The Var département, like other regions of France, is not immune to the mishaps associated with building or buying a property. In this article, we will highlight the main concerns of property law, i.e. faulty workmanship, defects, latent defects and site abandonment.
Faced with the abandonment of construction sites, a real scourge in the construction sector, protecting your interests requires in-depth knowledge of appropriate legal remedies becomes crucial. Here are the five essential points to deal with this delicate situation and preserve your rights that we offer you Me Zakine, lawyer in Lille and throughout France, particularly in the Var and Saint Raphaël regions
Advice from Me Zakine, lawyer throughout France and in Lille
The most common problems in property and construction law in Saint Raphaël
1. Defects in the case of VEFA construction or under a CCMI or other type of works contract
A poor workmanship is a defect in construction or finishing (this is what we call reservations) which does not correspond to the standards or requirements stipulated in the contract (these are contractual non-conformities). In the Var, as elsewhere, the presence of defects may give rise to legal action.
Under the terms of the ten-year guarantee, the company responsible must repair any damage that compromises the solidity of the structure or renders it unfit for its intended use for a period of 10 years after acceptance of the work. The company is obliged to have ten-year guarantee insurance before starting the work, and it must hand it over to the customer, the client.
Be sure to take out specific damage to work insurance, which the customer must take out in the event of faulty workmanship. This insurance covers defects by paying a sum to the purchaser, without the company being held liable.
2. Disorders
Disorders, often confused with defects, are anomalies or faults affecting a building after delivery. They may be apparent at the time of handover or appear at a later date. The builder or developer must rectify any reservations within 12 months, corresponding to the guarantee of perfect completion.
Apparent defects are generally covered by the guarantee of perfect completion, which obliges the builder to repair them for one year after acceptance of the work. If the problem is serious and compromises the solidity of the structure or renders it unfit for its intended use, the ten-year guarantee will apply.
If the builder or developer fails to comply, legal action, including summary proceedings, will have to be taken.
3. Hidden defects within 2 years of discovery: don't delay!
A hidden defect is a defect not apparent at the time of sale but which makes the good unfit for the use for which it is intended, or which so reduces its use that the buyer would not have acquired it, or would have done so at a lower price, if he had been aware of it.
In the Var, the purchaser of a property can take legal action against the seller on the basis of the guarantee against hidden defects set out in the Civil Code. They have two years from the discovery of the defect to take legal action.
Call in a surveyor or take legal action to have a court-appointed surveyor appointed to provide you with perfect proof and ask for the work to be carried out and possibly for damages.
You should be aware that if the action for latent defects shows that the sellers were aware of the defects, fraud, i.e. their deception, will enable you to apply for the sale to be declared null and void (retroactive to the date of sale) if the latent defects prove to be very serious and important and prevent you from living in the house.
I. SITE ABANDONMENT
1. Identify abandoned building sites as quickly as possible
Slowing down, sporadic visits to the site, blackmail for calls for funds, partial or total abandonment - these are just some of the cases (which are not exhaustive) in which a site may be abandoned.
2. Examine the clauses of the contract you have signed
Everything must be set out in the contract. That's why we advise you to avoid any problems by checking all the clauses of the contract before you sign it, and sometimes to call in a real estate lawyer. It is essential to review the terms of the contract in detail to identify specific provisions relating to deadlines, delays, penalties and termination conditions. The clauses relating to insurance and guarantees in the event of site abandonment should also be studied in detail. Check that the contractor has provided you with a ten-year insurance certificate.
3. Send the contractor a registered letter with acknowledgement of receipt
In the event of suspected abandonment, it is crucial to formally notify the contractor in writing, in accordance with legal procedures. This notification must clearly state the delays observed, the problems encountered and the expectations for resumption of the work. This step marks the beginning and the proof of the abandonment of the worksite. To be even more rigorous, have a bailiff's report drawn up, which you can enclose with your letter.
4. Attempt to resolve the dispute amicably
Before taking tougher legal action, it may be a good idea to explore the options of negotiation and mediation to avoid lengthy litigation, which sometimes requires a court hearing.
5. Take the case to court if you are unsuccessful
If negotiation and mediation efforts do not produce satisfactory results, consider taking the matter to court. You may have options such as terminating the contract, hiring another company to complete the work, or taking the contractor to court for breach of contract and claiming damages. In such cases, it is imperative to consult a avocat expert en droit immobilier in Saint Raphaël and in the Var to obtain the appropriate advice and adopt the best strategy.
In conclusion, dealing with an abandoned building site in La Ciotat and the Var requires an in-depth understanding of the real estate law and strategic planning rigorous.
En somme, faire face à un abandon de chantier requiert vigilance et perspicacité. En vous armant de ces cinq points clés, vous saurez naviguer habilement dans ce contexte complexe et protéger au mieux vos droits. En cas de besoin, consultez un avocat expert en droit de la construction, garantissant une expertise sur mesure et des conseils adaptés à votre situation spécifique.
II. DEFECTS OR LATENT DEFECTS AFTER ACQUISITION
You've bought the house of your dreams or had it built.
But you discover defects when the house is delivered and the keys handed over. Or hidden defects appear when you move in after buying a house that has already been built and sold by a private party. These are known as hidden defects.
- The letter of formal notice: the perfect proof and the ideal weapon to put pressure on the seller or the company, especially when it is drafted by a lawyer: send a letter of formal notice with acknowledgement of receipt requesting that any reservations be remedied by carrying out remedial work, or requesting explanations in the case of hidden defects.
- Call on a lawyer who is an expert in property and construction law to avoid making mistakes from the outset and to choose the right strategy.
- Call in a building expert but only if the expert report is contradictory, i.e. in the presence of the opposing party. Otherwise, it will have no value in court. You can call in an expert just to obtain his opinion, in the first instance, without the other party being informed.
- Judicial expertise: it may be necessary to call on the courts to appoint a judicial expert if the opposing party does not intend to conciliate or does not respond. The expert's report can be used to exert pressure and obtain compensation for damage or the removal of reservations.
- Claim damages in court: after the expert's report, you can claim damages in an action for liability for hidden defects.
The Zakine Cabinet supports you on the question of abandonment of construction site or as part of an action for hidden defects in order to preserve your rights and best defend your interests
Frequently asked questions
What to do in case of abandonment of the construction site by my builder?
En cas d’abandon de chantier, vous devez d’abord constater l’arrêt des travaux (ralentissement, absence prolongée) et envoyer un courrier recommandé avec accusé de réception au constructeur pour le mettre en demeure de reprendre les travaux. Si aucune réponse, vous pouvez engager une procédure judiciaire pour résiliation du contrat et demander des dommages et intérêts. Un avocat expert vous aidera à sécuriser vos démarches.
What are the deadlines to act after an abandonment of works?
It is crucial to act quickly at the first signs of abandonment, as the limitation periods (5 years for the action in contractual liability) run from the date of abandonment. A formal notice must be sent without delay, and legal action may be brought within 5 years. Consult a lawyer without delay to avoid losing your rights.
Can I terminate the construction contract in case of site abandonment?
Yes, you can request judicial termination of the contract for non-performance of obligations by the builder. You must demonstrate abandonment (prolonged stoppage, failure to resume after formal notice). Termination results in restitution of sums paid and damages. A lawyer will assist you in this procedure.
What are the costs of a procedure for abandonment of works?
Costs vary according to complexity: lawyer's fees (flat fee or hourly, generally between €1,500 and €5,000), possible expert fees (€1,000 to €3,000), and court costs (stamp duty, service). Some lawyers offer an initial consultation at a fixed price (around €200-300). Request a detailed quote.
What to do if the builder has abandoned the site and no longer responds?
If the builder is unreachable, send him a formal notice by registered letter with acknowledgment of receipt. In the absence of a response, refer the matter to the judicial court to have the abandonment established and obtain termination of the contract. You can also check whether the decennial liability insurance or the delivery guarantee can intervene. A lawyer will advise you on the best strategy.
