Construction law lawyer in Paris: five regimes, one timeline
Building, buying off-plan or running a project involves large sums and an interlocking set of guarantees. The firm brings together here its construction law work, from the contract to the repair of defects. It acts for clients and before courts throughout France.
Maître Léa Scemama
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Each stage has its own regime and deadlines. Choose the topic that matches your situation.
Five regimes, one preliminary question
Construction law is rarely difficult for technical reasons. The difficulty lies in a preliminary question, usually asked too late: which regime does your project fall under. The contract signed, the status of the parties and the presence or absence of a formal handover determine everything else, starting with the time you have to act.
| Your project | Applicable regime | What it changes |
|---|---|---|
| You are having a house built and entrust the plans and the works to a single professional | Individual house construction contract | Fixed price, capped payment schedule, compulsory completion guarantee, ten-day withdrawal period |
| You are buying a new home before it is built | Off-plan sale | Regulated staged payments, financial completion guarantee, 5 % held in escrow at delivery |
| You entrust works to one or more contractors, with no single builder | Private works contract | Freedom of contract, but article 1793 on extra works, retention money, subcontracting rules |
| A defect appears after handover | Statutory construction guarantees | Defects liability one year, working order two years, decennial ten years |
| A serious defect compromises the works | Decennial guarantee and damage insurance | Strict liability, pre-funding by the insurer without waiting for a trial |
The timeline of a project, from contract to expiry of the guarantees
This timeline applies to most projects. The durations depend on the project itself.
| Stage | What is at stake | Marker |
|---|---|---|
| Before signature | Choice and classification of the contract, checking the compulsory guarantees | No statutory deadline. In a CCMI the contract itself sets the long-stop date for the conditions precedent, article L231-4 |
| Signature | Start of the withdrawal period where one exists | Ten days for a CCMI and for a non-professional buyer |
| Works | Payment requests, extra works, delays, possible abandonment | Two months to obtain the building permit for a house, article R423-23, then nine to twelve months of works on average |
| Handover | The central act: it starts every guarantee and clears visible defects not recorded | Day zero for the guarantees |
| The following year | Defects-liability guarantee, lifting of reservations, retention money | 1 year |
| Two years | Working-order guarantee on separable equipment | 2 years |
| Ten years | Decennial guarantee and intermediate defects | 10 years |
One point matters more than the rest: handover governs everything. Without it, no statutory guarantee runs. With it, every period starts on the same day, and none of them reopens.
Which defect falls under which guarantee
This is the question that decides the outcome, and it arises before the question of who is liable.
| Nature of the defect | Guarantee available | Duration |
|---|---|---|
| Reservation recorded at handover, or defect appearing within the year | Defects liability, article 1792-6 | 1 year from handover |
| Faulty separable equipment: roller shutter, water heater, entryphone | Working order, article 1792-3 | 2 years from handover |
| Damage to the soundness of the works, or works made unfit for their purpose | Decennial, article 1792 | 10 years from handover |
| Less serious defect, but resulting from the builder's fault | Contractual liability, article 1792-4-3 | 10 years from handover |
| Equipment installed on existing works: heat pump, boiler, solar panels | Ordinary contractual liability, unless the equipment is itself a work | As per the contract |
That last line is recent and it changes many cases. Since a reversal of case law on 21 March 2024, an item of equipment installed on existing works falls under the decennial guarantee only if it constitutes a work in its own right. A heat pump fitted to an older house therefore no longer benefits, in principle, from the decennial regime.
What the firm brings at each stage
| When we act | What we do | What you receive |
|---|---|---|
| Before signing | Classification of the contract, review, checking the compulsory guarantees | A risk note and the list of amendments to obtain |
| During the works | Checking payment requests, formal notices, handling extra works | Useful correspondence and a position that holds |
| At handover | Preparing and drafting the reservations, advice on being assisted | A usable handover report and preserved deadlines |
| After a defect appears | Classification, claim notification, interim application for an expert | The right guarantee called, within the right time |
| In litigation | Quantification, proceedings against the builders and their insurers | A documented compensation claim |
Our billing arrangements are set out on our fees page.
Choose your topic
- Individual house construction contract (CCMI): the most protective contract available when you have a house built.
- Off-plan purchase (VEFA): guarantees and staged payments.
- Decennial guarantee: the ten-year liability of builders.
- Construction defects: classifying a defect and matching it to the right guarantee.
- Works contracts: price, retention, subcontracting and disputes.
See all our real estate law services.
Written by Maître Léa Scemama, admitted to 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.
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