FrançaisMe RIBEIRO DE CARVALHO, Real Estate Lawyer at NICE regularly offers you legal and jurisprudential news.
The code of construction and housing provides that the owner or, in the case of co-ownership, the syndicate of co-owners represented by the trustee must allow bailiffs access, for the performance of their duties of service or execution, to the common parts of residential buildings.
The modalities of application of this article remained to be defined by decree.
It is in these conditions that the decree of June 27, 2019 was promulgated.
Thus, when the common parts of an apartment building are not freely accessible from public roads, the bailiff must send by any means a request for access to the owner or, in the case of co-ownership, to the trustee representing the union co-owners concerned.
The bailiff must of course justify his identity, his professional quality and the mission of service or execution entrusted to him.
The owner or the trustee must then give the bailiff a physical means of access to the common parts or send him the codes allowing him to access it, within a maximum of 5 working days from receipt of the request.
Delivery or transmission shall be effected by receipt or by any other means suitable for proving it.
