What to do in case of defects in a new construction?

Découvrir une malfaçon dans une construction neuve est une situation stressante pour tout maître d’ouvrage. Entre les vices apparents et les défauts qui se révèlent avec le temps, il faut connaître les recours juridiques disponibles pour protéger votre investissement. Cet article vous guide pas à pas sur les démarches à entreprendre et les garanties légales qui s’appliquent.

1. Identify the nature of the defect and the applicable guarantees

The three types of legal guarantees

In construction law, three main guarantees protect the buyer of a new property:

• The guarantee of perfect completion (GPA) : lasting one year from the date of completion of the works, it covers all defects reported in the handover report or by registered letter within the year.
• The two-year warranty (or proper functioning guarantee) : valid for 2 years, it concerns separable equipment elements (heating, shutters, faucets, etc.).
• The ten-year guarantee : lasting 10 years, it covers damages that compromise the solidity of the structure or render it unfit for its purpose (structural cracks, infiltrations, collapse).

Distinguish apparent defect from hidden defect

An apparent defect is a visible defect at the time of work acceptance (cracked tiles, chipped paint). It must be mentioned in the acceptance report to be covered by the GPA. A hidden defect, on the other hand, appears after acceptance and may fall under the ten-year warranty if it affects the solidity or purpose of the structure.

2. Immediate steps to take

Step 1: Compile a file of evidence

Upon discovery of the disorder, take dated photos, gather all contractual documents (estimates, invoices, plans, handover report) and keep written exchanges with the builder. A bailiff's report can be useful to preserve evidence.

Step 2: Put the builder on notice

Send a registered letter with acknowledgment of receipt to the builder or developer, precisely describing the defect and requesting its repair within a reasonable time (generally 15 to 30 days). This formal notice is essential before any legal action.

Step 3: Contact the damage insurance

If the defect falls under the ten-year liability, you must report the loss to your damage insurance company within 5 years from the acceptance of the work. The insurer has 60 days to make a compensation offer, then an additional 90 days to pay the funds. This procedure accelerates the handling of repairs.

3. Amicable and judicial remedies

Attempt at conciliation

Before initiating legal proceedings, prioritize an amicable solution: mediation, conciliation, or recourse to an amicable expert. These steps can lead to an agreement without legal fees and more quickly than a trial.

Legal action

If no amicable solution is found, you can refer the matter to the judicial court. For disputes under €10,000, the proximity court is competent. Above that, it is the judicial court. The assistance of a avocat expert is strongly recommended to assess the strategy, respect limitation periods, and maximize your chances of obtaining redress.

4. Pitfalls to avoid

• Do not sign the handover report without reservations : if you notice defects, you must mention them in the handover report. Otherwise, you will be deemed to have accepted the work as is.
• Do not let deadlines pass : the perfect completion guarantee runs for 1 year, the ten-year guarantee for 10 years. After these deadlines, you lose all recourse.
• Do not underestimate the importance of an expert : a judicial or amicable expert report is often decisive to prove the existence and origin of the defect.

5. Conclusion: the importance of being accompanied by a lawyer

Faced with a defect in new construction, time is against you. The procedures are technical and the financial stakes are often high. To secure your rights and obtain fair compensation, do not hesitate to consult a avocat expert in construction law. Maître Cécile Zakine assists you in Antibes, Cannes, Nice and

📅 Mis à jour le 26/08/2026 – Par Maître Cécile Zakine, avocate et Docteur en Droit à Antibes. ☎ 06 21 69 91 77.