Action in Liability

This decision provides important clarity on your property law. Here is what it changes for you.

The situation

The action in contractual liability against builders is time-barred after ten years from acceptance of the works, with or without reservations. It follows that the general contractual liability of a builder, for breach of the duty to advise, cannot be invoked, as regards defects affecting the works, beyond a period of ten years from acceptance (judgment no. 1). Likewise, the action of an individual house builder against a works contractor, relating to defects that were the subject of reservations at acceptance, is inadmissible where that action was brought more than ten years after acceptance; and the action of the purchasers against the building owner, brought before the expiry of the statutory warranty period, does not have the effect of rendering admissible the recourse action brought by the latter against the works contractors after the expiry of that period (judgment no. 2).

What the law says

This decision confirms the fundamental principles of property law.

Key points

• Strictly comply with the statutory time limits for bringing claims
• Keep all your supporting documents (title deeds, deeds, correspondence)
• Anticipate: preventive advice always costs less than litigation

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.