to quit to sell, to take back the property or for a legitimate and serious reason: strict formal and time requirements (Article 15 of the 1989 Law).
- Damage and tenant repairs: the move-in and move-out inventories of condition are the evidence — the costing is prepared item by item.
For tenants
- Security deposit not returned, indecent housing, works for which the landlord is responsible: rights that can be enforced, with evidence.
- An irregular notice to quit has no effect: its validity can be challenged before the judge.
- In the event of unpaid rent, the winter eviction moratorium suspends evictions from 1 November to 31 March (Article L. 412-6 of the Code of Civil Enforcement Procedures).
The reflex: put everything in writing from the first incident — letters, photos, inventories of condition. In lease matters, the case is won on evidence.
The firm handles all real estate disputes:
Co-ownership and construction
Co-ownership, construction, neighbours: the other fronts
Technical regimes where time limits govern everything — and are quickly lost.
Charges and general meetings
Recovery of charges, challenges to general meeting decisions within a strict time limit, disputes with the managing agent, known as the syndic: the Law of 10 July 1965 governs life in the building.
Ten-year builder's liability
The builder is liable by operation of law, for ten years from acceptance of the works, for damage that compromises the structural soundness of the work or makes it unfit for its purpose (Articles 1792 and 1792-4-1 of the Civil Code).
Latent defects and off-plan sales
Latent defect, incorrect surface area, late delivery, snags not remedied: the buyer is not without resources — actions become time-barred quickly, so speed matters.
Neighbourhood disturbances
Encroachment, noise, views, easements: an abnormal neighbourhood disturbance engages the liability of its author, even without fault — the case is built on reports and measurements.
The general limitation period is five years (Article 2224 of the Civil Code); in construction, ten years from acceptance of the works. Dating the starting point precisely is often half the case.
Timeline
From formal notice to court: how it unfolds
The typical stages of a real estate case handled by the firm in Clermont-Ferrand.
The dispute
Unpaid rent, defect, contested notice to quit, general meeting decision: date the facts and gather the documents from day one — the case is built there.
The consultation
Analysis of the contract, time limits and evidence; costing of the loss; choice of route — amicable, urgent application or full proceedings. Strategy is set with the file in hand.
Formal notice
A lawyer's letter, precise and dated, resolves many disputes; it shifts the balance of power and prepares the court stage if it proves necessary.
The writ of summons
Failing agreement, the case is brought before the judicial court of Clermont-Ferrand, 16 place de l'Étoile — by urgent application, known as a référé, where urgency or obviousness allows.
The hearing and the decision
A court-appointed expert assessment if needed, submissions, oral argument: each claim is costed and proved, document by document.
The appeal
The judgment may be appealed within one month before the court of appeal of Riom, 2 boulevard Chancelier de l'Hôpital, 63200 Riom (Article 538 of the Code of Civil Procedure).
Preparing your case
Documents to gather
The checklist that counts, whether out of court or before the judge.
The contract: lease and amendments, deed of sale, construction contract, co-ownership regulations.
Move-in and move-out inventories of condition, acceptance reports, snags noted at acceptance.
Rent receipts, statements of charges, calls for funds, payment records.
Written exchanges: letters, emails, formal notices, minutes of general meetings.
Dated photos, reports by a commissaire de justice (court bailiff), quotes and invoices for works.
Diagnostic reports, amicable expert reports, technical reports already prepared.
Send what you have, even if incomplete: the firm will prioritise and complete the file with you. In an emergency, call +33 6 46 60 58 22.
FAQ
Frequently asked questions
Ten detailed answers, based on the texts in force, checked on Légifrance.
Can a Paris lawyer handle my real estate case in Clermont-Ferrand?
Yes. Advice, negotiation and drafting know no Bar boundaries; the firm follows its cases in Clermont-Ferrand from start to finish.
Before the judicial court of Clermont-Ferrand, where the law requires representation by a lawyer with local representation rights, known as an avocat postulant, the firm arranges this with a colleague from the jurisdiction: you keep your lawyer for strategy, drafting and the hearing. Before the administrative court, there is no territorial representation requirement.
The firm, based on rue Margueritte in the 17th arrondissement of Paris, acts for landlords, tenants, co-owners and project owners in Clermont-Ferrand.
My tenant has stopped paying: what can I do, and how quickly?
Act quickly and in order: written reminder, formal notice, then a formal demand to pay referring to the lease's termination clause, served by a commissaire de justice (court bailiff).
If the arrears persist, the judge is asked to record or order termination of the lease and to order eviction; the winter eviction moratorium suspends enforcement from 1 November to 31 March (Article L. 412-6 of the Code of Civil Enforcement Procedures).
The firm secures each step — formal defects cost months of lost proceedings — and calculates the arrears with interest.
Tenant: what are my rights faced with a notice to quit or a damaged home?
A notice to quit is valid only if it meets the requirements of ground, form and time limit laid down by Article 15 of the Law of 6 July 1989; an irregular notice to quit can be challenged before the judge.
Faced with indecent housing or works that are the landlord's responsibility, the tenant may demand performance, seek damages, and assert their rights over the security deposit.
The firm also defends tenants: the 1989 Law is a matter of public policy, and it protects both parties.
How can I challenge a co-ownership general meeting decision?
General meeting decisions are challenged before the judicial court, within a strict time limit that runs from notification of the minutes: the reflex is to date that notification precisely.
Only a co-owner who opposed the decision or was absent may bring an action; the vote cast at the meeting therefore conditions the right to act.
The firm analyses the minutes, the notices of meeting and the majorities applied — many annulments are won on procedure.
Which court hears my real estate dispute in Clermont-Ferrand?
Residential leases, co-ownership, sales, construction: the judicial court of Clermont-Ferrand, 16 place de l'Étoile, 63000 Clermont-Ferrand — telephone 04 73 31 77 00. Residential leases fall within the jurisdiction of the protection litigation judge, who sits there.
Building permits, planning, pre-emption: the administrative court of Clermont-Ferrand, 6 cours Sablon, 63000 Clermont-Ferrand — telephone 04 73 14 61 00.
Appeals go, depending on the subject matter, to the court of appeal of Riom, 2 boulevard Chancelier de l'Hôpital, 63200 Riom, or to the administrative court of appeal of Lyon, 184 rue Duguesclin.
Latent defects, problems after building works: what are my remedies?
After a sale, the warranty against latent defects allows an action against the seller; after building works, ten-year builder's liability covers, for ten years, damage that compromises the structural soundness of the work or makes it unfit for its purpose (Articles 1792 and 1792-4-1 of the Civil Code).
The expert assessment — amicable and then court-appointed if necessary — is often unavoidable: it fixes the evidence and costs the remedial works.
The firm brings in builders and insurers, building-damage insurance included, and follows the expert assessment step by step.
A building permit affects my land: can I challenge it?
Yes, under strict conditions: a third-party challenge is brought before the administrative court within two months, running from the first day of a continuous two-month period during which the permit is displayed on the land (Article R*600-2 of the Planning Code).
Standing to act must be shown: the proximity and real impact of the project on your property must be documented precisely.
The firm brings the matter before the administrative court of Clermont-Ferrand, where no territorial representation is required.
Neighbourhood disturbances: what can the firm do?
Noise, encroachment, views, loss of sunlight: an abnormal neighbourhood disturbance engages the liability of its author, even without fault — the abnormality must still be proved.
Reports by a commissaire de justice (court bailiff), acoustic measurements, dated witness statements: the case is built before the hearing.
The firm favours quick resolution — formal notice, mediation — and goes to the judge when that fails, by urgent application, known as a référé, if need be.
How long do I have to act?
The general limitation period is five years from the day you knew of the facts enabling you to act (Article 2224 of the Civil Code).
Special time limits are added to it: ten years from acceptance of the works for ten-year liability, strict time limits in co-ownership and planning law — every case starts with this calculation.
Checking the limitation period is the firm's first reflex: an expired time limit cannot be recovered.
What fees for a real estate case in Clermont-Ferrand?
Fees are the subject of a written agreement, in accordance with Article 10 of the Law of 31 December 1971: the client knows, before committing, what the assignment covers and what it costs.
The firm favours a fixed fee per stage: consultation and strategy, formal notice, proceedings on the merits or by urgent application, appeal. Any new assignment gives rise to an amendment.
Legal aid is available subject to means; a quote is prepared after the situation has been reviewed. First conversation on +33 6 46 60 58 22.
References
Official texts and related pages
The sources for this page and the firm's related areas of practice.
Official texts
- Article 1792 of the Civil Code — the builders' liability by operation of law
- Article 1792-4-1 of the Civil Code — ten years from acceptance of the works
- Article 2224 of the Civil Code — the five-year limitation period
- Article L. 412-6 of the Code of Civil Enforcement Procedures — the winter eviction moratorium
- Article R*600-2 of the Planning Code — third-party challenge to a permit
- Civil Code on Légifrance — versions in force
Further reading
Verified points of reference, Civil Code and special statutes
The rules of the game, in black and white.
The time limits that govern leases, co-ownership and construction — those the firm asserts in Clermont-Ferrand, with the text to support them.
Ten-year builder's liability
10 years
Articles 1792 and 1792-4-1 of the Civil Code
The builder is liable by operation of law for damage compromising the structural soundness of the work, for ten years from acceptance of the works.
The general limitation period
5 years
Article 2224 of the Civil Code
Personal actions are time-barred after five years from the day the holder of the right knew of the facts enabling them to exercise it.
The winter eviction moratorium
5 months
Article L. 412-6 of the Code of Civil Enforcement Procedures
Any eviction measure not yet carried out is suspended from 1 November to 31 March, subject to the exceptions provided by law.
Third-party challenge to a permit
2 months
Article R*600-2 of the Planning Code
The time limit runs from the first day of a continuous two-month period during which the permit is displayed on the land.
Appealing the decision
1 month
Article 538 of the Code of Civil Procedure
An appeal by ordinary route must be brought within one month in contentious matters; the case goes before the court of appeal of Riom, 2 boulevard Chancelier de l'Hôpital, 63200 Riom.
These points of reference, set by law, apply in Clermont-Ferrand as everywhere in France. Their application is built case by case, document by document.
A real estate question in Clermont-Ferrand?
Contact the firm. Our lawyers advise and defend landlords, tenants and co-owners in Clermont-Ferrand: leases, charges, sales, construction — and on appeal where necessary.