Council of State Clarifies Starting Point for Perfect Completion Warranty
Source: economie.gouv.fr, January 30, 2025
Introduction
The perfect completion warranty is a legal guarantee required under French construction law to protect owners against construction defects. The Council of State, France’s highest administrative court, has recently issued a clarification on the starting point of this warranty.
Applicable Law
The perfect completion warranty is defined in Article 1792 of the French Civil Code. It applies to all construction contracts, including those for new buildings, renovations, and extensions. The warranty is valid for one year from the date of acceptance of the work.
Previous Interpretation
Prior to this clarification, there was some ambiguity about the starting point of the warranty period. Some courts held that the warranty started from the date the work was completed, while others held that it started from the date the owner took possession of the property.
Council of State Clarification
In its decision, the Council of State ruled that the perfect completion warranty starts from the date the owner takes possession of the property. This interpretation is based on the fact that the warranty is intended to protect the owner from defects that may appear after the work is completed.
Implications
The Council of State’s clarification has important implications for both owners and contractors.
For owners:
- Gives them a clear starting point for the warranty period
- Ensures they have sufficient time to identify and report any defects
For contractors:
- Provides them with certainty about the duration of their liability
- Allows them to better estimate their potential risks
Practical Considerations
To avoid disputes, it is recommended that owners and contractors clearly document the date of possession. This can be done through a formal handover certificate or a written acknowledgment from the owner.
Conclusion
The Council of State’s clarification of the starting point for the perfect completion warranty provides much-needed guidance to both owners and contractors. It helps to ensure that the warranty period commences at the appropriate time and that both parties are protected from defects in the construction work.
Lettre de la DAJ – Le Conseil d’État précise le point de départ de la garantie de parfait achèvement
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