Your guarantees when buying a new property

Once a building has been delivered, legal guarantees ensure your protection. In other words, several courses of action are open to you should you discover any defects or faults after taking possession of your new property.

The First Year Guarantee

This guarantee lasts one year from the handover date and relates only to the builders who carried out the work. It covers all damages noted down in the handover statement (procès verbal) and all those notified by registered mail during the following year. Both parties must mutually agree upon a date by which the repair work will be finalised. In the case of disagreement on the date or failure to carry out the work, a formal demand (mise en demeure) must be sent by registered mail to the other party. If the recipient does not react, you can apply for summary judgement (référé) to the county court (tribunal de grande instance) asking the court to authorise you to have the work carried out by a third party at the expense of the defaulting builder. The scale of importance of the defect makes no difference, whether it be a building fault, a household appliance that does not work or a fault that affects the stability of the whole building. On the other hand, this guarantee does not cover defects due to normal wear and tear or to poor upkeep..

Two Year Guarantee

This guarantee applies for two years from the date of handover. It covers all defects observed on fixtures and fittings that are not connected to the construction. This includes all fittings whose removal, disassembling or replacement can be carried out without affecting their original support (shutters, doors, radiators, taps, etc.). To activate this guarantee you must send the vendor of the property a registered letter. If you receive no reply, you must apply for summary judgement to the county court to have the work carried out.

Ten-Year Guarantee and Workmanship-Damage Insurance

The construction of the building is guaranteed for ten years covering any defects that render it unfit for its purpose (faulty roof, ineffective waterproofing, etc.). It also covers defects relating to fixtures and fittings which cannot be dissociated from the foundations and structure which render the property unfit for its purpose, namely habitation. The implementation of this guarantee is underwritten by a compulsory damage insurance policy taken out by the contractor or developer in the case of an off plan development. To activate the workmanship-damage insurance, you must send a registered letter to the insurer stating the defects. This process will ensure that you receive rapid compensation and it is up to the insurer to take proceedings against those responsible.

INFORMATION : Sound Insulation Guarantee
Your accommodation must satisfy minimum requirements in terms of noise protection. To this end, you are protected by a sound insulation guarantee which is part of the First Year Guarantee. You have thus one year from handover of the property to notify all defects. If the acoustic defects render the property unfit for its purpose, the then-year guarantee applies. In other words, noise defects are covered by the workmanship-damage insurance for a period of ten years from the date of possession!

LABELS
- The Promotelec label covers the quality, performance and safety of electrical fittings and guarantees that the electrical fittings and fixtures are carried out according to standard practices. This covers electrical equipment, heating, hot water heating by electricity, thermal insulation and electrical ventilation of the property.
- The Qualitel label applies to the whole construction. It certifies seven performance criteria: phonic insulation (inside and out), provisional costs of heating and hot bathroom water, thermal insulation in the summer, the quality of plumbing and electrical equipment and the durability of roofs and walls. Some professionals are certified ISO 9001, 9002, or 9003. This international standard guarantees the quality of all the company’s services. Qualiprom certifies the housing production process and a Marque NF logement (French Housing Label) has also recently been created.

Useful addresses

Ministry of Housing:
La Grande Arche, 92055 La Défense Cedex.
Tel.: 00.33.1.40.81.21.22
www.equipement.gouv.fr/logement

National Federation of Developer Builders (FPC):
106 rue de l’Université, 75007 Paris.
Tel: 00.33.1.47.05.44.36
www.fncp.fr

Source: Particulier a particulier