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The architect does not lose site supervision
Droit Immobilier

The architect does not lose site supervision

📅 Decision of 11 September 2026🔄 Updated on 11 October 2026⚖️ Cour de cassation👁️ 18 views📖 1 min read

The architect does not lose site supervision because the works were subcontracted.

Reference decision: cc • No. 76-10.847 • 1977-10-25 • View the decision →

This decision provides important insight into your property law rights. Here is what it changes for you.

The situation

The architect does not lose site supervision because the works were subcontracted.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

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

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

📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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Legal information

  • Number: 76-10.847
  • Court: Cour de cassation

Keywords

droit immobilierjurisprudenceimmobilier

Practical use cases

1

Landlord renovation: architect blames faulty subcontractor

A landlord in Paris is renovating a 19th-century apartment building at a cost of €250,000. The main contractor subcontracted the plumbing work, and six months after completion, leaks appear in three flats. The architect claims he is not responsible because the work was subcontracted.

Practical application:

Under this French Supreme Court decision (cc, 25 October 1977, no. 76-10.847), the architect does not lose site supervision duties simply because works are subcontracted. You should gather all contracts, invoices, site meeting minutes, and correspondence. Send a formal notice to the architect citing this case, demanding remediation of the defects. If no response, engage a bailiff (huissier) to officially record the leaks, and file a claim within the 10-year decennial liability period (garantie décennale).

2

First-time buyer: off-plan flat with defective finishes

A first-time buyer in Bordeaux is purchasing an off-plan apartment for €320,000. Before handover, the buyer notices uneven flooring and poor paint finishes. The developer says the subcontractor is at fault and the architect was not required to supervise subcontractor work.

Practical application:

This case law confirms that the architect retains full site supervision obligations even when parts of the works are subcontracted. Before signing the deed of sale, request copies of the architect's site supervision reports for all subcontractor work. At handover, record every defect in the official acceptance report (procès-verbal de réception). Keep all documents, including emails and photos. If defects appear after handover, you can claim against the architect within the legal warranty periods (1 year for perfect completion, 2 years for equipment, 10 years for structural issues).

3

Co-owners: facade renovation subcontracted without proper supervision

In a Marseille condominium, the co-owners have commissioned a facade renovation for €180,000. The main contractor subcontracted the scaffolding and stone repair to a specialist firm. The co-owners worry about safety and quality, but the architect says he only supervised the main contractor, not the subcontractors.

Practical application:

This decision establishes that the architect cannot avoid site supervision because works were subcontracted. As a co-owner, you can formally demand that the architect attend all site meetings, inspect the subcontractor's work, and produce written supervision reports. Keep minutes of co-ownership meetings and all correspondence with the architect. If problems arise, act within the 10-year decennial liability period and consider a preventive consultation with a property lawyer to clarify obligations before litigation.

Maître Cécile Zakine

About the author

Maître Cécile Zakine — Lawyer at the Alpes-Maritimes Bar, Doctor of Law. Every article in this magazine is based on the analysis of a real court decision, commented and put into perspective by Maître Zakine’s team.

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Disclaimer: The analysis presented on this site is for informational purposes only and does not constitute personalised legal advice. For advice tailored to your situation, contact a qualified lawyer.

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