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Application pratique:

Under the case law, the two-year guarantee does not automatically start from provisional acceptance if reservations were not fully satisfied. You should obtain the final acceptance record and any correspondence about the unresolved reservations. Notify the developer in writing that the guarantee period only begins once the reserved defects are properly repaired, so your claim is still valid. Seek legal advice immediately to assert your right to repairs under the guarantee.

Application pratique:

This case law clarifies that the guarantee's starting point is not the provisional acceptance if reservations remained unresolved. Collect all evidence proving the plumbing issues were part of the original reservations and were never fully rectified. Formally notify the builder that the guarantee period was suspended until proper completion of the reserved works, making your July 2022 claim timely. Consider consulting a solicitor to initiate legal proceedings if the builder refuses to undertake the necessary repairs.

Application pratique:

According to the precedent, the two-year period does not commence from provisional acceptance when reservations like waterproofing are not fully resolved. The syndic must review the final acceptance report to confirm whether the reservation was ever lifted. Write to the developer stressing that the guarantee period started only when the waterproofing was adequately fixed, which has not yet occurred, so the claim is not time-barred. Engage a lawyer to represent the co-owners collectively and pursue compensation or repairs through legal channels.