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Appearance of disorders during the construction site
If defects are discovered during construction, the project owner must immediately inform the builder and ask them to repair them. The calls for funds, corresponding to the different phases of construction, must not be settled until the defects are corrected and, at each stage, the legal security deposit of 5% must be retained. In the event of defects, a registered letter with acknowledgement of receipt must be sent to the builder, to demand the repair of the defects noted.
Abandonment of the construction site by the builder
When the project owner notices that the construction site is no longer progressing, or at least not as planned, it is advisable to contact the builder as soon as possible, in order to find out the reasons. In the event of abandonment of the construction site , a formal notice must be sent to the builder, by registered letter with acknowledgement of receipt, asking them to resume construction work within a certain period. If the builder refuses, an independent real estate expert (if necessary accompanied by a bailiff) may come and verify that the construction site has indeed been abandoned and establish a record of the tasks completed and not completed, in order to initiate proceedings before the interim relief judge. The legal procedure may allow the work to be resumed under penalty payment, or the contract to be terminated, in the event of default by the construction company. If the company is in receivership, another builder may be appointed, with the aim of completing the construction. To do this, the project owner must send a formal notice to the guarantor of the responsible builder, by registered letter with acknowledgement of receipt, who will be responsible, as a delivery guarantee, for taking all necessary steps. Before accepting the change of builder, the project owner is advised to check the latter’s insurance (civil liability, ten-year guarantee, etc.) and to inform their building damage insurance of the changes made.
Observation of disorders during the reception of the house
Once the construction work is completed, a joint visit takes place, in the presence of the builder and the project owner, to proceed with the acceptance of the new house. The stage of acceptance of the house is essential, because it allows to identify all possible construction defects, poor workmanship and/or non-conformities. The defects discovered are recorded in the acceptance report, which the builder must correct, under the perfect completion guarantee . If additional reservations are noted after acceptance of the house, they must be reported to the builder, by registered letter with acknowledgment of receipt, within eight days at the latest. In the event of reservations expressed, the project owner is entitled to keep the remaining 5% in an escrow account (at the bank or with the notary), until the reservations are lifted. The amount may also be proportional to the repair work that the builder must carry out. The remaining amount may only be paid to the builder once the construction defects have been repaired, within the legal period of one year. If, at the end of the year of perfect completion, reservations remain, the 5% deposited will revert to the project owner. The latter will then be free to entrust the completion of the necessary work to the company of its choice. In the event that said 5% proves insufficient, proceedings may be initiated against the builder by the project owner to obtain compensation for all of its losses.
Discovery of disorders after receiving the house
Any problems that occur after the new house has been delivered are covered by the three legal construction guarantees
Perfect completion guarantee: any defects that occur during the first year following receipt are covered by the perfect completion guarantee. The builder responsible for the repairs must be informed of any problems that have occurred by registered letter with acknowledgment of receipt.
two-year or proper functioning guarantee : affected elements that can be dismantled and separated from the main structure, such as heating, doors or sanitary facilities, are guaranteed for two years. The project owner must notify the builder by registered letter with acknowledgment of receipt of any defect or disorder affecting these elements within this period.
ten-year guarantee: the ten-year guarantee covers the structural elements that could affect the solidity of the structure, or those that make it unfit for its intended purpose. It takes effect once the perfect completion guarantee has expired and for a period of nine years. Any defects that appear must be reported, at the same time, to the builder of the house, as well as to the building damage insurance. The building damage insurance, taken out by the project owner, allows for early compensation for repairs to be made.
Building a house: seek expert help
When building a house, the project owner must be particularly attentive to all stages of construction. However, it often happens that the technical knowledge of the project owner is exceeded by the reality of the facts. To avoid unforeseen problems, it is advisable to call on a building expert, upstream of the construction site. The independent building expert supports the project owner during each phase of construction (construction site, reception, dispute , etc.), advises him, while providing him with his technical skills, essential for the smooth running of the project.