Lack of legal basis: a ruling which,

Application pratique:

This case law clarifies that for decennial liability to apply, the solar panels must be considered part of the construction work (ouvrage). The landlord should gather the original contract and technical specifications to show the panels were affixed to the building and essential to its integrity. If so, the builder's decennial insurance covers the damage. A lawyer can help assess whether the panels constitute an 'ouvrage' and file a claim within the 10-year period.

Application pratique:

Under this ruling, not every piece of equipment triggers decennial liability; it must be integral to the building work. The buyer should determine if the heat pump was specifically designed and installed as a permanent fixture essential to the dwelling's habitability. If the pump's malfunction renders the house unfit for purpose, decennial liability likely applies. The buyer must notify the builder and their insurer promptly, keeping all proof of installation and defect.

Application pratique:

The key lesson from the case law is that mechanical equipment like a lift must be assessed for whether it is incorporated into the building's structure or just added as a movable item. Co-owners should commission an expert report to prove the lift is an integral part of the building (e.g., shaft, structural supports) and its malfunction makes parts of the building inaccessible, thus unfit for purpose. They can then invoke decennial liability against the contractor, as long as the 10-year limit from completion is respected.