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What contract should I have with a professional to build my house?

Verified 26 February 2021 - Directorate for Legal and Administrative Information (Prime Minister)

To build your home, you have the choice between several types of contracts. They are more or less regulated according to the missions you wish to entrust to the manufacturer, the prime contractor or the contractor.

The CCMI provides a protective legal framework.

It applies to the construction of a residential complex or a mixed commercial and residential complex comprising no more than 2 dwellings intended for the developer (you).

Its signature is required for any manufacturer who takes care of the work of putting out of water (covering and sealing) and out of air (doors and windows).

If the construction plans are offered to you by the builder or through him, you sign a contract for the construction of a detached house with the provision of a plan. If the plans are not provided to you, the mandatory details of the contract differ slightly.

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CCMI with plan delivery

The contract shall lay down the commitments of each of the parties and shall include in particular the address, the area and the cadastral references of the land to be built. It shall specify the nature of the title or of the rights in rem that allow you to build. If you are at the stage of the promise of sale, the contract may be conditional on the acquisition of the land or the rights in rem to build.

The CCMI specifies the cost of the building to be built, distinguishing between the fixed and final (possibly revisable) agreed price and the cost of the work you wish to do yourself. To do this, you must write and sign a handwritten clause by which you accept the cost and burden. You can change your mind within 4 months of signing the contract. In this case, following your request, the builder must carry out or cause to be carried out the work that you wished to carry out yourself, at the price provided for in the construction contract.

The contract shall specify the financing and the payments as work progresses.

It fixes the date of the opening of the construction site, the time limit for carrying out the work and the penalties provided for in the event of late delivery or in the event of late payment. It provides for the possibility for the contracting authority to be assisted by a professional when receiving works.

The following documents shall be attached to the contract:

  • Copy of the building permit, if you have obtained it
  • Construction Plan
  • Information notice setting out your rights and obligations
  • Descriptive note indicating the consistency, technical characteristics of the construction, the works of equipment and the connections necessary for its installation and use
  • Certification of the manufacturer's financial guarantees, reimbursement (mandatory if you pay a security deposit) and delivery
  • Certificate of the damage insurance you have taken out and of the manufacturer's professional liability insurance

CCMI without providing a plan

The contract shall lay down the commitments of each of the parties and shall include in particular the address, the area and the cadastral references of the land to be built.

The CCMI shall specify the fixed and final agreed price and the conditions for any revision thereof. It provides for the staggering of payments as work is carried out. A balance of 5% of the price is payable on expiry of the delivery guarantee. In case of late delivery, the penalties must be an amount equal to or greater than 1/3,000 of the agreed price per day of delay. The contract may also provide for a penalty for late payment. The contractor must subscribe to a delivery guarantee with an authorized organization to ensure the delivery of the completed house. He must undertake in writing to provide you, no later than the date of the opening of the site, the justification of this guarantee.

It fixes the date of the opening of the construction site which must be notified by the manufacturer to the guaranteeing establishment. The contract provides for the possibility of having you assisted by a professional when receiving work.

The following documents shall be attached to the contract:

  • Copy of the building permit, if you have obtained it
  • Construction plan (if a plan has been drawn up) with the name or business name and address of the author of this plan
  • Information notice setting out your rights and obligations
  • Descriptive note indicating the consistency, technical characteristics of the construction, the works of equipment and the connections necessary for its installation and use
  • Certification of the manufacturer's financial guarantees, reimbursement (mandatory if you pay a security deposit) and delivery
  • Certificate of the damage insurance you have taken out and of the manufacturer's professional liability insurance

Suspensive conditions

The contract may provide for suspensive conditions. For example, implementation of the contract is on hold pending the granting of a building permit. It may also involve the acquisition of the land, the loan agreement, the conclusion of a contract of damage insurance or the provision of a certificate of guarantee of delivery.

If these conditions are not fulfilled within the time limit set, the contract shall be deemed never to have existed. You can then recover the funds paid without deductions or penalties.

Withdrawal

Before the start of the work, the manufacturer must send you a copy of the contract and its annexes, by registered letter with acknowledgement of receipt. The information notice attached to the contract is intended to inform you of your rights and obligations.

You have ten calendar days to waive the construction contract. If you wish to retract, you must notify your withdrawal to the manufacturer by registered letter with notice of type-approval before the expiry of this period.

This period shall begin on the day following the firstre presentation of the registered letter notifying the promise to sell or of its delivery. If the last day of the reflection period is a Saturday, Sunday, holiday or non-working day, the period is extended to 1erworking day next.

This contract with a prime contractor (an architect, for example) must be written even if its content is not regulated.

It shall contain a description of the operation, the budget and the estimated timetable for implementation.

In addition, it specifies the various stages of the task of the supervisor, sets his remuneration and indicates the references of his professional insurance and your damage insurance.

The architect can make plans, prepare technical documents, coordinate work and assist you in your relations with companies. However, the contract does not provide for the physical construction of the building. This is ensured by companies chosen and approved by you with whom you sign works contracts.

The company contract is not specifically regulated. It can be concluded if none of the contractors provides the plans or does all the work to remove the water and air. It is recommended to sign a written contract providing certain information, in particular:

  • Nature and scope of the mission entrusted
  • Descriptive quotes and detailed execution plans by profession
  • Professional guarantee insurance of each company
  • Cost of the work, possible revision of the price and schedule of payments (expect a balance of 5% minimum to exercise, if necessary, a retention money guarantee upon receipt of work)
  • Suspension clause for obtaining your loans
  • Schedule of completion of the work with scheduled start date of the work and completion deadline
  • Automatic penalties for delay

By this contract, the seller undertakes to build a house within a specified period. It provides the land directly or indirectly.

It can be a term sale. In the contract, the seller agrees to deliver the house to you when it is completed. You agree to take delivery and pay the price on the delivery date.

The sale may also be made in the future state of completion (Vefa). In the contract, the seller immediately transfers his rights to the land. You become the owner of the works as they are executed, you pay the price as the work progresses.