The French appreciate their independence and comfort. According to a study by the specialized site MeillAgents.com published in early 2019, 56% of main residences are individual dwellings. The hexagonal type house covers approximately 112 m2, has just under five rooms and has a garden and private parking.
Have you decided to hire a builder to offer you this idyllic setting? Vigilance is essential ...
The benchmark for your “home sweet home”
Real estate sites are governed by various legal conventions which obey specific regulations. In this case, it is the individual house construction contract (CCMI) that interests us. It is essential, as soon as the owner - in other words you - intends to build his home or a building with no more than two dwellings on land belonging to him.
Additional condition: the CCMI is obligatory when you call on a single professional who is responsible for the entire site or at least for the execution of structural work and out of water (cover and waterproofing ) and out of air (doors and windows). The contract can be concluded with or without provision of a plan by the manufacturer.
A protective framework
This contract has several advantages. At the top of the list, it saves the future owner from signing agreements with each of the craftsmen. It is the company in charge of building that will manage the site or entrust this task to an architect, for example, by signing a project management contract with him. As a logical consequence, it is also the builder who will have to accept the work of all the trades that have contributed to getting your home out of the ground. It is therefore his responsibility to manage any problems and faults.
Additional guarantee: you have a right of withdrawal of ten days to change your mind. The period runs from the day after receipt by registered letter of the signed construction contract, accompanied by the construction plan, the descriptive notice and the essential information notice. Please note: if you have concluded a CCMI before obtaining your building permit or your loan, it is imperative to stipulate that the contract will be canceled if these conditions are not met before the scheduled date or, at the latest, at the opening of the site.
Beware of unfair terms
In order to protect the consumer, the legislator has imposed an extremely precise formalism on this type of agreement. Unfortunately, the Fraud Prevention Services (DGCCRF) recently alerted the public to the risks of misleading advertising and methods contrary to the interests of the purchaser.
Through their investigations, the agents have indeed found unfair clauses “requiring the client to carry out the soil study, others providing for termination terms more favorable to the professional or additional delivery times due late payment by the contracting authority. " Similarly, some manufacturers provide for "the interruption of the site or the termination of the contract for late payment within a week when it can only occur within one month". In addition, some professionals collect the security deposit (3% of the construction price) while the law provides that this money is blocked in a special account opened in the name of the client.
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The pro's choice
Is it necessary to remember that it is imperative to always choose a professional who is well established? Given the importance of the investment, it is recommended that you inquire at the Commercial Court to find out if the company is not the subject of any recovery procedure. In addition, check that the manufacturer has a "delivery guarantee" (necessary to complete the site in the event of company default) and professional and ten-year liability insurance.
Once the professionals have been selected, show them around your property and compare the services they offer. It is also a good idea to ask them for a model contract and their description so that they can be reviewed.
Before signing, check free with ADIL, the departmental housing information agency, to verify that the contract complies with the law.
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