TV Reception Problems: Builder Must Make Repairs Even After Completion

Imagine: you have just moved into your house in Valenciennes, but since the new building went up opposite, your television only picks up snowy images. The builder tells you the work is finished, that it is too late. This situation, experienced by hundreds of residents, found a clear answer in a judgment of the French Cour de cassation of 2 March 1983.

The law indeed requires the builder to finance and install, under the supervision of Télédiffusion de France (now TDF), a collective reception or retransmission installation to ensure satisfactory reception in the neighbourhood. This obligation does not disappear with the handover of the keys.

The question that arises for every affected owner: can I still take action after the building is completed? The judgment of 2 March 1983 answers yes, and this even if the problems only manifest after construction. Analysis.

The Facts: A Story That Happens Every Day

In Valenciennes, a property developer builds a multi-storey building. Upon delivery, local residents, including Mr X, owner of an adjoining house, notice that television channel reception is severely degraded. The building blocks the hertzian waves.

Mr X and his neighbours ask the builder to install a retransmission device, as provided for in Article 72 of the Law of 31 December 1976 (now Article L. 112-12 of the French Construction and Housing Code). The builder refuses, arguing that the building is completed and that his obligation should have been invoked before the end of the works.

The residents bring proceedings before the tribunal de grande instance of Valenciennes, which rules in their favour. The builder appeals. The cour d'appel of Douai upholds the judgment: the obligation to install a reception or retransmission system is attached to the very act of building, regardless of completion. The builder then appeals to the Cour de cassation. But the High Court dismisses his appeal on 2 March 1983, thereby enshrining the principle that the builder cannot avoid this obligation by invoking the end of the works.

The Reasoning of the Court — Analysed

The Cour de cassation relies on Article 72 of the Law of 31 December 1976, now Article L. 112-12 of the French Construction and Housing Code. This text imposes on builders benefiting from a building permit issued after 10 August 1974 the obligation to have installed, at their expense and under the control of TDF, a reception or retransmission installation suitable for ensuring satisfactory reception conditions in the vicinity of the planned construction.

The Court specifies that this obligation is attached to the very act of building certain categories of buildings likely to cause nuisance. Consequently, the builder cannot free himself from it by invoking the completion of the building. The mere fact of having built a building that disrupts reception is sufficient to engage his liability, without needing to prove a separate fault.

The judges reject the builder's argument that the problems were not "current" at the time of construction. They consider that problems can arise subsequently, as long as they are due to the presence of the building. Thus, the cour d'appel of Douai correctly applied the text in ordering the necessary measures. This decision confirms a broad interpretation of the legal obligation, protective of residents.

Note that the Cour de cassation is not creating a new rule here, but clarifying the scope of an existing text. It precludes any attempt to circumvent it based on the chronology of the works.

What This Means for You — Practically

If you are the owner of a house or flat in Aniche, and a building constructed after 1974 disrupts your television reception, you can require the builder to install, at his expense, a collective aerial or a repeater. The cost of such an installation can vary from €5,000 to €20,000 depending on complexity.

For tenants, it is for the landlord to assert this right. If you are a purchaser of a property in a condominium, check whether the developer has complied with this obligation: the absence of an installation may justify a warranty claim.

Co-owners of a multi-occupancy building can also take action if the neighbouring building was constructed without an adequate device, causing problems for the entire residence. Note: the limitation period is five years from the manifestation of the problem, not from the completion of the works.

If you are in this situation, you must gather evidence: witness statements from neighbours, a bailiff's report (cost about €200), letters to the builder. If he refuses, bring proceedings before the tribunal judiciaire. Bailiff and lawyer costs can be claimed from the builder if successful.

Four Tips to Avoid This Type of Dispute

• Before buying a building plot or a new home: ask the seller or developer about the existence of a TV reception installation compliant with Article L. 112-12. Demand the communication of the TDF certificate.
• If you are a builder: do not neglect this obligation. Have the wave coverage study carried out as soon as the building permit is filed. The cost is minimal compared to a lawsuit.
• If a problem is noticed: act quickly. Send a registered letter with acknowledgement of receipt to the builder, enclosing a report of degraded reception (for example, have an aerial technician come).
• For condominiums: during the general meeting, put the question of TV reception on the agenda. If problems are reported, mandate an expert to assess the solutions.

Besoin d'un conseil personnalisé ? Contactez Maître Zakine — première consultation 30 min à 45€.

Further Reading: Related Case Law and Developments

Before this judgment, some courts of appeal considered that the builder's obligation ended upon completion of the building. The decision of 2 March 1983 put an end to this divergence. Subsequently, the Cour de cassation extended this obligation to builders of individual houses (Civ. 3e, 10 May 1989, No. 87-17.123).

More recently, the question has arisen for disruptions caused by new technologies (5G, fibre). Courts tend to apply the same reasoning: any building that creates a screen to waves engages the liability of its builder, on the basis of Article 1240 of the French Civil Code (liability for fault).

The future may see an extension to private relay antennas, but for now, only constructions subject to a building permit are concerned. The trend is clearly towards protecting residents.

In Practice: What to Do

FAQ

Q: Can I take action if the building was constructed before 1974?
A: No, the legal obligation only applies to permits issued after 10 August 1974. However, you can invoke the theory of abnormal neighbourhood disturbances (Article 1240 of the French Civil Code) if the interference exceeds normal inconvenience.

Q: What are the time limits for taking action?
A: The limitation period for legal action is 5 years from the day you became aware of the problem. Have the disruptions recorded as soon as they appear.

Q: Can the builder refuse if the building has been sold?
A: No, the obligation is attached to the construction, not to ownership. You can take action against the original builder, even if he has sold the building.

Q: What if the builder has installed a system, but it is insufficient?
A: You can request compliance. Have an expert in hertzian reception draw up a report. If the installation does not meet TDF standards, the builder must redo it at his expense.

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 →