As a construction lawyer in Paris, Maître Léa Scemama defends project owners facing defects and disorders, from a finishing flaw to damage that threatens the building. The real difficulty is not spotting the problem. It is linking it to the right guarantee, before the deadline expires. That is often where a case is won or lost.
A reversal on 21 March 2024 (Court of Cassation, Third Civil Chamber, appeal no. 22-18.694) narrowed this boundary: an item of equipment installed on an existing structure, such as a heat pump, a boiler or photovoltaic panels, falls under the decennial guarantee only if it constitutes a work in its own right. Otherwise, its defects fall under ordinary contractual liability, which changes the basis to invoke and the time limit to act.
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How we work
| Your situation | What we do | What you receive |
|---|---|---|
| The defect has just appeared | Legal classification, checking the time still open, preserving the evidence | A note identifying the guarantee available and the deadline not to be missed |
| The builder disputes it or has stopped replying | Formal notice, claim to the damage insurer, chasing the insurer's statutory deadlines | A constituted file and enforceable deadlines set running |
| The origin of the defect is disputed | Interim application for an expert, conduct of the expert process, technical submissions | A court expert report, the foundation of any compensation |
| The expert process is over | Quantification of the loss, substantive proceedings against the builders and their insurers | A quantified and documented claim |
| A deadline is close to expiry | Interim proceedings issued without waiting, negotiation continuing in parallel | Your rights preserved |
Our billing arrangements are set out on our fees page.
Which guarantee for which defect. Each guarantee has its own scope, its own duration and its own debtor. The table below places your defect.
| Basis | Defects covered | Duration | Starting point |
|---|---|---|---|
| Defects-liability guarantee, article 1792-6 of the Civil Code | Reservations recorded at handover and defects appearing within the year, notified in writing | 1 year | Handover |
| Working-order guarantee, article 1792-3 | Equipment separable from the structure: roller shutters, water heaters, entryphones | 2 years | Handover |
| Decennial guarantee, article 1792 | Defects that compromise the soundness of the works or make them unfit for their purpose | 10 years | Handover |
| Contractual liability, article 1792-4-3 | Intermediate defects and non-compliance with the contract, on proof of the builder's fault | 10 years | Handover |
Intermediate defects are those that fall short of the decennial threshold but result from the builder's fault: cosmetic cracking, badly laid tiling, paintwork that does not match the quotation. No guarantee applies automatically to them, the fault has to be proved.
Acceptance, the act that triggers everything
Acceptance is the act by which you accept the works, with or without reservations, as set out in article 1792-6 of the Civil Code. It sets the starting point of every guarantee and clears, or not, visible defects depending on whether you recorded them. Never sign an acceptance report without noting, in writing and in detail, every useful reservation.
Each defect has its guarantee
First year: the completion guarantee
Defects reported at acceptance, or appearing within the following year, fall under the completion guarantee. The builder must remedy them.
Two years: removable equipment
The malfunction of equipment that can be removed without damaging the building, such as a shutter or a water heater, falls under the two-year guarantee of proper functioning.
Ten years: the decennial guarantee
Defects that compromise soundness or make the property unfit for use fall under the decennial guarantee for ten years. Intermediate defects and contractual non-conformities are dealt with under ordinary liability rules.
How long you have to act, and what preserves your rights
Every period runs from handover, not from the discovery of the defect. Three points lose otherwise sound cases.
A complaint by letter, even by recorded delivery, interrupts none of these periods.
An amicable expert assessment run by the insurer does not interrupt them either, and a discussion that drags on consumes your time.
A claim brought in court, including an interim application, interrupts both the limitation period and the foreclosure period, under article 2241 of the Civil Code. That is the act that preserves your rights, and it also gets the defect formally recorded.
The damage insurer's own deadlines
Damage insurance pre-funds the repair of decennial-type defects without waiting for a liable party to be identified. Its strength lies in strict deadlines, running from the date the claim is notified.
| Step | The insurer's deadline |
|---|---|
| Notify its position on whether the guarantee applies | 60 days |
| Present an offer of compensation | 90 days |
Missing these deadlines is not without consequence for the insurer: it allows the insured to incur the repair costs and gives rise to interest. A poorly drafted claim notification, on the other hand, lets the insurer start the clock later or ask for further documents that hold the whole file up.
Proving the defect: the expert assessment
An unproven defect gives no rights. Before any trial, it is often decisive to obtain an expert assessment on an interim basis, under article 145 of the Code of Civil Procedure. The expert determines the origin of the defect, its seriousness and the liabilities, and the report forms the basis of compensation. Damage insurance can also pre-finance the repairs in parallel.
The mistakes that cost dearly
Accepting without reservations despite visible defects. Letting the deadlines specific to each guarantee slip by. Repairing yourself before any assessment, erasing the evidence. Forgetting to report the loss to the damage insurer. Each of these seemingly trivial mistakes is enough to defeat an otherwise well-founded claim.
Frequently asked questions
Should I refuse acceptance if there are defects?
In most cases it is better to accept while making written, detailed reservations. An outright refusal is justified only for works that are clearly unfinished or unusable.
How long do I have to act?
It depends on the guarantee at stake: one, two or ten years, without forgetting the ordinary limitation periods. The reflex is always the same: act quickly and have the defect recorded.
Who pays for the expert assessment?
The claimant usually advances the cost, which is then charged to the liable party once identified.
Defects sit within the wider framework of construction law, which sets out how each guarantee relates to the others.
In the same area of law
- Individual house building contract: reception and reservations under an individual house building contract.
- Works contracts: unpaid sums, extra works and subcontracting on a private site.
- Off-plan purchase: delivery reservations on an off-plan purchase.
Written by Maître Léa Scemama, avocate at the Paris Bar, Miraï Avocats. This page states the law applicable at its update date. It is general in nature and does not constitute advice tailored to a particular situation.