6 Tips for managing acquisition, delay and problems in CCMI
Maître Zakine, a lawyer specialising in CCMI, has 6 tips for you.
Article réalisé par Maître Zakine, Docteur en Droit, avocat de CCMI
Texte repris le 27 octobre 2023
1. Check that all clauses to be included in the at contract are there.
Article L. 231-1 of the Construction and Housing Code requires the builder of a single-family home to conclude a contract with the client.
The sentence is simple, but it is important. Many clauses must be included and the purchaser of the house, being a consumer, must be protected.
Contracts for the Construction of Individual Houses (CCMI) are contracts used for the construction of individual houses. When you sign a CCMI, you are protected by a money-back guarantee that allows you to get your money back if the builder does not fulfil its obligations. In addition, you will also be required to deposit a security deposit which will be used to cover any damage caused during construction. In summary, CCMIs offer additional protection for homeowners by guaranteeing the return of their money and covering damage caused during construction.
2. Are the manufacturer's guarantees present? Have you noted them all?
The promoter or CCMI builder must take out insurance - garantie de parfait achèvement, garantie biennale and garantie décennale. They must provide you with these and the names of the insurers. This is a crucial element. You should be aware of it at the time of purchase and keep it with you at all times.
The promise to sell is a legal document that commits both parties, the buyer and the seller, to enter into a contract of sale at a future date of completion. It is often used in the sale of properties under construction or renovation.
La promesse de vente prévoit généralement des conditions suspensive conditions that must be met before the sale is finalised. These conditions may include acceptance of the work, obtaining a bank loan or obtaining planning permission. build.
Once all the suspensive conditions have been fulfilled, both parties can sign the final sales contract. If one of the conditions is not fulfilled, either party can withdraw from the promise to sell without penalty.
In some cases, the parties may have recourse to a court-appointed expert to resolve disputes relating to the promise to sell. This may include verification of the suspensive conditions, the quality of the work carried out or compliance with the terms of the promise to sell. delivery times.
In summary, the promise to sell is a legal document that commits both parties, l’acheteur et le vendeur, à conclure un contrat de vente à une date future d’achèvement. Elle prévoit généralement des conditions suspensives qui doivent être remplies avant la conclusion définitive de la vente, comme la réception des travaux, l’obtention d’un prêt bancaire ou l’obtention d’un permis de construire. Si toutes les conditions sont remplies, les deux parties peuvent signer le contrat de vente définitif, sinon, l’une ou l’autre des parties peut se retirer de la promesse de vente sans pénalité. Il est possible de recourir à une expertise judiciaire pour résoudre les différends liés à la promesse de vente. Cela peut inclure la vérification des conditions suspensives, la qualité des travaux réalisés ou le respect des delivery times.
The biennial guarantee, also known as the guarantee of good working order, is one of the three guarantees available to a project owner. It is invoked in the event of difficulties arising following the delivery of the property, in the same way as the guarantee of perfect completion and the ten-year guarantee. It is also known as damage to work insurance.)
In accordance with Article 1792-3 of the Civil Code, the biennial guarantee covers the owner against all damage to the equipment of the dwelling for two years after the house has been delivered.
3. Check whether the specifications are met by the manufacturer.
When the contract was signed, a specification was drawn up and you accepted it. At the time of delivery (or delay), it is this document that will have contractual value. You will therefore have to take it back.
4. Check that the building permit was submitted within the contractual period and that the work complies with the building permit
Check that the documents given at the time of delivery of the CCMI are correct and that they are not false.
It can happen that the CCMI documents are wrong at the time of delivery. Do not hesitate to ask for help from a bailiffA surveyor can be called in to check the measurements and any defects. The deadlines are short, so do not hesitate to prepare this delivery beforehand, by making pre-delivery visits.
5. Documents returned on delivery of the construction have they have been verified and are–Are they real?
Lors de la livraison de votre CCMI, le promoteur vous fournit des documents. Vérifiez s’ils sont corrects et justes en vous faisant aider par des experts (huissier, expert en bâtiment,..) pour émettre des réserves. Si les documents CCMI sont faux et fournis par le promoteur, il faudra alors se retourner vers lui dans une procédure. Dans ce cas, nous ne pouvons que vous conseillez de vous rapprocher d’un avocat spécialisé CCMI.
6. If you have any problems, ask CCMI for rapid advice
En cas de litige, il ne faut pas hésiter à prendre contact le plus rapidement possible avec un avocat. Il pourra vous aider et solliciter en justice des dommages et intérêts en raison de la faute du constructeur qui a entraîné des préjudices.
Difficulties (e.g. construction defects) may arise during the acceptance of the built property. The acceptance of a CCMI house remains the crucial moment of the construction site since it is during the acceptance phase that the purchaser will express reservations based on an acceptance report. These reservations will have to be lifted by the builder under the legal guarantees of the construction.
This is why it is essential for the purchaser to deposit the sum of 5% corresponding to the balance of the overall cost of the project.
Another type of dispute that can arise is when a building site is abandoned. In this case, the buyer will be protected against the risk of non-performance of the work by the delivery guarantee. Your A lawyer will advise you and will ask you to contact your guarantor to implement the delivery guarantee.
Similarly, the CCMI lawyer can request the cancellation of the CCMI sale (resolution of the CCMI) on the grounds of fault on the part of the builder, particularly in the event of non-compliance with these mandatory rules requiring that all the parts and elements listed in the Construction Code are not present.
Therefore, the nullity of the contract for the construction of individual houses can be requested in court by the client through his lawyer, before the judicial court of the place where the building is located.
Consequences of invalidity :
When the CCMI is cancelled, it is retroactively annulled from the day it was signed. This is known as cancellation of the contract. The client may then request the return of the funds paid and compensation for damages.
Finally, it should be noted that the contract for the construction of an individual house (CCMI) is distinct from the contract for services.
The CCMII is used for the construction of a single-family house or a building comprising no more than two dwellings intended for the same owner for residential or mixed use on land owned by the purchaser. The CCMI can be concluded with or without the provision of plans.
In contrast, the contract for work is a works contract which can be concluded if none of the contractors involved is responsible for the provision of plans and if no contractor is responsible for the entire structural work. Other companies will be involved in addition to the main contractor.
Cabinet ZAKINE, lawyer specialising in CCMI and VEFAIn the event of delays, defects or deficiencies in the construction of a building, the company assists, advises and represents the purchasers in court when a resolution of the contract or damages are requested, either amicably or through the courts.
The law firm Zakine can request the cancellation of the CCMI to the detriment of the promoter.
Packages are put in place according to the support required.
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