- Malfaçon: why to appeal to a bailiff?
- Intervention by a bailiff: the procedure
- Who pays the bailiff's fees?
To find a defect, the intervention of a bailiff is sometimes useful to give more weight and credit to your request and to obtain compensation for damage as soon as possible. Even if his intervention has a cost, it is possible to get a refund. For more complex cases, the intervention of an expert will be more appropriate.
Malfaçon: why to appeal to a bailiff?
In the case of poor workmanship, it is sometimes necessary to use a bailiff if the builder refuses to repair the damage or if it does not respond to your request. The bailiff will come to see the defects in your home and write a report that will bring credit and legal value to your request. But beware, its intervention is valid only if it is an apparent malfunction. Indeed, a bailiff does not have the knowledge and skills to detect a hidden defect and his report would then have no value. In the case of non-apparent defects, it is recommended to use a building expert.
Intervention by a bailiff: the procedure
If during the year following the reception of the work you notice an apparent malfunction, you must immediately notify your builder by registered letter with acknowledgment of receipt to repair the damage. If he refuses or does not answer your mail, put it on notice to carry out the repairs. If he does not answer within 15 days, then you can call a bailiff. The latter will write a report that must be sent to the judge of the nearest district court (or district court). It is the judge who will then engage the responsibility of the manufacturer and who will force him to repair the poor workmanship.
Who pays the bailiff's fees?
If you use a bailiff to find an apparent defect, the costs will be at your expense. Count around 250 euros. However, you can be reimbursed by your insurance under the guarantee of perfect completion during the first year. During the 10 years following the reception of the works, it is the damage insurance work which can then cover the expenses of bailiff. To be sure to pay nothing, call your insurance or court directly to send an expert to your home. The procedure will simply be longer.