CCMI Contracts: Your Legal Recourse for Construction Defects

The CCMI contract (French individual home-build contract) gives homeowners strong protection against construction defects. Here’s how the legal guarantees work and how to enforce them.

What Counts as a Defect

A defect is a construction fault or non-conformity that makes the building unfit for its intended use or reduces its value. It can be:

• Poor workmanship
• Defective materials
• Non-compliance with building standards
• Failure to follow approved plans or specifications

The Three Legal Guarantees Under a CCMI Contract

1. Guarantee of Perfect Completion (12 months)

The builder must repair all defects, even minor ones, reported by the homeowner before the end of the first year following handover. This guarantee covers:

• Visible and hidden defects
• Minor wear-related faults
• Finishing defects

Procedure: Send the builder a written formal notice, preferably by registered letter with acknowledgment of receipt, listing every defect precisely.

2. Guarantee of Proper Functioning (2 years)

This covers fixtures and detachable elements (doors, windows, installed equipment) for 2 years after handover.

• Heating systems
• Electrical and plumbing work
• Kitchen fittings
• Exterior joinery

3. Ten-Year Structural Guarantee

This protects against defects affecting the building’s structural soundness or making it unfit for use:

• Structural defects (foundations, load-bearing walls)
• Serious waterproofing issues
• Defects that make the building dangerous or uninhabitable

How to Report Defects

Step 1: Document the Defects

• Draw up a precise, dated record of the issues
• Take photographs or videos
• Document the impact on the home’s usability
• Bring in an independent expert if the defects are significant

Step 2: Formal Notice

Send the builder a written formal notice including:

• The date and reference of the CCMI contract
• A precise description of each defect
• Supporting photographs
• A response deadline (typically 30 days)
• A request for repair or compensation

Important: Send it by registered letter with acknowledgment of receipt to preserve proof.

Step 3: Negotiation

The builder then has a set period to:

• Acknowledge the defects and commit to repairing them
• Dispute the alleged defects
• Propose a compromise

Amicable Resolution

Direct Negotiation

Seek an amicable resolution with the builder:

• On-site meeting
• Joint assessment of the repairs needed
• Agreement on timeline and repair method

Mediation

If disagreement persists, bring in an impartial third party:

• Contact an approved mediation body
• A non-adversarial, lower-cost process
• An attempt at resolution before going to court

Legal Action

Taking the Builder to Court

If no amicable solution is found, you can bring a claim before the court:

• Competent court: The judicial court where the property is located
• Deadlines: Respect the limitation periods (1 year for perfect completion, 2 years for proper functioning, 10 years for structural defects)
• Possible claims: Repair of the defects, damages, contract termination

Court-Ordered Expert Assessment

The court will generally order a technical expert assessment to:

• Objectively record the defects
• Estimate repair costs
• Establish liability

The Builder’s Obligations

• Repair defects within the agreed timeframe
• Carry out quality work that meets applicable standards
• Guarantee the home’s normal use
• Comply with the French Civil Code and applicable standards

Insurance Protection

Dommages-Ouvrage (Building Damage) Insurance

Generally included in the CCMI contract to:

• Cover defects affecting structural soundness
• Enable prompt repairs without waiting for legal proceedings to conclude
• Protect the homeowner against the builder’s financial difficulties

Public Liability Insurance

Covers damage resulting from the builder’s fault.

Limitation Periods

• Perfect completion: 1 year after handover
• Proper functioning: 2 years after handover
• Structural guarantee: 10 years after handover

Warning: Do not let these deadlines lapse, or you risk losing your right to repair.

Practical Advice

• Attend the handover in person as a competent witness
• Keep all documents: contract, plans, invoices, correspondence
• Take regular photographs as work progresses
• Report defects promptly once discovered
• Document each defect precisely
• Bring in a construction expert if needed
• Respect formal notice deadlines

Conclusion

The CCMI contract gives homeowners solid protection against construction defects, backed by legal guarantees, clear procedures, and the option of legal action in case of dispute. The key is to document defects thoroughly, respect deadlines, and seek an amicable solution before going to court.