As a construction lawyer in Paris, Maître Léa Scemama assists individuals who build their home under a CCMI, the French new-build house construction contract. It is the most protective contract available to a non-professional project owner, provided you understand its guarantees and know how to react when the builder departs from its commitments.
What is a CCMI and when does it apply
The CCMI was created by the Act of 19 December 1990 and is governed by the Construction and Housing Code, at article L231-1 where the builder supplies the plans and article L232-1 otherwise. It applies whenever an individual builds a house, of no more than two dwellings, on land they own, entrusting the works and the design to a single builder. Its regime is a matter of public policy: no clause may derogate from it to your detriment.
The mandatory guarantees of the CCMI
A fixed price and the completion guarantee
The agreed price covers the whole of the announced construction and may only change within the strict revision limits set out in the contract. Above all, the completion guarantee at the agreed price and deadlines, provided by a financial institution, ensures the house is finished even if the builder defaults or becomes insolvent. It is the flagship protection of the scheme.
Regulated payment schedule, withdrawal and conditions
Payments are capped stage by stage: you only pay in line with real progress. The contract comes with a descriptive schedule detailing what is included, and you have a ten-day withdrawal period. Signing is also subject to conditions precedent: obtaining the loan, the building permit and the completion guarantee.
Common pitfalls
The first is the fake CCMI: some professionals dress their service up as a project-management contract or a plain works contract, precisely to escape the mandatory protections. The second concerns works said to be reserved to the owner, which display an artificially low price. The third is a vague descriptive schedule, riddled with references to works not included. Each of these grey areas is paid for, sooner or later, in extra costs.
Delays, abandonment, defects: your remedies
A delay in delivery gives rise to penalties, often underestimated. A serious failure justifies a formal notice and then activation of the completion guarantee. At handover, acceptance must be made with reservations if any defect is visible. To classify defects, our pages on construction defects and the decennial guarantee set out the remedies.
Frequently asked questions
Can I withdraw after signing?
Yes. You have a ten-day withdrawal period from receipt of the contract, without having to give a reason.
What happens if the builder goes bankrupt?
The completion guarantee takes over and funds the completion of your house at the agreed price and deadlines. That is the whole point of a genuine CCMI.
Can the price rise during the works?
The price is firm. Only the revisions provided for in the contract are allowed. Beware of works presented as reserved or not included, which increase the real bill.