The builder under a contract for

This decision provides important insight into your property law. Here is what it changes for you.

The situation

The builder under an individual house construction contract, whether or not it includes the provision of the plan, must take out a delivery guarantee, which in particular covers the cost of the works necessary to complete the structure and late delivery penalties exceeding thirty days. Accordingly, a court of appeal that limits the loss of enjoyment attributable to the bank after having nevertheless held that the bank's fault had deprived the purchasers of a delivery guarantee violates articles 1147 of the Civil Code, L. 231-2, k), L. 232-1, g), and L. 231-6 of the Construction and Housing Code.

What the law says

This decision confirms the fundamental principles of property law.

Key points

• Strictly comply with the statutory time limits for lodging an appeal
• Keep all your supporting documents (titles, deeds, correspondence)
• Plan ahead: preventive advice always costs less than litigation

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.