It is Rightly that a Court of Appeal

Application pratique:

The case law confirms that the builder must bear the entire cost of a new sanitation system when it is the sole means of restoring normal habitation. As first-time buyers, you should formally demand a full replacement, referencing this decision, and reject any inadequate patch. Keep all expert reports, correspondence, and photos as evidence. If the builder refuses, you can take the matter to court to enforce your rights under the ten-year warranty.

Application pratique:

Under this decision, the company responsible for the defects must cover the full cost of a new drainage system if that is the only way to make the flat habitable again. The landlord should not accept a short-term fix; instead, serve formal notice on the company to carry out a complete replacement, citing this case law. Keep invoices, tenancy agreements, and expert assessments to prove loss of rental income. If necessary, seek a court order to force compliance.

Application pratique:

The case law makes it clear: the contractor must pay for an entirely new sanitation system because it is the only solution to restore normal habitation for all residents. The co-owners, through the syndic, should pass a resolution rejecting the partial fix and demanding the full replacement, citing this decision. They should also instruct a lawyer to send a mise en demeure (formal demand) to the contractor, preserving all expert reports and meeting minutes as evidence. If the contractor still refuses, the co-owners can collectively take legal action.