19. Advisory Services and Disputes Procedure
- 19.1 Advisory Services
- 19.2 Conciliation Service
19.1. Advisory Services
There are a number of useful sources of free, or cheap, advice and assistance, as follows:
- i. Housing Information Agency (ANIL)
- ii. Bailiff (Huissier)
- iii. County Consumer Protection Dept (DGCCRF)
- iv. Legal Advice Centre (CDAD)
19.1.1. 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.
19.1.2. 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 sort of 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.
19.1.3. 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.
19.1.4. 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.
Most CDAD have created interesting and informative websites, provided, of course, you can understand French!
19.2 Conciliation Service
Disputes concerning the etat de lieux or the depot de garantie, charges and repairs can be dealt with by a conciliation panel called the Commission Départementale de Conciliation (CDC).
The commission is composed of representatives from landlord and tenant organisations, and there is one based in each préfecture.
Where the dispute concerns a complaint by the tenant concerning the condition of the property, then it must be considered by the commission before the courts will intervene.
In all other cases, either tenant and landlord can ask the commission to intervene, but they are not obliged to participate in the process. Where this occurs, either side may proceed direct to a Tribunal d’instance for the matter to be resolved.
The commission seeks to give its opinion within two months of being requested to intervene.
Neither landlord nor tenant are obliged to accept the decision of the commission, but their decision will have a persuasive influence on any subsequent consideration by the Tribunal d’instance.
In order to formally invoke the intervention of the commission, a recorded delivery letter should be sent to them, with the history and details of the dispute. In practice, you would be wise to make an initial visit to them to discuss your case, and how it should be presented.
Once invoked, the commission will arrange a meeting between landlord and tenant and endeavour to bring about agreement.
There are mixed views on the role and efficacy of the conciliation procedure, with many considering that the overiding priority of the commission seems to be a compromise solution, rather than justice. In such circumstances, you may feel it better to commence a more expensive and longer legal process, rather than a cheaper and quicker process of conciliation.
Top Tip!
Neverthless, even if you consider it would be pointless to try and convene the conciliation procedure, it may be worth trying to doing so, as a way of later demonstrating to a court of law your good intent, and the poor intent of the tenant.
The use of the conciliation procedure is also a way of testing the strenght of your case, and the most effective method of later presenting your case in front of a judge.
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