Construction law and defects: what to do in case of dispute?
You notice defects after the purchase or construction of a property? The law provides several guarantees (perfect completion, decennial, etc.) to protect owners. Riviera Signatures explains how to assert your rights and initiate the right remedies in case of dispute.
Construction Defects and Hidden Flaws: Your Legal Recourse on the French Riviera
Buying a new property or building a villa on the French Riviera is an exciting and ambitious project. But when construction defects or hidden faults arise, the dream can quickly turn into a nightmare. Fortunately, French real estate law offers several mandatory legal protections and warranties to safeguard property owners.
1. Identifying Construction Defects and Hidden Faults
- A construction defect is a visible flaw present at delivery (e.g., cracks, leaks, poor finishings).
- A hidden defect is not apparent during the purchase but renders the property unsuitable for its intended use (e.g., structural dampness, unstable foundations).
Owners must act quickly, with the support of a technical expert and a real estate legal advisor, to assert their rights effectively.
2. Mandatory Legal Warranties in Construction
The builder or contractor is legally required to comply with several statutory guarantees:
- Perfect completion guarantee (1 year): Covers all defects reported after the handover.
- Two-year warranty (biennial guarantee): Applies to removable elements like doors, shutters, taps, etc.
- Ten-year structural warranty (decennial guarantee): Covers defects affecting the building’s solidity or making it uninhabitable.
To be enforceable, these warranties must be explicitly included in the contract and, in some cases, backed by a mandatory construction insurance (assurance dommage-ouvrage).
3. What to Do in Case of a Dispute
Upon discovering a defect, it is strongly advised to:
- Gather evidence (photos, bailiff’s report, technical inspection)
- Send a formal notice to the builder or contractor
- Call in an independent expert if needed
- Initiate legal proceedings if no settlement is reached
A real estate legal expert will help you build your case, meet all deadlines, and represent your interests — in court or through amicable resolution.
4. What If the Property Is Not New?
Even when buying older real estate, you’re still protected if hidden defects are discovered. If it can be proven that the seller knew about the issue and concealed it, you may be entitled to:
- Cancel the sale entirely
- Negotiate a price reduction
- Claim financial compensation
⚠️ However, the burden of proof lies with the buyer. This is why legal support is crucial to succeed in such claims.
✅ Conclusion
When faced with a construction defect or hidden flaw, don’t face it alone. Property owners in France enjoy robust protections — but these must be enforced quickly and strategically. With Riviera Signatures, you are supported every step of the way to claim your rights, secure compensation, and protect your real estate investment on the Côte d’Azur.
