In France, getting building or renovation work done can be more time-consuming than expected, especially if planning permission or other permits are required.
The entire process is difficult to navigate for foreigners, particularly those struggling with the French language, and it can be especially complicated if disputes with contractors or tradespeople (known in French as artisans) arise along the way.
Whether the disagreement involves shoddy work, extreme delays or simply that the project was never completed, there are a few steps you can take to reach an agreement.
Try to resolve things amicably
Before taking any drastic measures, you should try to work with the tradesperson. While the work is going on, you can point out defects or issues to the tradesperson and ask that he/she fix them before the project is finished.
Send emails, take photos, and report issues as much as you can as problems arise.
At the end of a project, you can also request a réception de travaux (or réception de chantier), which is a moment where the client formally accepts the work that has been done.
Oftentimes, there is a ‘tacit’ acceptance, meaning the customer has paid the contractor in full and they have moved into the property or begun using it. However, you can do a réception expresse, which involves both parties examining the site together and signing a statement of acceptance, which notes any reservations.
Send a registered letter
If it has proved impossible to reach an agreement, then the first step is to send a registered letter. This serves as proof that you have made an attempt at an amicable solution, and starts to give you documentation of the other party’s willingness (or unwillingness) to fulfil their obligations.
Be sure to send a letter that requires acknowledgement of receipt (avec accusé de réception) – this forces the recipient to sign for it, so they cannot later claim that they did not receive it.
You can find a sample letter HERE.
READ MORE: Lettre recommandée: Why you need them and how to send them in France
In the letter, you should list the problems and your expectations (with dates) for how the tradesperson can solve them, as well as references to the initial quote (devis) you were given.
The dévis is a binding contract for the tradesperson involved, and it should outline the nature of the work, its cost as well as expected completion time.
This document will also be very important in determining whether French law sees the tradesperson at fault or not.
Can I break the contract or stop paying?
Technically, both of these are possible, but you should proceed with caution. If you eventually want to terminate the contract, then sending a registered letter can protect you from the tradesperson going after you for unfair termination.
Be careful about refusing to pay. If you do so, be sure to outline your evidence in the letter.
The safest option would be to either put the funds into a blocked account, with a notary, or the Caisse des Dépôts et Consignations, with the stipulation that they would be released once the issues have been resolved, according to the advice page of the French government
Know your rights
Do a little research before you send the letter. For example, it’s handy to know that when it comes to delays, tradespeople should follow the procedure of writing up an amendment to the original dévis and asking you to sign it. If they skip this step, then they cannot ask you for additional payment outside of what is outlined in the original dévis.
READ MORE: Living in France: How to avoid being conned by rogue tradesmen
Once work has ended, you may also be covered by one of three building guaranties (garantie), as outlined on the Service-Public website.
They include; the guaranty of perfect completion (garantie de parfait achèvement, GPA), the guaranty of good-working order (garantie de bon fonctionnement) and the 10-year guaranty (garantie décennale).
The first – the guarantee of perfect completion – is related to defects or work that does not conform to what was expected (via the dévis). This can be invoked within one year of completion, and it does not concern normal wear and tear. Based on this standard, the builder should carry out repairs to the problems within one year.
The second – the good-working order guaranty – covers you against damage to equipment affected by the work. For example, if the hot water tank needed to be removed before the work could begin. If any items are damaged in the process, then you have up to two years following the end of the work to ask for those items to be repaired.
In your letter, you should pinpoint the damage done, and request that the builder carry out repairs or replacements at his/her own expense and within your specified time limit.
Finally, the 10-year guaranty exists to protect you from significant damage and it lasts, as you would expect, 10 years after work was completed.
This is meant to focus on profound defects – for example anything that harmed the foundation of the building, or mistakes that made the property uninhabitable.
You should keep in mind that these ‘guaranties’ are also in place to protect tradespeople. For instance, the artisan is not liable for certain defects and delays that are out of their control. This might be a natural disaster or weather conditions that force them to stop work. In this case, you should still be informed about any additional delay to the project.
You should also keep in mind that if the work was ‘major’ (ie, it involved getting planning permission), then at the end of the project there should be a DAACT (Déclaration attestant l’achèvement et la conformité des travaux).
READ MORE: How to get planning permission for your French property
This is a certificate that attests that the work conforms to the contract and the law. In reality, it is more for the local town hall than for you, and it should be filled out within 90 days after the end of the work. Still, it helps add a layer of regulation to ensure that the work fulfilled legal standards.
Attempt mediation
If your letter did not work, then the next step would be to attempt mediation with a third party. In fact, attempting an amicable solution before taking the matter to the courts is now a legal requirement (as of October 2023), for any disputes about sums below €5,000.
You have a few third parties you could reach out to – including consumer associations (ex. UFC Que Choisir), trade unions or professional federations that may represent the tradesperson you are working with.
These groups may be able to put pressure on the artisan, or organise an inspection.
It can also be a ‘conciliator’ or a member of the Maison de Justice et du Droit, whose job is to help resolve disputes amicably.
You can find one near you by entering your postal code in this French government website or by searching with this interactive map.
Consider also reporting the tradesperson on the SignalConso online platform, this may encourage them to respond, though it could trigger a fraud investigation into them as well.
Taking it to court
If all else fails, then you can take the matter to court. At this point, it would be advised to get professional legal assistance.
If the dispute is over a sum less than €10,000, then it would go to the Tribunal de proximité. You send the request by filling out this form (CERFA 16042*02).
You may need to include the initial quote, invoices already paid, copies of registered letters already sent, proof of an amicable resolution, as well as any photographs or other proof of damages.
If it is above €10,000, then your case will go to the Tribunal judiciaire. In this case, you would need a lawyer, and it would be up to them to draw up the summons.
READ MORE: EXPLAINED: How to find a lawyer in France
You can find the directory for both types of courts HERE.
What happens afterwards?
Depending on the situation, you may be awarded damages. The judge can also require the contractor to finish the work – or destroy previous work, in the case where they disappeared and stopped all work.
They can also require that the rest of the work be carried out via another company, paid by the previous tradesperson.
If you are not satisfied with the decision, you can always challenge it with the Court of Appeal (as long as the dispute is worth more than €4,000).
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