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An individual house builder
Droit Immobilier

An individual house builder

📅 Decision of 07 October 1992🔄 Updated on 4 October 2026⚖️ Cour de cassation👁️ 11 views📖 2 min read

For an individual house builder who has taken out the delivery guarantee at the agreed price provided for by Article R. 231-8 of the French Construction and Housing Code, the bank liable under the guarantee is entitled, when the conditions for implementing it set out in Article R. 231-11 of the same Code are met, to deduct an excess of 5% from the amount of compensation due to the building owner.

Reference decision: cc • N° 90-15.204 • 1992-10-07 • View the decision →

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

The situation

For an individual house builder who has taken out the delivery guarantee at the agreed price provided for by Article R. 231-8 of the French Construction and Housing Code, the bank liable under the guarantee is entitled, when the conditions for implementing it set out in Article R. 231-11 of the same Code are met, to deduct an excess of 5% from the amount of compensation due to the building owner.

What the law says

This decision confirms the fundamental principles of property law.

Key points

  • Strictly comply with the legal time limits for appeals
  • Keep all your supporting documents (title deeds, deeds, correspondence)
  • Plan 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: 90-15.204
  • Court: Cour de cassation
  • Decision of: 07 October 1992

Keywords

droit immobilierjurisprudenceimmobilier
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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