13. Building & Construction Disputes in France
- 13.1. Different Country Same Problems
- 13.2. Claims Procedure
- 13.3. Sources of Advice
13.1. Different Country, Same Problems
French building companies and artisans have a reputation for quality that is well deserved.
Nevertheless, surveys suggest an increasing number of clients are dissatisfied with the performance of building professionals and contractual disputes are on the increase.
These disputes are often less about the quality of work carried out than the manner or progress of works, poor communication, poor after sales, or poor organisation.
Prevention is, of course, always better than cure and the rules of good practice that apply in your own country about employing building trades is no different in France than it is elsewhere.
You need to have your wits about you and to act with caution.
One of the major sources of problems is a mismatch between the aspirations of the client and the amount they are prepared to pay for the works.
A high estimate does not always guarantee a high level of workmanship, but the risk of poor workmanship is certainly going to be a higher with a low estimate. So, beware of low estimates.
13.2. French Claims Procedure
If a serious dispute arises during the progress of works under a CCMI contract, then you or your architect should send a recorded delivery letter setting out clearly your grievance and seeking a response within a reasonable timescale.
If the contractor is in delay, abandons the project or wrongly terminates the contract then you or your architect should be entitled to invoke the procedure set out in the CCMI delivery guarantee - the garantie de livraison.
In the event of defects arising following handover, then you need to invoke the ten year building guarantee - the assurance décennale.
If your claim is refused by the insurance company you will need to communicate your disagreement with them by a letter sent recorded delivery.
You may well need to engage the services of an independent expert who can submit a report to the insurer.
If the insurer does not accept this evidence then the only recourse is to go to court for judgement under a fast track legal procedure for urgent cases called référé.
Legal costs can also be covered by an insurance contract protection jurdique, which you may have as part of your household insurance policy. Check with your household insurer, but make sure the policy covers construction related disputes.
If the defect caused a water leakage or fire which damaged personal belongings, or damage to neighbouring property, then you should also make a separate claim on your household insurance, called multi-risques d’habitation.
If you do not benefit from a CCMI contract, or seek additional advice, then see below.
13.3. Sources of Advice
Where a professional team and/or insurance policies are not in place all is not lost, for there remain general provisions in law that govern the liability of the contractor and your ability to bring a legal action against them.
There are several useful sources of advice and assistance, as follows:
- i. Housing Information Agency (ANIL)
- ii. 'Huissier'
- iii. County Consumer Protection Dept (DGCCRF)
- iv. Legal Advice Centre (CDAD)
- v. Housing Consumers Group (CDAU)
13.3.1. ANIL
ANIL - L’Agence Nationale pour Information sur Logement - is the government national housing information and advice agency.
There are local offices of ANIL in all départements, staffed by civil servants whose responsibility it is to provide guidance and assistance to those seeking to buy, rent, refurbish or construct a property.
You can find out the location of your nearest ANIL office by visiting ANIL. 
13.3.2. Huissier
You might also want to approach a huissier as they are likely to be in a good position to advise you of your rights and assist you in legal proceedings that may need to be taken.
The huissier is a public official, who can also work on a priviate basis, and whose role may be best described as that of an official bailiff.
They will be able to secure evidence of the fault or problem and/or advise on the desirability or otherwise of contacting an independent architect or engineer to provide a report on the problem.
The introduction of the huissier and an independent expert is the first formal stage in the initiation of legal proceedings.
Their involvement is also likely to remove any doubt that the builder may have that you know what you are doing and that you mean business!
The huissier will want to make a site inspection and see the paperwork, following which they may well send a recorded delivery letter to the builder seeking resolution of the problem within a specified timescale.
If there continues to be no response then they will help and advice you on bringing a legal action in the courts.
The most appropriate remedy will depend on the circumstances, but can include a claim for damages and/or an injunction to complete the works or remedy the defect.
For sums less than €10,000 the action is brought in the Tribunal d’Instance (and through a local juge de proximité if below €4000) and for sums greater than this amount in the Tribunal de Grande Instance.
There is no need to engage an avocat unless you need to go to the Tribunal de Grande Instance.
Where resolution of the problem is a matter of urgency then it is possible to get a provisional early judgement called a référé about which your huissier will be able to give you further advice.
13.3.3. County Council Consumer Protection Department
This department goes by the name of Direction Générale de la Concurrence, de la Consommation et de la Répression des Fraudes (DGCCRF).
It is based in your county Préfecture.
They will be able to advise you on your rights and provide you with information on how you can bring a legal action.
13.3.4 Legal Advice Centre (CDAD)
Before you think about engaging an avocat to defend you, or bring a legal action, you may want to consider making use of the FREE legal advice service available in legal advise centres that have been created in most of the départements of France.
The service is called Conseil Départemental de l'Accès au Droit (CDAD).
Most of the CDAD offer times and days in the weeks when a either an avocat, huissier or notaire is present to offer advice.
In addition, they have other staff who may be able to assist or provide you with the contact details of an organization who can provide you with further advice.
You can find details of your local CDAD by visiting Legal Advice Centre
Most CDAD have created interesting and informative websites provided, of course, you can understand French!
13.3.5. Housing Consumers Group
Others who might also be able to assist are the Centre de Conseil et d’Assistance aux Usager de l’habitat (CDAU).
The CDAU is a consumers group capable of intervention in building related matters and able to act as an expert or mediator.
It is mainly base in the Paris region but they have offices in some other areas of France.
You can find their web site by visiting CDAU
Next: Local French Property Tax
Building and Renovation in France