No Completion Acceptance, No Warranty: The General Principle in French Construction Law

The principle: without acceptance of the works, no legal warranty

In French construction law, one general principle governs all remedies available to a purchaser or project owner: the legal warranties — decennial, biennial and completion (« parfait achèvement ») — only start running from the date the works are formally accepted (« réception »). Until the works have been accepted, none of these warranties has begun to run.

This principle, which applies to all works contracts (building contracts, individual home construction contracts, off-plan sales/VEFA), carries considerable practical consequences: the absence of acceptance freezes the starting point of the warranties and forces anyone facing a defect to rely on a different legal basis.

1. Acceptance, the founding act (Article 1792-6 of the French Civil Code)

Article 1792-6 of the French Civil Code defines acceptance (« réception ») as « the act by which the project owner declares that they accept the works, with or without reservations. » It takes place at the request of the most diligent party, either amicably or, failing that, through the courts, and it is carried out on an adversarial basis.

Acceptance is not a mere formality: it is what ends the works contract, transfers custody of the building — and, crucially, triggers all of the warranty periods.

2. The three legal warranties, all tied to acceptance

• the completion warranty (« garantie de parfait achèvement », Article 1792-6, paragraph 2): 1 year from acceptance;
• the two-year warranty of proper functioning (« garantie biennale », Article 1792-3): 2 years from acceptance;
• the ten-year structural warranty (« garantie décennale », Articles 1792, 1792-2, 1792-4-1): 10 years from acceptance.
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Articles 1792-4-1 and 1792-4-3 confirm this single starting point: both the warranty periods and the limitation periods run from the date of acceptance.

3. « No acceptance, no warranty »: the consequences

As long as the works have not been accepted, the project owner cannot invoke the ten-year structural warranty, the two-year warranty, or the completion warranty: the starting point of the periods is suspended, because the warranties do not yet exist.

This rule applies in every case:

• unfinished works or a site abandoned by the contractor: no acceptance, therefore no legal warranty;
• defects identified while work is still ongoing: the contractor remains bound by their contractual obligation of conformity, not by the legal warranties;
• refusal to accept the works: the project owner may refuse to accept works that do not conform, which prevents the warranties from starting to run.
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4. Before acceptance: ordinary contractual liability

Before acceptance, the relationship between the project owner and the contractor is governed by ordinary contract law. The contractor is bound by an obligation of result to deliver works that conform to the contract; their liability can therefore only be engaged on a contractual basis (Articles 1217 et seq. of the Civil Code), not under the legal warranties. This is the case for defects discovered while work is still in progress.

5. Tacit acceptance and court-ordered acceptance

In the absence of formal acceptance, case law recognises two substitutes that produce the same effects:

• tacit acceptance: taking possession of the works, paying the balance of the price, and raising no reservations — established through a body of consistent evidence;
• court-ordered acceptance: pronounced by a judge at the request of the most diligent party (Article 1792-6).
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In both cases, acceptance triggers the warranty periods. Reservations raised at acceptance do not suspend their running.

6. Variations: off-plan sales (VEFA) and individual home construction contracts (CCMI)

This general principle has specific applications. In an off-plan sale (VEFA), acceptance of the works corresponds to delivery of the property to the buyer. Under an individual home construction contract (CCMI), acceptance is likewise the starting point for the warranties. But in every case, the logic remains the same: no acceptance, no warranty.

7. Case law

The French Supreme Court (Cour de cassation) consistently confirms that the legal warranties only run from the date of acceptance, and that acceptance can be tacit where it results from unequivocal taking of possession combined with payment of the balance of the price. It has also confirmed court-ordered acceptance as a substitute where the process is otherwise deadlocked.

Conclusion

In construction law, acceptance is the pivotal act: it ends the contract, transfers custody of the building, and triggers the ten-year, two-year and completion warranties. As long as the works have not been accepted, no legal warranty runs — « no acceptance, no warranty. » Understanding this starting point is essential to protecting your rights and acting within the correct time limits.

📅 Updated 25/08/2026 — By Cassini Expertise, independent building expert covering the Alpes-Maritimes (06) & Var (83). Free quote: 04 22 46 06 04.

Frequently asked questions

What happens if I never signed off on acceptance of the works?

Without express or tacit acceptance, the legal warranties (completion, two-year, ten-year) are never triggered. You cannot invoke them for defects that appear after work is finished. Formalising acceptance — even with reservations — is therefore essential.

How do I prove tacit acceptance of works?

Tacit acceptance is proven through acts showing the project owner’s intent to accept the works, such as paying the full balance without protest, or taking possession of the property. A signed acceptance report remains the safest way to avoid any dispute.

Which warranties can I invoke if acceptance was granted with reservations?

If acceptance is granted with reservations, the warranties apply to all defects, including those noted as reservations, but the warranty period still runs from the date of acceptance. Reservations must be cleared through remedial works, otherwise you lose the benefit of the warranty for those specific items.

📅 Mis à jour le 25/09/2026 — Cassini Expertise, expert bâtiment indépendant (06·83·13·40).