The technical specifications for land transfer (CCCT) of a controlled development zone (ZAC), even when they have become null and void, may present a contractual character governing the relationship between the owners if it results from the deeds of transfer that such is their common intention (Case. 3e civ., March 4, 2021, n° 19-22.987)

Such a solution had already been adopted for the technical specifications of ZAC signed before the entry into force of SRU law and for this reason unlikely to be outdated (Case, 3rd civ., January 5, 2017, n° 15-28.150).

The Supreme Court of Appeal follows the same reasoning for the technical specifications signed after the entry into force of SRU law (April 1st, 2001) even when they have become null and void by the effect of the suppression of the ZAC.

Caution : care should therefore be taken to always check, by a combined review of the deeds of sale and technical specifications, if the purchasers had intended, in an unambiguous way, all or part of the provisions of the technical specifications in the relationship between them.

If these provisions are subject to an agreement, they then constitute a collective easement with real and perpetual right burdening all the land sold by the ZAC developer.