Council of State Clarifies the Starting Point for the Ten-Year Limitation Period
Introduction:
The Council of State, France’s highest administrative court, has recently issued a ruling that clarifies the starting point for the ten-year limitation period (known as “prescription décennale” in French law) applicable to construction defects.
Background:
The ten-year limitation period is a legal deadline within which a property owner must file a claim against a builder or contractor for defects discovered after the completion of construction. Beyond this period, the claim becomes time-barred.
Previously, there was some uncertainty regarding the precise starting point of the limitation period. Some courts held that it began from the date of completion of the works, while others argued that it should start from the date the defects were discovered.
Council of State Ruling:
In its ruling, the Council of State has established that the ten-year limitation period for construction defects starts from the date of completion of the works. This means that property owners have ten years from the date the construction is finished to file a claim for any defects that may arise.
Implications:
This clarification by the Council of State provides greater certainty to both property owners and construction professionals. Property owners now have a clear understanding of when the limitation period begins, allowing them to take prompt action if any defects are identified.
For construction professionals, the ruling provides assurance that their liability for defects is limited to a ten-year period from the completion of the works. This clarity helps them better manage their risk and liability exposure.
Exceptions:
The ten-year limitation period does not apply in all cases. There are certain exceptions, such as:
- Defects that make the property uninhabitable or pose a serious safety hazard.
- Defects caused intentionally or through gross negligence.
- Defects that lead to the collapse or major damage to the property.
In these cases, the limitation period may be extended or may not apply at all.
Conclusion:
The Council of State’s ruling on the starting point of the ten-year limitation period for construction defects provides much-needed clarity to property owners and construction professionals alike. By establishing the end of the construction works as the starting point, the ruling ensures that property owners have a sufficient timeframe to discover and pursue claims for any defects that may arise.
Lettre de la DAJ – Le Conseil d’État précise le point de départ à compter duquel court le délai de prescription décennale
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