As mentioned in the foregoing article, the "way to snag" and the different types of obligatory insurances you might be able to invoke depend on how you bought your property.

This article exclusively considers the house or apartment you want to buy on plan in France, from a real estate developer.

First of all, make sure who’s who: the constructor can be, but is not always, the real estate developer as well. Most often the same activity is directed by different companies belonging to the same people or group of companies.

Their liability can be raised seperately, but their legal obligations towards you are different.

Complex again.

To present things simply, your main intermediary is the real estate promotor, but it remains essential to identify the building company, as this one is the "maître d'oeuvre".

The real estate developer is "maître d'ouvrage".

You're "just" a client as long as he did not formally "deliver" the property to you.

He therefore is the only one  to properly “receive” the property and do the snagging. He then delivers the property to you, with a warranty that there are no disorders left, whatever the importance of the disorders.

You can immediately raise all types of disorders when building is in progress, and I advise you this time to do so as quick as possible, as some delays to raise imperfections, after reception, are very short.

The most frequent disorders are of the “non-conformity” type, in general this concerns the quality of the materials and equipment such as windows, window blinds, kitchen and bathroom equipment, isolation and paintings.  It is recommended to read the “CCTP” (the technical specifications that are to be respected by the builder), and to inspect the building when advancing, for example every time you’re requested to pay the next “layer”.

Do not accept the excuse of the promotor stating that you’re not allowed on the works, ask him to show you around when the days’ work is done (they start and stop early every day) and if he still refuses, sneak in on a Sunday and take pictures, especially of trademarks, names and quality indications when visible. Check the security points on the windows and doors if you paid for “high standard quality” etc.

Irregularities in here are very frequent!

As mentioned above, the developer becomes owner of the house when the work is finished.  That’s why he is doing the snagging and makes the reservations when he notices damages or disorders.

In theory he will do so: but as most developers and constructors and “close friends”, the developer could be less vigilant than you would be, and some -not to say most -  even hope you notice existing disorders or non-conformities when it’s too late!

Always claim proof and details of all different types of insurances both the constructor and the developer are obliged to take.

The most important ones are the “décennale”, the “parfait achèvement” and the “dommages ouvrage”.

Don't forget an essential: take your own legal insurance before you sign!

pcramer@cbh-avocats.com or 065.50.92.92.95 for a direct contact.