A project owner cannot,

Reference decision: Cour de cassation • No. 17-19.823 • 2018-11-08 • View the decision →

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

The situation

A project owner cannot, under the guise of the irregularity of a design and build contract for a detached house, make the builder bear the liability for a defect in the execution of works, which it was certainly incumbent upon the builder to carry out, but which were executed by a third-party company, at the request of the project owner.

What the law says

This decision confirms the fundamental principles of property law.

Points to remember

Scrupulously observe the statutory time limits for bringing an action
Keep all your supporting documents (deeds, instruments, correspondence)
Anticipate: preventive advice always costs less than litigation

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

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

Homeowner's separate electrician causes fire, builder not liable

Sophie, a first-time buyer in Lyon, hired a design-and-build firm for a full renovation of her flat costing €45,000. Eager to save money, she separately hired an electrician for rewiring, a task originally included in the builder's contract. The electrician's faulty work sparked a fire causing €15,000 damage.

Practical application:

Under the 2018 Court of Cassation ruling, Sophie cannot hold the builder responsible for the fire, as the defective wiring was done by a third party she engaged. To avoid such issues, always ensure any work originally in the builder's scope is performed by them, or get written consent to modify the contract. Keep all contracts and correspondence as proof of who did what.

Landlord's separate plumber causes leak, builder escapes liability

Marc, a landlord in Bordeaux, contracted a builder for a €30,000 house extension including plumbing. He later decided to hire a cheaper plumber for €2,000 to install the bathroom pipes. The plumber's incorrect installation caused a slow leak, leading to €8,000 in water damage.

Practical application:

Because Marc brought in his own plumber for work that was part of the builder's contract, the builder is not liable for the resulting damage, per the ruling. To protect yourself, avoid splitting work packages without the builder's agreement and updated contract terms. Document any changes in writing, and confirm insurance coverage before permitting third-party works.

Co-owners' separate painter damages common area, syndic's contractor not liable

In a co-ownership building in Nice, the syndic hired a contractor to renovate the lobby for €25,000. Some co-owners, wanting a custom finish, separately hired a painter to apply a decorative coating. The painter used inappropriate materials that peeled and damaged the walls, requiring €5,000 in repairs.

Practical application:

The syndic's original contractor cannot be held liable for the painting defect because the work was performed by a third party hired by the co-owners, following the Cassation decision. Co-owners must not unilaterally hire other trades for common area works; any changes should go through the syndic and be properly contracted. This prevents disputes and ensures liability remains clear.

A project owner cannot,

The situation

What the law says

Points to remember

Legal information

Source

Keywords

Practical use cases

Homeowner's separate electrician causes fire, builder not liable

Landlord's separate plumber causes leak, builder escapes liability

Co-owners' separate painter damages common area, syndic's contractor not liable

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