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pointerBuilding 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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12. Handover of Your New Home in France

  1. 12. Handover Process
    12.1. Unconditional Handover
    12.2. Conditional Handover
    12.3. Refusal of Handover


12.3. Refusal of Handover - Le Refus de Réception

If you and your advisor are completely dissatisfied with the works then handover can be refused, called le refus de réception.

But you need to be able to justify refusal of handover.

You should be able to do so where the property does not conform, in a substantive manner, with the terms of the contract, or there exists one or more defects that render the property incapable of normal occupation.

It is may well be that there are defects or non-conformities of both a substantive and minor nature. In these circumstances, you would be justified in refusing the handover on the substantive issues, and accepting conditional handover on the minor defects.

It can all get very 'bitty', but that is often the way the law works in France.

You are not obliged to handover the retention to the Notaire, which you can retain yourself.

Where agreement cannot be reached about the works to be carried out then, ultimately, you have the right to invoke the procedure under the delivery guarantee for a third party to complete the works.

Alternatively, as with a conditional handover, either party would need apply to the court for a decision.




Next: Disputes

Back: Conditional Handover




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