The Completion Guarantee Must

Application pratique:

This case law states the completion guarantee must ensure the works match the planning permission as per the contract. If the change is substantial (e.g., affecting usability or value), Alice can treat it as non-completion. She should immediately photograph the discrepancy, write a formal letter to the developer and the guarantor bank demanding correction, and if ignored, seek a court order to enforce the guarantee. Keep all initialled plans and correspondence.

Application pratique:

Under this ruling, the completion guarantee must fund works according to the original contract and planning consent. Bruno can treat the unfinished common areas as a substantial non‑compliance and invoke the guarantee. He should notify the guarantor (usually a bank) in writing with a formal demand to complete within a reasonable time, referencing the Cour de cassation decision and Article R. 261‑1. If no action, legal proceedings can compel performance.

Application pratique:

This decision confirms that a building is not ‘complete’ if there is substantial non‑compliance with the planning permission. The co‑owners’ syndicate should formally notify the guarantor that the parking provision is a material breach, demanding completion or compensation. They should gather the original contract, planning consent, and a huissier’s (bailiff’s) report recording the shortfall. If the guarantor refuses, the syndicate can sue to enforce the guarantee and recover costs.