Building and Renovation in France

Building a new home in France
- 1. Introduction
- 2. Site Selection
- 3. Getting Free Advice
- 4. Architects in France
- 5. Selection of Builder
- 6. Building Estimate
- 7. Building Contract
- 8. Terms of House Building Contracts
- 9. Planning Notices
- 10. Financial Guarantees
- 11. Building Guarantee
- 12. Handover
- 13. Disputes
- 14. Local Property Tax
- 15. Household Insurance

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7. Types of Building Contract in France

Once you have agreed the builders estimate then you will need to enter into a formal written contract.

There are two main types of building contract:

7.1. Contrat de construction de maison individuelle (CCMI)

This is the main standard form of building contract for a new house, which can have one of two forms.

i. Where you ask the builder to undertake both the preparation of the plans and the construction work then the CCMI is called a contrat de construction avec fourniture de plan.
ii. Where you engage an architect to prepare the plans and then engage a builder to construct the dwelling the contract is called a contrat de construction sans fourniture de plan.

The level of protection offered to you is greater with those contracts offered with a plan, but you will have less choice in the design of the property, as you are likely to be offered a standard design.

These focus of these pages is primarily on the second of these contracts - where you engage your own architect and then ask a builder to construct the dwelling.

Top Tip!

The CCMI contract comes in various standard or non-standard forms, which may be more or less to the advantage of one of the parties.

The more common ones are from building industry organsiations, such as CAPEB and UNCMI, and one from the consumers organisaton, Que Choisir.

Do not accept without question a contract that may be proposed to you by the builder.

Ask your own professional team to select a suitable contract and use that contract as the basis of negotiation with the builder.

7.2. Contrat d'entreprise/Contrat louage-ouvrage

Where you not only engage an architect to prepare the plans but then organise the construction work through several building professionals you will need to enter into separate contracts with each company or artisan.

These contracts are known as contrats d'entreprises or contrats louage-ouvrage.

This type of contract is not regulated or specified in the same manner as the CCMI and offers less consumer protection. Whilst the contracts may be suitable for repair and maintenance work, they are not designed for the construction of a new home.

Nevertheless, many smaller builders do not simply carry sufficient professional insurance cover that would enable them to take overall responsibility for a large CCMI project, so you may well find that you have little choice in the matter.

However, it is possible to use both contracts for the same project.

Thus, if you do not want to use a single contractor for the whole of the works, one solution is to engage the main builder to undertake the superstructure works using a CCMI contract, and then arrange for plumbing, electrical and other works to be carried out by other contractors using a contrat d’entreprise for each trade.

Clearly, the major problem with individual contracts is that in the event of problems on site, or later defects in the property, there may well be no clear single contractor willing to accept responsibility. Accordingly, you would be well advised to appoint a Project Manager who would be given responsibility for ensuring that the project came in on time, to budget and to the required standards.

As these contracts have no specific model form, you will need to determine the precise terms with the builder, with the assistance of your architect. Nevertheless, the law specificially prohibits any clause which seeks to remove or reduce the liability of the builder from their ten year building guarantee.

The main terms of the CCMI contract are considered in the next section.

Next: Terms of Building Contract

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