# Defects After Reservation Lift in Nice: What to Do When the Issue Persists? > Malfaçons persistantes après levée de réserves à Nice : quelles démarches engager quand les désordres signalés ne sont toujours pas corrigés. - URL : https://cassini-expertise.fr/en/defects-after-reservation-lift-nice/ - Langue : en-US - Mis à jour : 2026-11-06 - Site : Cassini Expertise (https://cassini-expertise.fr/) Discovering structural defects after the snagging reserves have been cleared at practical completion (réception des travaux) is a legally complex situation for clients in [Nice](https://cassini-expertise.fr/nice-secheresse-argile-fissures-donnees-officielles/) and across the Alpes-Maritimes. An independent building expert is brought in to characterise these defects, establish how they have developed over time and determine which guarantees apply under the Civil Code. ## Legal background to lifting reservations ![defects after reservation lift nice - Cassini Expertise](https://cassini-expertise.fr/wp-content/uploads/2026/09/reception-travaux.webp) *Cassini Expertise – independent building expertise* Acceptance of the works (réception), with or without reservations, is the starting point of the statutory guarantees. [Article 1792-6](https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000006443552) of the Civil Code defines it as “the act by which the client declares that it accepts the work, with or without reservations”. Acceptance transfers custody of the building and starts the clock on the guarantees: a one-year completion guarantee (garantie de parfait achèvement), a two-year functioning guarantee for separable equipment, and the ten-year warranty (garantie décennale) for damage that compromises the structure’s solidity or makes it unfit for its purpose. Reservations are cleared once the corrective works requested at acceptance have been carried out. However, defects may appear afterwards, either because they were latent at the time of acceptance or because of a gradual pathological development. The legal classification of these defects determines which guarantee applies and who is liable. ### Apparent defects versus hidden defects At acceptance, the client is required to point out any apparent defects. Hidden defects, which cannot be detected by a normal inspection, can be raised later. A technical expert assessment establishes whether a defect discovered after reservations were cleared could reasonably have been detected at acceptance or results from a later development. This distinction determines whether claims under the guarantees are admissible. ## Types of defect found after handover Defects discovered after reservations are cleared in new-build properties in Nice and the surrounding area fall into several categories according to their nature and seriousness. ### Progressive structural defects Structural cracks often have a progressive character that distinguishes them from cosmetic hairline cracks. The building expert takes precise dimensional readings: opening width measured with a crack gauge, developed length and a mapped trace. Monitoring over several months using tell-tales makes it possible to quantify movement. A through-crack growing from 0.5 mm to more than 2 mm over a few months, together with vertical displacement of more than 1 mm, indicates active structural movement requiring in-depth investigation of the foundations. Foundation defects on clay soils are a recurring problem in certain parts of the Alpes-Maritimes. Clays with a high content of swelling minerals undergo significant volume changes depending on their water content. Clay shrink-swell produces differential settlement of up to several centimetres, showing up as façade cracks, distorted window and door frames and lifting floor tiles. ### Waterproofing failures Water ingress is the second most common reason for post-completion expert assessments. Flat roofs, façades exposed to the weather and external joinery: waterproofing details can reveal their defects after several climatic cycles. The expert traces the paths by which water enters, tests the waterproofing upstands and checks that falls and drainage comply. The consequences for the structural shell (reinforcement corrosion, degraded insulation, fungal growth) may fall under the [ten-year warranty](https://www.service-public.gouv.fr/particuliers/vosdroits/F2034) (garantie décennale). ### Defects affecting equipment Malfunctions in heating, ventilation and domestic hot water systems fall within the two-year functioning guarantee for equipment that can be separated from the structural shell. The technical assessment determines whether the problem results from a design fault, poor workmanship or poor maintenance. This classification determines whether the two-year guarantee under [Article 1792-3](https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000006443534) of the Civil Code applies. ## Technical survey method An independent building expert follows a rigorous method to analyse defects found after handover and establish their causes. ### Visual inspection and dimensional surveys The investigation begins with a thorough visual inspection of the affected rooms and adjoining areas. The expert photographs and maps the defects and records their dimensions with calibrated instruments (crack gauge, level, laser measure). For cracks, the expert records the width, length, orientation and whether or not they pass through structural elements. Plaster tell-tales or mechanical gauges allow movement to be monitored over several weeks or months. ### Further investigations Depending on the nature of the defects, the expert prescribes further technical investigations: destructive probing to reach concealed structures, permeability tests for waterproofing problems, infrared thermography to detect thermal bridges and water ingress, and laboratory analysis of materials. For foundation problems, a geotechnical survey with boreholes may be needed to establish the nature and mechanical properties of the bearing soil. ### Analysing the defects and establishing causation The expert establishes the causal link between the defects observed and their possible origins. The expert examines compliance with good building practice (DTU technical codes, NF standards, Avis Techniques approvals), checks that design and execution are consistent, and assesses whether the technical solutions suit local conditions (climate exposure, soil type). Cross-checking the technical documents (soil survey, working drawings, acceptance report) against site findings makes it possible to identify failings and responsibilities. ## Which warranties apply The legal classification of the defects determines which guarantee can be invoked and for how long claims remain admissible. ### Ten-year warranty under Article 1792 of the Civil Code [Article 1792](https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000006443502) of the Civil Code provides that “any builder of a work is liable as of right to the client or purchaser for damage, even if it results from a defect in the ground, which compromises the solidity of the work or which, by affecting it in one of its constituent parts or one of its items of equipment, renders it unfit for its purpose”. This liability runs for ten years from acceptance. Progressive through-cracks in the structure, differential settlement of foundations and waterproofing defects affecting the building envelope typically fall under the ten-year warranty (garantie décennale). The technical expert assesses the seriousness of the defects against these two statutory criteria: impairment of solidity or unfitness for purpose. A purely cosmetic defect falls outside this scope, whereas a crack compromising structural stability fully engages the ten-year warranty. ### Biennial good-working-order warranty Article 1792-3 of the Civil Code establishes a two-year functioning guarantee for “items of equipment of a work, but only as regards their functioning”. This guarantee covers equipment that can be separated from the structural shell without damaging it when removed: heating, ventilation and hot water systems, roller shutters and automatic garage doors. The expert determines whether the faulty equipment falls into this category and whether the malfunction results from an original defect. Poor maintenance and normal wear and tear are excluded from this guarantee. ### Completion warranty (garantie de parfait achèvement) Article 1792-6, paragraph 2 of the Civil Code provides that “for a period of one year from acceptance, the client is entitled to have the contractor remedy all defects notified”. This guarantee covers all defects of whatever kind notified within the year following acceptance, whether or not they are of the kind covered by the ten-year warranty. For defects discovered after reservations were cleared but within the year following acceptance, the client can invoke this guarantee by registered letter with acknowledgement of receipt sent to the contractor. ## Amicable and court procedures Faced with post-completion defects, a client in the Alpes-Maritimes has several avenues of recourse. ### Preliminary amicable steps Before any litigation, it is advisable to notify the builders of the defects by registered letter with acknowledgement of receipt, stating the nature of the defects, their location and the progression observed. This notification interrupts the limitation period. An amicable adversarial expert assessment can be arranged with the builders and their insurers to try to reach a settlement. The independent expert instructed by the client produces a technical report that serves as the basis for negotiation. ### Court-ordered expert assessment Failing an amicable settlement, the client can apply to the president of the tribunal judiciaire (civil court) for an expert-appointment order in summary proceedings (référé expertise) under Article 145 of the Code of Civil Procedure. This procedure allows a court-appointed expert to be designated before any trial on the merits, in order to establish technically the state of the defects and their causes. In the Alpes-Maritimes, cases concerning the Nice area, [Antibes](https://cassini-expertise.fr/antibes-secheresse-argile-fissures-donnees-officielles/) and Cannes fall under the tribunal judiciaire of Grasse (including for Antibes) or that of Nice, depending on territorial jurisdiction. The tribunal judiciaire of Toulon has jurisdiction for eastern Var. The court-appointed expert carries out adversarial operations in the presence of all parties (client, builders, insurers). The resulting technical report is the basis for the court’s decision on the merits. The parties may also call on sapiteurs (private specialist experts) to assist them during the court-ordered expert assessment. ### Action on the merits and appeals An action on the merits seeks an order requiring the builders to repair the defects or pay damages. It is based on Blog 1792 et seq. of the Civil Code for the statutory guarantees, or on Article 1231-1 of the Civil Code (general contractual liability) for defects outside the scope of the special guarantees. Judgments of the tribunaux judiciaires of Grasse, Nice, Toulon or Draguignan may be appealed to the Aix-en-Provence court of appeal within one month of service of the judgment. An appeal to the Court of Cassation remains available under the ordinary conditions. ## Role of the independent building expert Cassini Expertise, an independent building expert based in Antibes, is involved at every stage of handling post-handover defects in the Alpes-Maritimes (06), the Var (83) and the Bouches-du-Rhône (13). ### Preliminary technical survey Before any legal proceedings, the private expert carries out a thorough technical inspection to characterise the defects, assess their seriousness, identify their likely causes and determine which warranties can be called upon. This preliminary expert report allows the client (maître d’ouvrage) and their legal adviser to judge the technical strength of the case and to take appropriate steps based on documented facts. ### Technical assistance during court-ordered expert assessment When a court-ordered expert assessment is opened, the private expert assists the client as a technical adviser (sapiteur). They prepare for the expert operations, submit reasoned technical statements, propose relevant further investigations, and make sure that every technical aspect is properly examined by the court-appointed expert. This technical support strengthens the defence of the client’s interests throughout the proceedings. ### Costing the repair work The building expert draws up a descriptive and costed schedule of the remedial works needed to put the defects right permanently. This detailed costing, prepared in line with good building practice and local market prices, serves as the basis for compensation or for carrying out the corrective works. The technical report sets out suitable repair solutions, how they are to be carried out and their estimated cost. ## Prevention and vigilance at handover The best protection against post-handover disputes is increased vigilance during the checks carried out before handover and throughout the year of perfect completion. ### Pre-handover inspection Before signing the handover report (procès-verbal de réception), it is strongly advisable to have a technical inspection carried out by an independent expert. This pre-handover inspection identifies visible defects, non-compliances and poor workmanship that should be recorded as reservations (snagging items). The expert guides the client in drafting precise, technical reservations, which avoids reservations being signed off prematurely. ### Monitoring the completion-warranty year During the year following handover, particular attention should be paid to the first weather cycles (first rains, first summer, first winter). Waterproofing defects, structural cracks and thermal problems often appear during this period. Any defect noticed must be notified immediately by registered letter in order to benefit from the guarantee of perfect completion (garantie de parfait achèvement). For any question about defects that appear after reservations have been signed off in Nice, Antibes, Cannes or the Var, Cassini Expertise is at your disposal on 04 22 46 06 04 for an independent and rigorous technical assessment. Read more: [Article 1641 of the Civil Code and the latent defects warranty, explained](https://cassini-expertise.fr/article-1641-code-civil-garantie-vices-caches/). **See also:** [New-Build and CCMI Construction Defects: Expert Assessment](https://cassini-expertise.fr/en/new-build-ccmi-construction-defects/) · [No Completion Acceptance, No Warranty: General Principle](https://cassini-expertise.fr/en/no-completion-acceptance-no-warranty-construction-law/) · [Off-Plan Sales (VEFA): No Delivery, No Warranty](https://cassini-expertise.fr/en/vefa-no-delivery-no-warranty/) --- Source : https://cassini-expertise.fr/en/defects-after-reservation-lift-nice/