Defects After Snagging List Closure in Nice: What Are Your Rights? Art. 1792 Guarantees

EXPERT ASSESSMENT — SNAGGING

You’ve just received the developer’s letter. It confirms that the snagging list on your new-build apartment in Nice has been officially closed. Yet, running your hand along the living room wall, you can still feel that thin crack winding its way across. Or perhaps it’s that water leak under the kitchen sink, back again a week after the « repair ». You’re not alone: on the Côte d’Azur, a significant share of off-plan (VEFA) disputes involve defects declared as fixed… that persist after the formal closure. This letter, meant to close the snagging period, becomes the starting point of a new dispute.

What you’re seeing — and what it’s really hiding

You see a crack reappearing. A damp patch that won’t dry. A door that still catches. The developer, meanwhile, sent a technician round, maybe even applied a coat of render to cover it up. The closure notice is an administrative step. It is not technical proof that the defect has been permanently fixed. Frankly, that’s where the problem lies.

What I often see across Nice and the surrounding area is confusion between these two stages. Last year, for a client in the Ariane district, a 2mm crack on a load-bearing partition had simply been patched over in a hurry. Without any investigation into its cause – differential settlement of the ground – it came back within three months, wider than before. What you’re observing is often only the symptom. The real question is: was the defect treated at its root, in line with proper building practice in Nice, or simply hidden to get the file signed off? Only a joint, contradictory inspection, with proper measurements, can tell you that.

The calculation that reveals the true scale of the defect

Take the concrete example of a crack in a floor slab in Nice. You measure an apparent crack width of w = 0.5 mm. But is that significant? Standard NF P 11-212 covers ground-related defects. For a floor, differential deflection is assessed. Imagine a reinforced concrete beam (E = 30 GPa, I = 8.33e-5 m⁴ for a 0.20 x 0.25 m section) spanning L = 4.00 m, under a factored permanent load q = 8 kN/m.

The theoretical maximum deflection is f = (5 * q * L⁴) / (384 * E * I). That gives f = (5 * 8000 * 4⁴) / (384 * 30e9 * 8.33e-5) = 0.0107 m, or 10.7 mm. The commonly accepted tolerance for such elements is L/500 = 8 mm. Here, 10.7 mm > 8 mm. The calculation points to a potential non-conformity. If this excessive deflection is the cause of your crack, and it was not corrected upstream (through underpinning, resin injection, etc.), simple patching is ineffective. What this means in practice: the guarantee of proper functioning of fittings and equipment (Art. 1792-3 of the French Civil Code, paragraph 1) may apply to this persistent defect, since it affects the structural soundness or watertightness. The calculation proves that the symptom (the crack) has a quantifiable structural cause that remains unresolved.

What happens if you let it go

Within 6 months, that 0.5mm crack can widen to 2mm. Water infiltration, if left untreated at its source behind the wall tiles, will generate mould within the wall lining. In Nice, with its Mediterranean climate and intense rainfall episodes, a poorly corrected waterproofing defect on a terrace can lead to water damage in the flat below within two rainy seasons.

Secondary defects follow: timber rot, reinforcement corrosion, insulation degradation. The cost? A superficial repair today: €200 to €500. That same repair, but done properly and curatively in 2 years’ time after the defect has worsened: €2,000 to €8,000 depending on the extent. Not to mention the loss in property value. It’s not uncommon in Nice to see a case where an untreated hairline crack at an expansion joint led, after 5 years, to water infiltration requiring the complete removal of a curtain wall façade, billed at over €15,000 to a leaseholder whose ten-year guarantee claim was contested.

Remedies and guarantees: what you can demand

The applicable guarantee is the one-year defects liability guarantee (‘garantie de parfait achèvement’) if you’re still within that period, otherwise the two-year guarantee of proper functioning for fittings and equipment (Art. 1792-3 of the French Civil Code), or the ten-year structural guarantee (‘garantie décennale’, Art. 1792 of the French Civil Code) for defects affecting structural soundness. Your first step is a registered letter with acknowledgment of receipt to the developer, stating that the defect persists despite the closure of the snagging list and demanding genuine action within 15 days. Attach photos and videos. If they don’t respond, have the defect recorded by an independent expert (bailiff or court-appointed surveyor). Next, refer the matter to the Nice judicial court. This isn’t a threat — it’s the strict application of the Civil Code. Don’t let an administrative letter strip you of your rights on a property in Nice, where real estate represents a substantial investment.

Frequently Asked Questions

A crack has reappeared after the snagging list was closed in Nice — what should I do?

If a crack reappears after the snagging list has been closed, act quickly. Administrative closure doesn’t mean the defect has been permanently fixed. Have an independent building surveyor in Nice confirm the defect’s persistence — they can determine whether the cause (settlement, structural fault) was actually treated or simply hidden.

Which guarantee covers defects that persist after snagging list closure in a VEFA purchase?

Defects that persist after the snagging list is closed may fall under the ten-year structural guarantee (Article 1792 of the French Civil Code) if they compromise the soundness of the building or make it unfit for its purpose. For minor defects, the two-year guarantee of proper functioning applies. A surveyor can qualify the defect and advise you on the right path.

How much does an expert assessment cost for a defect after snagging list closure in Nice?

The cost of a private expert assessment in Nice ranges from €800 to €2,000 depending on the complexity of the defect and the size of the property. Some surveyors charge a flat fee, others bill hourly (€150-250/hr). This cost is often recoverable if the assessment proves a defect and you take action against the developer.

How do I prove the developer’s repair was inadequate before the snagging list was closed?

To prove an inadequate repair, you need technical evidence: before/after photos, a joint contradictory expert report, or measurements such as crack width. If the developer simply concealed the defect (a coat of render, for example), a surveyor can demonstrate this through non-destructive testing. Keep every written exchange.

What is the deadline to act after the snagging list is closed on a new-build apartment in Nice?

You must report defects up to the point of handover. Once the list is closed, if the defect persists, the deadline to act depends on the guarantee: 1 year for the defects liability guarantee (from handover), 2 years for the guarantee of proper functioning, 10 years for the structural guarantee. Don’t delay: have the defect recorded promptly.

📅 Updated 30/08/2026 — By Cassini Expertise, independent building surveyor 06 & 83. Free quote: 04 22 46 06 04.

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