How long French construction warranties last
| Warranty | Length | What it covers | Provision |
|---|---|---|---|
| Completion warranty | 1 year from acceptance | All defects reported, by reservations at acceptance or by written notice afterwards | Civil Code, art. 1792-6 |
| Equipment warranty | At least 2 years from acceptance | Equipment that is not inseparable from the building | Civil Code, art. 1792-3 |
| Ten-year structural warranty | 10 years from acceptance | Damage that undermines the soundness of the building or makes it unfit for its purpose | Civil Code, art. 1792 and 1792-4-1 |
Formal acceptance: the date everything depends on
Acceptance is the act by which the owner declares that it accepts the works, with or without reservations. It takes place at the request of either party, by agreement or failing that through the courts, and always in the presence of both parties (article 1792-6 of the French Civil Code).
The acceptance date starts all three warranties. It must therefore be certain: a dated report signed by both parties is the best evidence.
- Reservations. Record every visible defect in the acceptance report. It is through these reservations that the one-year warranty covers defects visible on the day.
- No written report. Where there was no written acceptance, the date can be disputed, and with it the end of each warranty. Have that point settled before a deadline is at stake.
The one-year completion warranty: report everything
For one year from acceptance, the contractor must repair every defect the owner reports, either through reservations in the acceptance report or, for defects that appear later, by written notice (article 1792-6 of the Civil Code).
Repair times are agreed between the parties. Failing agreement, or if the contractor does not do the work in time, the owner can, after formal notice has gone unanswered, have the work done at the defaulting contractor’s cost and risk.
The warranty does not cover work needed because of normal wear and tear or use. One year passes quickly: send a dated written notice you can prove well before the date the tool shows.
The two-year equipment warranty
Items of equipment that are not inseparable from the building within the meaning of article 1792-2 carry a warranty of proper working for at least two years from acceptance (article 1792-3 of the Civil Code).
An item of equipment is inseparable from the roads and services, foundations, frame, walls or roof of the building when it cannot be removed, dismantled or replaced without damaging or removing material from them. Damage to its soundness then falls under the ten-year warranty (article 1792-2).
The ten-year warranty for serious defects
Every builder is strictly liable to the owner or buyer for damage, even from a defect in the ground, that undermines the soundness of the building or, affecting one of its structural parts or items of equipment, makes it unfit for its purpose. The builder escapes liability only by proving an external cause (article 1792 of the Civil Code).
The builder is released from this liability ten years after acceptance of the works (article 1792-4-1).
Strict liability means the owner does not have to prove fault. It must show the damage, its seriousness and its link with the works. The defects covered are detailed on our page on the ten-year warranty.
Late-delivery penalties: the legal minimum for a new house
In a French contract to build a house that includes the design, penalties for late delivery cannot be set below 1/3,000 of the agreed price per day of delay (article R. 231-14 of the French Construction and Housing Code).
Worked example of late-delivery penalties
| Item | Value |
|---|---|
| Agreed price | €240,000 |
| Minimum daily penalty | 240,000 ÷ 3,000 = €80 |
| Delay | 45 days |
| Penalties due | €3,600 |
These figures are a worked example. The contract can set a higher amount, never a lower one.
For other contracts, including off-plan purchases and works contracts, penalties depend on the contract terms. The tool lets you enter the daily amount the contract sets. See also our page on the house-building contract.
Mistakes that cost owners their warranty
- Counting from moving in or the key handover. The periods run from acceptance.
- Reporting a defect by phone. The one-year warranty requires reservations in the report or written notice.
- Waiting until the last week. When the expiry date is close, a letter may not be enough to protect your rights: court action may be needed before the date.
- Mixing up the warranties. A broken roller shutter and a crack right through a wall do not fall under the same period.
Building defects insurance is not covered by this tool: its notice and reply periods are set by the French Insurance Code.
