Property dispute: understanding your rights and remedies

Application pratique:

This case confirms that decennial liability (the ten-year structural guarantee under French law) does not cover minor aesthetic defects that do not affect the building's solidity or use. Since the cracks were previously addressed by arbitration and the reappearance is only cosmetic, the landlord should not pursue a decennial claim. Instead, he should document the cracks with photos and a written report, then either arrange a simple redecoration at his own cost or request a goodwill gesture from the builder without legal action. Keeping the arbitration award and proof of remedial works is essential.

Application pratique:

The case law clarifies that minor cracks with purely aesthetic impact, especially after remedial works ordered by an amiable compositeur, do not trigger the ten-year structural guarantee. The buyer should commission an independent building surveyor to confirm the cracks are only superficial and not linked to foundation movement or water ingress. If the surveyor confirms no structural issue, the buyer can proceed with the purchase without fear of hidden defect liability, but should keep all documentation from the seller about the arbitration and repairs. If the cracks worsen or affect habitability, she should seek legal advice before signing.

Application pratique:

This case demonstrates that reappearing minor cracks of an aesthetic nature, after remedial works already carried out, do not constitute a decennial defect, as they do not affect the building's solidity or render it unfit for purpose. The co-owners should avoid expensive decennial litigation and instead treat the cracks as routine maintenance. The syndicate should obtain a technical assessment to confirm the cracks are superficial, then use the building's maintenance budget for cosmetic repairs. All records of the original arbitration and works should be archived in case future structural issues arise.