Abnormal neighbourhood disturbances: the project owner held liable for cracks caused by their works

You have just finished building your house in Ornans, and your neighbour shows you cracks that appeared on his party wall since the start of the works. "It's not me, it's the company I paid!" you reply. Yet, the courts could well hold you responsible. This 1999 decision of the Court of Cassation confirms it unambiguously: the project owner, i.e. the person who has the construction done, can be condemned for abnormal neighbourhood disturbances, even if they did not personally wield the trowel. What exactly does this judgment say? And above all, how can you protect yourself?

The facts: a story that happens every day

In 1999, the company SEDV, a professional property developer, entrusted the construction of a building in Besançon to the company Sauget Bâtiment. The neighbours, the A... family, quickly noticed cracks in their building. Worried, they instructed a court-appointed expert who confirmed that the construction works were the cause of the damage. They then sued SEDV on the basis of abnormal neighbourhood disturbances. SEDV, in turn, brought a warranty claim against the contractor and architects, considering that they should bear the responsibility. The Besançon Court of Appeal condemned SEDV to repair the damage, but dismissed its warranty claim against the contractor. SEDV appealed to the Court of Cassation. The Court of Cassation dismissed its appeal, confirming that the project owner cannot seek recourse against the contractor for abnormal neighbourhood disturbances, unless the contractor was at fault. The case perfectly illustrates a classic conflict between neighbours and a developer.

The reasoning of the court — analysed

The Court of Cassation relies on two legal pillars. First, the theory of abnormal neighbourhood disturbances (now enshrined in Article 1240 of the Civil Code, which requires reparation for damage caused by one's fault). According to this theory, whoever causes a disturbance exceeding the ordinary inconveniences of neighbourhood must repair the harm, without needing to prove fault on their part. In this case, SEDV, as project owner, is the origin of the works and therefore of the disturbance. Next, the Court examines the contractual relationship between SEDV and the contractor. It recalls that the project owner cannot invoke a presumption of liability against the contractor, because the latter is not the keeper of the site in the legal sense. The contractor committed no fault: it did not breach its duty to advise (obligation to inform the project owner of risks), because SEDV was a professional developer deemed to be aware of these risks. Thus, SEDV remains solely liable towards the neighbours. This reasoning confirms constant case law: the project owner cannot shift liability onto the contractor in the absence of fault by the latter.

What this means for you — concretely

If you are a landlord owner and you have a building constructed, know that you will be held responsible for damage caused to neighbours, even if you entrusted the work to a company. For example, in Baume-les-Dames, a private individual had to pay €15,000 in repairs after his construction site cracked his neighbour's facade. It is impossible to seek recourse against the contractor if the latter complied with the rules of the art. For a purchaser off-plan, the developer is responsible before delivery. In a condominium, works on common parts engage the liability of the syndicate. If you are a tenant, it is your landlord who must deal with it. Concretely, if you are implicated, you must: 1) report the loss to your civil liability insurance, 2) have the damage assessed by an expert, 3) negotiate an amicable or judicial compensation. The limitation periods are 5 years (Article 2224 of the Civil Code) from the manifestation of the damage. Amounts can range from a few thousand to several hundred thousand euros depending on the extent of the damage.

Four tips to avoid this type of dispute

• Carry out a joint inventory of condition before the start of works: with your neighbour, take photos and have a bailiff's report drawn up. This allows proving the initial state and avoiding disputes.
• Take out decennial liability insurance and civil liability insurance: it covers defects that may affect the solidity of the structure and damage to third parties. Mandatory for builders, strongly recommended for individuals.
• Require from the contractor a decennial guarantee and an insurance certificate: thus, if the contractor commits a fault, you can bring a warranty claim without difficulty.
• Inform your neighbours in writing: a registered letter describing the nature and duration of the works, with your telephone number, can defuse tensions and prove your good faith.

Further information: related case law and developments

This decision is part of a constant line. Already in 1994, the Court of Cassation had ruled (Cass. 3e civ., 28 June 1994) that the project owner is responsible for neighbourhood disturbances caused by works, even in the absence of fault. More recently, a 2018 judgment (Cass. 3e civ., 14 June 2018, no. 17-18.532) specified that this liability also applies in the case of hiring of works. The trend is therefore towards strengthening the protection of neighbours, to the detriment of project owners. Caution: if you are a professional, judges will be even more demanding regarding your knowledge of risks. Conversely, a private individual acting in good faith could obtain a reduction of liability if they prove that the contractor acted alone in fault.

What you absolutely must remember

1. Are you liable if you have construction works done? Yes, as project owner, you are presumed responsible for abnormal neighbourhood disturbances caused by the works, even if you entrusted the site to a contractor.
2. Can you seek recourse against the contractor? Yes, but only if you prove fault on their part (poor workmanship, non-compliance with the rules of the art, failure to advise). In the absence of fault, you remain solely liable.
3. What remedies does the neighbour have? They can sue you directly on the basis of abnormal neighbourhood disturbances. They must prove that the disturbance exceeds the normal inconveniences of neighbourhood and that it is linked to your works.
4. What is the time limit to act? 5 years from the manifestation of the damage (Article 2224 of the Civil Code). After this period, the action is time-barred.
5. What to do if you receive a summons? Contact your insurer and a specialised lawyer immediately. Do not attempt to negotiate alone, you could worsen your situation.

Are you in a similar situation? A first 30-minute consultation with Maître Zakine (€45) can save you months of proceedings — and often much more. Book an appointment →