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Guarantees after receipt of work

Verified 20 May 2022 - Directorate for Legal and Administrative Information (Prime Minister)

You had some work done on your house. Do you see any flaws? Be aware that even after the work has been received, you can issue warranties against the builder of the work. There are 3 such guarantees: perfect completion guarantee (PGA), guarantee of proper operation and ten-year guarantee.

You must fulfill conditions to implement these guarantees (date of discovery of the damage, nature of the defects,...). The common starting point for these 3 guarantees is the date of receipt of the works.

The manufacturer may be:

  • Architect
  • Entrepreneur
  • Technician
  • Provider linked to the developer by a contract of leasing of works
  • A person or agent who sells, after completion, a work that he has built or has built
  • Manufacturer of a work, part of a work or piece of equipment

Any builder entrusted with the construction of a new or existing building (various buildings, housing, civil engineering works...) assumes his responsibility. It shall apply unless the manufacturer proves that the damage was caused by a foreign cause.

The manufacturer is responsible depending on the warranty implemented.

Please note

subcontractors are excluded from the scope of the ten-year guarantee because they have no direct link with the contracting authority. However, they shall be responsible for the obligations they have undertaken towards the manufacturer.

During the year following receipt of the works, you are guaranteed perfect completion (GPA). It requires the contractor to repair during this period all the disorders reported in the report of receipt of the works.

You must write to the contractor by letterRAR: titleContent to ask them to make the repairs within a time frame you set.

If the company does not intervene, you can attempt to mediation.

If the reparations do not take place within the set deadline, you can bring the matter before the court within the year covered by the perfect completion guarantee.

Who shall I contact

Warning  

normal wear and tear does not allow the guarantee of perfect completion to be used.

The duration of the guarantee of good operation is 2 years following the acceptance of works. It may be extended if the contract so provides.

This warranty requires the manufacturer to repair or replace the defective equipment.

It's all the equipment items separable (which can be removed without degrading the frame, for example, the hot water tank).

To have this guarantee applied, you must immediately send a letter RAR: titleContentto the manufacturer concerned. You tell him the faults. You're asking them to intervene at their own expense within a time frame that you set for them.

If the company does not intervene, you can attempt to mediation.

If the reparations do not take place within the set deadline, you can bring the matter before the court.

Who shall I contact

During 10 years after receipt of works, you benefit from the ten-year guarantee. It requires the manufacturer to repair damage which was not detectable at the time of the approval of the works. This guarantee ensures the damage that affects the strength of the inseparable equipment one from the other. This is damage that compromises the strength of the frame or makes it uninhabitable or unsuitable for its intended use.

Manufacturers' ten-year insurance covers damage to:

  • Foundation and framework works
  • Sustainability works (networks, sanitation)
  • Road (path)
  • Work with foundations (veranda, terrace, buried swimming pool...)
  • Inseparable equipment elements of the building (piping, ceiling, floor, central heating, door frames, built-in electrical installation...

In order to use the ten-year guarantee, you must send a letter of formal notice with notice of type-approval to the manufacturer concerned, describing the problems.

He is obliged to repair them at his own expense for the 10 years covered by the warranty.

You must also report any problems to your insurer under your structural damage insurance. You will need to send him a letter of formal notice with notice of receipt to obtain a repair of your damage.

Who can help me?

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