Defects-liability guarantee
The defects-liability guarantee is a mandatory statutory warranty owed by the contractor to the building owner for one year from the date of acceptance of the works. It covers all defects noted at acceptance or arising during the following year, regardless of their severity, and requires the contractor to remedy them within an agreed timeframe.
Key points
- It runs for one year from the date of the works acceptance report, not from the actual end of construction.
- It covers all types of defects, even minor ones (crack, waterproofing issue, faulty joinery).
- The contractor is personally liable, even if the defect originates with a subcontractor.
- It is distinct from the two-year guarantee (biennale, for separable fittings) and the ten-year guarantee (décennale, for structural integrity).
- Defects must be notified by registered letter with acknowledgment of receipt; if refused, the civil court may be petitioned.
Frequently asked questions
How do I enforce the defects-liability guarantee if the contractor does not respond?
The building owner must first serve formal notice on the contractor by registered letter with acknowledgment, granting a reasonable deadline to respond. If ignored, they may petition the civil court in summary proceedings to appoint an expert and, if urgency is established, to authorize having the works carried out at the defaulting contractor's expense.
Why is the date of the acceptance report crucial for this guarantee?
It is the date of the acceptance report — not the actual end of construction — that starts the one-year clock. A building owner who delays formal acceptance pending the contractor's correction of significant reservations gains time to invoke the guarantee. Conversely, accepting without reservation a visible defect extinguishes the right to claim its repair under this guarantee.
What is the difference between the defects-liability guarantee and the ten-year structural guarantee?
The defects-liability guarantee lasts one year and covers any reported defect, regardless of its impact on structural integrity or habitability. The ten-year guarantee covers for a decade defects that compromise the building's structural integrity or render it unfit for its intended use. The décennale must be covered by insurance taken out before work begins, which is not required for the one-year guarantee.
In practice
A buyer taking delivery of a new off-plan apartment notes three minor reservations (sticking closet door, missing tile grout, faulty tap). He lists them in the acceptance report. The contractor does not respond within 30 days. The broker, following up post-purchase, advises the client to send a registered formal notice, which prompts the developer to intervene within a week.
Official sources
- Guarantees after receipt of works · Service-Public.gouv.fr
- Sale agreement and loan condition precedent · Service-Public.gouv.fr
- Housing and financing information · ANIL