Construction and property development
Works contracts, acceptance, statutory warranties, defects and expert proceedings, for owners, developers and contractors.
Defects after building works? The applicable regime depends first on formal acceptance of the works. After acceptance, French law provides a one-year completion warranty, a two-year warranty for equipment and a ten-year warranty for damage affecting the structure or fitness for use.
We act for owners, co-ownership associations, investors, developers and contractors: insurance claims, court-appointed experts, litigation against builders and their insurers, and drafting of construction contracts.
Frequently asked questions
How long does the ten-year builder's guarantee last?
Ten years from acceptance of the works. It covers defects that compromise the soundness of the building or make it unfit for its purpose.
What if the building damage insurer (dommages-ouvrage) does not respond?
The insurer must take a position within statutory deadlines after the claim is filed. If it fails to do so, the insured may, after giving notice, incur the costs needed for the repairs. A lawyer checks that the claim was properly made and that the deadlines were met.
Which warranties protect the owner after building works?
Three warranties run from the formal acceptance of the works (réception): the warranty of perfect completion, for one year, covering all defects noted at acceptance or appearing within the year; the two-year warranty of proper functioning, for equipment that can be removed from the building; and the ten-year warranty (garantie décennale), for damage that compromises the structure's soundness or makes it unfit for its purpose.
Official source: Service-Public.fr (official page)
How does acceptance of works (réception) work, and what are reservations for?
Acceptance is the act by which the owner declares that they accept the works, with or without reservations; it is usually recorded in a written report. Visible defects must be listed as reservations, otherwise they are in principle deemed accepted. Acceptance starts the statutory warranty periods and transfers custody of the works to the owner.
Official source: Service-Public.fr (official page)
What can I do if delivery of an off-plan property (VEFA) is late?
The off-plan sale contract sets a delivery deadline or date and often late-delivery penalties, together with legitimate grounds for suspending the deadline (bad weather, contractor failure, etc.). You should check whether the reasons given by the developer are provided for in the contract and justified, send the seller a formal notice and, failing agreement, ask the court to apply the penalties or award damages.
What is building damage insurance (dommages-ouvrage) for?
Dommages-ouvrage insurance is compulsory for anyone who has construction works carried out. It provides pre-financing of repairs covered by the ten-year warranty, without waiting for a court to rule on liability. The insurer has statutory deadlines to take a position and then to make an offer; it subsequently seeks reimbursement from the liable builders and their insurers.
Official source: Service-Public.fr (official page)
Insights on this topic (in French)
La garantie décennale ne bénéficie pas au locataire non propriétaire de l'ouvrage (Cass. 3e civ., 19 février 2026, n° 24-11.092)
CAUTIONNEMENT LOCATIF, Agent immobilier soyez vigilant !
