- The guarantee of perfect completion
- The ten-year guarantee
- Contractual liability for intermediate damages
- The guarantee of good functioning
- Property damage insurance
So that your dreams of home, terrace, pool do not turn into a nightmare, you must be vigilant before, during and after the work. Fortunately, by law, you have a set of guarantees and insurance during any construction but also during any extension or renovation work. Learn to know them for the best use.
The guarantee of perfect completion
Your work is finished and you will be able to take possession of your new construction (house, terrace, veranda, swimming pool, etc.) at the reception of the works.
The reception of works is the act by which you accept the work as it is or with reservations.
It is from this date that the various guarantees to which you are entitled start to run. Be particularly vigilant. Inspect corners and nooks, check all visible elements and note down reservations in the minutes for all that does not seem to you to be consistent. Do not hesitate to be assisted by a professional.
In the year following the reception of the works, you benefit from the guarantee of perfect completion.
It concerns all defects, apparent defects or defects regardless of their importance and nature that you will have noted in the minutes when receiving the work.
It also covers those you have discovered within 12 months and which were not apparent on the day of the reception of the works. You must then report them to the contractor who performed the work by registered mail with acknowledgment of receipt.
The ten-year guarantee
The ten-year guarantee intervenes during 9 years after the guarantee of perfect completion. But it does not concern all the elements of the house and does not cover all the damage unlike the guarantee of perfect completion.
The ten-year guarantee concerns:
- The construction work, reconstruction, extension or heightening (house, terrace, veranda, garage, etc).
- The renovation work, rehabilitation (roofing, refacing, etc.)
- The equipment works when these are inseparable from the building (built-in kitchen, sealed chimney, etc.).
The ten-year guarantee applies in 2 cases for:
- Damage that compromises the strength of the building.
- Damage that renders the building unsuitable for its purpose.
Contractual liability for intermediate damages
Intermediate damage concerns all disorders that do not fall within the framework of the ten-year guarantee. Its prescription is 10 years from the date of receipt of the work. However, you must prove the fault or the negligence of the manufacturer.
The guarantee of good functioning
The guarantee of functioning is also called biennial guarantee of the elements of equipment. What defines it even better since as its name indicates it, it applies during the 2 years which follow the reception of works and it covers all the elements of separable and dismountable equipments of the construction: Doors, windows, shutters, faucets, radiators, household equipment, etc.
Currently for the application of this guarantee, the judges of the court of cassation appear to retain only the elements that "work" and exclude wall or floor coverings, paints or coatings.
Property damage insurance
The property damage insurance must be underwritten by the client prior to the start of work that may be covered by the ten-year guarantee.
The owner is you. It is therefore up to you to take out this insurance or to mandate the contractor who will subscribe for you. It is often included in the contract that binds you to the contractor when building a house or swimming pool.
The damage insurance works takes care of the settlement of the repairs of the damages within the framework of the ten-year guarantee. And that even before any search for responsibility. It is the insurance company that has compensated you that will then return against the insurer of the contractor responsible for damages.
Property damage insurance therefore allows you quick compensation and without frankness. It runs for 10 years from the date of receipt of the work.
If you sell your house, it is automatically transferred to the new owner.
Be particularly vigilant when receiving the work because it is this date that marks the beginning of the guarantees to which you are entitled in case of defects. And before choosing a contractor, check that he is well insured.