Building Defects & Construction Damage
The Gallery LL
Building defects &
Damage
The appropriate course of action begins with the right technical assessment.
Expertise in new-build properties · THE GALLERY LL
A construction defect is faulty workmanship that departs from accepted building practice or the contractual documents. The difficult part is rarely noticing the problem: it is assessing its nature, cause and seriousness. That assessment helps identify which contractual or statutory framework may apply and the time limits that may need to be considered.
The confusion that can prove costly
Many owners have heard of the French ten-year liability regime and assume that every defect falls within it. In practice, the timing, seriousness, affected element, contract and circumstances all matter. Problems appearing during the first year may also need to be considered under the guarantee of perfect completion.
Common assumption
“Cracked tiles, a door that no longer closes properly or damp appearing eight months after handover: it must be covered by the ten-year regime.”
Technical assessment
Not necessarily. During the year following handover, the guarantee of perfect completion may be relevant to defects reported under the applicable procedure. The ten-year regime concerns damage meeting specific legal tests, including damage affecting structural integrity or making the works unfit for their intended purpose. The final legal characterisation depends on the facts and supporting documents.
A useful image is that the guarantee of perfect completion has a relatively fine mesh during the first year, while the ten-year regime has a much narrower legal threshold. These mechanisms should not be treated as interchangeable. The date when the defect appeared, how it was reported, its cause and its consequences all need to be documented.
Three French statutory frameworks after handover
| Framework | Period | General scope |
|---|---|---|
| Guarantee of perfect completion Article 1792-6, French Civil Code | 1 year | Defects reported at handover or notified during the following year, subject to the applicable legal and contractual conditions. |
| Proper functioning guarantee Two-year guarantee | 2 years | Certain separable items of equipment, depending on their nature and installation. |
| Ten-year liability regime Article 1792, French Civil Code | 10 years | Damage meeting the statutory tests, notably where structural integrity is affected or the works are rendered unfit for their intended purpose. |
The same type of equipment may be assessed differently depending on how it was incorporated into the works and on the consequences of the failure. This is why technical analysis must address the actual installation, the contract documents and the observed damage rather than relying on a generic label.
Assessment means checking the work against the relevant references
The examination may involve the contract documents, manufacturers’ instructions, applicable standards and French Documents Techniques Unifiés (DTU), selected according to the work concerned. These references assist the technical analysis, but their relevance and legal effect must be assessed case by case.
A technical report can record the observed symptoms, explore probable causes, identify risks and limits, and indicate further investigations or remedial scenarios. It can support discussions with the contractor, insurer, lawyer or other relevant professional. It does not replace legal advice and cannot guarantee that a particular insurer, court or contracting party will accept a given characterisation.
The right response begins by documenting the defect, its cause, its consequences and the dates that may affect available remedies.
This page provides general technical orientation only. The final technical and legal characterisation of a defect requires an examination of the property, the contract documents and the specific circumstances. Legal questions should be reviewed with an appropriately qualified lawyer or adviser.
A defect or a concern?
Before notifying a defect or beginning a formal process, a technical assessment can help clarify the existing condition, probable causes, risks and useful next steps. The scope and deliverables are defined according to the property, the documents available and the purpose of the assignment.
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