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  3. Law: Contract(s)

parties à usage commun ou d’utilité commune

English translation: communal areas

10:48 May 15, 2018
French to English translations [PRO]
Law/Patents - Law: Contract(s)
French term or phrase: parties à usage commun ou d’utilité commune
This is in a commercial lease for a building - queried terms in the asterisks.

Les catégories de charges, impôts, taxes et redevances afférentes à l'Immeuble visées ci-dessus à l’article 7.1 comprendront :

• les frais de nettoyage, d’entretien, de réparation et de remplacement, pour quelque cause que ce soit y compris l'existence de vices cachés, des *parties à usage commun ou d’utilité commune* de l'Immeuble et des équipements communs, à l’exception des dépenses causées par la force majeure ou relatives aux grosses réparations mentionnées à l’article 606 du code civil. Il est précisé que lors du renouvellement du Lease, les Parties discuteront de la prise en charge du coût de remplacement des gros équipements,

I would think that "parties à usage commun" would be areas used jointly by the lessees, e.g. walkways, the foyer, etc.

The references I have found for "d’utilité commune" usually refer to "institutions d'utilité commune" or similar, which would not make sense in this context.

I have found a couple links about "amenities", so I may use that, as it makes more sense.
Elizabeth Niklewska
United Kingdom
Local time: 11:34
English translation:communal areas
Explanation:
Service charges. It will normally be the landlord's responsibility for managing, maintaining and repairing the communal areas of the property. ... Details of what can and cannot be charged by the landlord and the proportion to be paid by the individual leaseholders will all be set out in the lease.
Living in a leasehold property
https://arma.org.uk/leaseholders/living-in-leasehold
Selected response from:

AllegroTrans
United Kingdom
Local time: 11:34
Grading comment
Selected automatically based on peer agreement.
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +4communal areas
AllegroTrans
5 +1common parts
B D Finch
Summary of reference entries provided
common areas
Yvonne Gallagher

  

Answers


48 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +4
communal areas


Explanation:
Service charges. It will normally be the landlord's responsibility for managing, maintaining and repairing the communal areas of the property. ... Details of what can and cannot be charged by the landlord and the proportion to be paid by the individual leaseholders will all be set out in the lease.
Living in a leasehold property
https://arma.org.uk/leaseholders/living-in-leasehold

AllegroTrans
United Kingdom
Local time: 11:34
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 527
Grading comment
Selected automatically based on peer agreement.
Notes to answerer
Asker: Then how are these differentiated from "parties à usage commun"?


Peer comments on this answer (and responses from the answerer)
agree  Tony M: No distinction needs to be made here in EN, unlike in FR, where they specify '...that are or could be used by everyone', but because in EN we don't include the notion of "used", the issue doesn't arise.
2 hrs
  -> I agree, but I supoose the distinction might be made, e.g. between meter cupboards (which people don't go "into") and, say, staircases
agree  John ANTHONY: Agree with you and Tony... 😇
2 hrs
  -> thank you
agree  philgoddard: You could say "common usage or utility", but I agree that it's not important.
3 hrs
  -> thank you
neutral  Daryo: would you call a boiler room or a 100 m3 water tank on the roof a "communal area"? Or the living quarters of the concierge?
1 day 10 hrs
  -> I would call it a communally owned area which amounts to the same thing
agree  Yvonne Gallagher
1 day 23 hrs
  -> thank you
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1 day 3 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +1
common parts


Explanation:
Note that this is not the same as "communal areas", which is more limited in scope. The common parts of a building include areas not generally accessable to the building users (e.g. flat roofs, attics, services ducts) as well as "communal areas" such as stairs, entrance halls and landings.

https://www.thetimes.co.uk/.../what-are-common-parts-of-a-bu...
A The exact definition of the “common parts” of a building can vary and should be specified in your title deeds but, in general, they will be all ...

webarchive.nationalarchives.gov.uk/+/.../review-common-parts.pd...
23 déc. 2005 - does not make express provision in respect of adjustments to any common parts of the building (such as the entrance and stairs).



--------------------------------------------------
Note added at 1 day 3 hrs (2018-05-16 13:54:58 GMT)
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onlinelibrary.wiley.com/doi/10.1002/9780470759387.../summary
Reverberation in Common Parts of Buildings ... Sound Control in Buildings: A Guide to Part E of the Building Regulations. Additional ...

https://scotland.shelter.org.uk/.../working_together_to_main...
These are known as common areas, or common parts. ... owners may employ a property manager or factor to look after the common areas of their building.

https://www.lease-advice.org/.../health-safety-in-buildings-...
This does sound confusing, but essentially means that common parts of a building containing dwellings will be covered but not premises occupied as a private ...

B D Finch
France
Local time: 12:34
Specializes in field
Native speaker of: English
PRO pts in category: 369

Peer comments on this answer (and responses from the answerer)
agree  Daryo: that sounds far more accurate!
20 hrs
  -> Thanks Daryo.
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Reference comments


6 hrs peer agreement (net): +2
Reference: common areas

Reference information:
this is a pretty good list of common areas
http://www.citizensinformation.ie/en/housing/owning_a_home/h...
Common areas
The Act defines common areas as including:

The external walls, foundations and roofs and internal load-bearing walls
The entrance halls, landings, lifts, lift shafts, staircases and passages
The access roads, footpaths, kerbs, paved, planted and landscaped areas, and boundary walls
Architectural and water features
All ducts and conduits, other than those within and serving only one unit in the development
Cisterns, tanks, sewers, drains, pipes, wires, central heating boilers, other than such items within and serving only one unit in the development
Other areas that are from time to time provided for common use

Yvonne Gallagher
Ireland
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 47

Peer comments on this reference comment (and responses from the reference poster)
agree  AllegroTrans
5 hrs
  -> Thanks:-)
agree  B D Finch: That's right for the Republic of Ireland, but for England and Wales it's "common parts". I worked for housing associations, agreeing and supervising construction contracts with many consultants and contractors and "common parts" was the expression we used
1 day 17 hrs
  -> looks like it's called that in Scotland (at least) too judging by your link
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