// resources & sources
The toolbox
The statutes and rulings cited in the courses, subject by subject. In the exam, the precision of the reference makes the difference.
1. The codes
Code civil
art. 1792Presumption of ten-year (decennal) liability: structural soundness, unfitness for purpose; exoneration only by an extraneous cause.
art. 1792-1Definition of the builder (contractors for work, vendors after completion, assimilated agents).
art. 1792-2Inseparable items of equipment (removal-without-damage test).
art. 1792-3Two-year proper-functioning warranty (separable items).
art. 1792-4EPERS: joint and several liability of the manufacturer.
art. 1792-4-1Ten-year strict time bar: ten years from acceptance of the works.
art. 1792-4-3Time limit on the other claims against builders: ten years from acceptance.
art. 1792-5Exclusion or limitation clauses deemed unwritten — public policy.
art. 1792-6Acceptance of the works and one-year making-good warranty.
art. 1792-7Exclusion of equipment with an exclusively trade-process function.
art. 1231-1Ordinary contractual liability (intermediate defects, non-conformities).
art. 1240Tort liability — the third parties' ground (and the building owner's against the subcontractor).
art. 1253Abnormal neighbourhood disturbances (Act of 15 April 2024) — codified strict liability.
art. 1831-1Property development contract: the developer, agent with a common interest.
art. 1601-3, 1642-1 et 1648VEFA (off-plan sale): definition and exclusive regime of apparent defects.
art. 2224, 2240, 2241Ordinary limitation (5 years), interruption — including court proceedings.
Code de la construction et de l'habitation
art. L. 231-1 et s.CCMI: protective formalism, delivery guarantee at the agreed price and time.
art. L. 261-1 et s.Sales of buildings to be erected (VEFA): the CCH regime.
2. Statutes and regulations
Founding statute: overhaul of builders' liability (art. 1792 et s.) and compulsory insurance.
Subcontracting: approval, direct payment, subcontractor's direct action for payment.
CCMI: regulated contract, mandatory delivery guarantee.
Scope of the statutory warranties on existing works; art. 1792-7 (trade-process equipment).
Reform of civil limitation (ordinary period: 5 years).
Codification of abnormal neighbourhood disturbances in the new art. 1253 C. civ.
3. The landmark cases
Click a case: summary, official full text and the firm's publications commenting on it (sources in French).
Acceptance of the works6
The scope of decennal liability5
Items of equipment4
Intermediate defects and deliberate breach (faute dolosive)7
Third parties and neighbourhood disturbance6
Special regimes7
4. Going further
- Code civil on Légifrance — consolidated text in force (art. 1792 et s., 1253, 1831-1).
- Code de la construction et de l'habitation on Légifrance — consolidated text in force (CCMI, VEFA).
- Cour de cassation chamber newsletters — the 3rd civil chamber's newsletter flags the landmark construction-law rulings, several times a year (in French).
- Building pathology sheets (AQC / Fondation Excellence SMA) — 75 free sheets on the most frequent real-world defects: findings, diagnosis, good practice. The technical side of the subject (in French).
- karila.fr article base — over 1,400 case commentaries on construction, insurance and property law, kept up to date by the firm (in French).
⚠ reminder
Always check the state of the law in force at the date of your work: statutes and case law evolve (the reversal of 21 mars 2024 is proof enough).