Fire caused by photovoltaic panels: The lessor remains liable for initial defects
Published on :
04/06/2025
04
June
Jun
06
2025
Source: www.courdecassation.fr
In commercial leases, the lessor is generally required to deliver premises that are fit for their intended purpose, particularly in terms of fire safety. However, this obligation may be modified by express provisions in the lease.
In this case, a fire broke out in premises let under a commercial lease, caused by a defect in a photovoltaic installation. The lessor sued the tenant, the energy producer and their insurers for compensation. The Court of Appeal found that the tenant was grossly negligent, ruling that he had failed to fulfil his obligations to bring the premises up to standard, which justified the exclusion of the non-recourse clause for fire damage.
The Court of Cassation rejected this analysis. It criticised the lower court judges for failing to note the existence of an express clause requiring the tenant to carry out work to remedy structural non-conformities that existed before the premises were taken over. In the absence of such provisions, this work is the responsibility of the lessor.
Furthermore, the Court criticised the decision reducing the tenant's right to compensation from the manufacturer on the grounds of the same gross negligence, even though the defects also originated in the initial condition of the building.
Finally, it noted that the lessor's insurer could not be held liable, as the guarantee was only sought on a subsidiary basis and the main claims had been upheld. The judgment was partially overturned.
History
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