Guarantees after receipt of work

Verified 20 March 2024 - Directorate for Legal and Administrative Information (Prime Minister)

You had some work done on your house. Do you see any flaws? Be aware that even after the work has been received, you can issue warranties against the builder of the work. There are 3 such guarantees: perfect completion guarantee (FPA), guarantee of proper operation and ten-year guarantee. The common starting point for these 3 guarantees is the date of receipt of the works. We are taking stock of their implementation.

The manufacturer may be:

  • Architect, Contractor, Technician or Technical Controller
  • Real Estate Developer
  • Seller of building to be built or renovated
  • Individual home builder
  • Provider linked to the developer by a contract of leasing of works
  • A person or agent who sells, after completion, a work that he has built or has built
  • Manufacturer of a work, part of a work or piece of equipment

Any builder entrusted with the construction of a new or existing building (various buildings, housing, civil engineering works...) assumes his responsibility. It shall apply unless the manufacturer proves that the damage was caused by an exceptional cause (force majeure, made by a third party or in the absence of contracting authority).

The manufacturer is responsible depending on the warranty implemented.

During the year following receipt of the works, you are guaranteed perfect completion (GPA). It imposes oncontractor to repair during this period all the disorders reported, in the report of reception of the works, or during a notification later.

You must write to the contractor by letter RAR: titleContent to ask them to make the repairs within a time frame you set.

If the company does not intervene, you can attempt to mediation.

If the reparations do not occur within the set deadline, you can bring the case before the court within the year covered by the guarantee of perfect completion.

Who shall I contact

Warning  

Normal wear and tear does not allow the perfect completion guarantee to be used.

The duration of the guarantee of good operation is 2 years following the acceptance of works. It may be extended if the contract so provides.

This guarantee imposes on the builder repair or replace faulty equipment and shall apply only to disturbances not apparent on receipt of the work.

It's all the equipment items separable (which can be removed without degrading the frame, for example, the hot water tank).

To have this guarantee applied, you must immediately send a letter RAR: titleContent to the manufacturer concerned. You tell him the faults. You're asking them to intervene at their own expense within a time frame that you set for them.

If the company does not intervene, you can attempt to mediation.

If the reparations do not take place within the set deadline, you can bring the matter before the court.

Who shall I contact

During 10 years after receipt of works, you benefit from the ten-year guarantee.

It imposes on builder repair damage that was not detectable when the work was received. This guarantee ensures the damage that affects the strength of the inseparable equipment one from the other. This is damage that compromises the strength of the frame or makes it uninhabitable or unsuitable for its intended use.

Manufacturers' ten-year insurance covers damage to:

  • Foundation and framework works
  • Sustainability works (networks, sanitation)
  • Road (path)
  • Work with foundations (veranda, terrace, buried swimming pool...)
  • Inseparable equipment elements of the building (piping, ceiling, floor, central heating, door frames, built-in electrical installation...

To apply the ten-year guarantee, you must send a letter RAR: titleContent the manufacturer concerned by describing the disturbances to him.

He must repair them at his own expense for the 10 years covered by the warranty.

You must also report any problems to your insurer under your structural damage insurance. You'll have to send him a letter RAR: titleContent to obtain compensation for your damage.

Please note

Subcontractors are excluded from the scope of the ten-year guarantee because they have no direct link with the contracting authority. However, they shall be responsible for the obligations they have undertaken towards the manufacturer.

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