The reception is the logical phase which follows the end of the building work because it is the stage where the owner accepts the delivery of the built building. To avoid the nuisances which are dependant there, it is necessary to know the legislations in force in this field.
Reception of work according to the law
The framework of reception of work is governed by the law n°78-12 of January 4th, 1978, a text which specifies that there is only one reception as regards construction. But a judgment of the Final court of appeal of October 8th, 1974 also specifies that this act does not understand only the delivery of the building. It shows also the recognition expressed by the owner.
At the time of the reception, the legal guarantees envisaged by articles 1792 and 2270 of the aforesaid law can be put in work by quoting only the decennial guarantee. That marks also the end of the work of the entrepreneur on the site because from there, it is the owner which has the custody of the building site.
At the time of the reception of work, the decennial guarantee will be validated to cover the damage being able to compromise with the solidity of the building. There exist other useful covers as that which can apply in the event of defect for 5% of the price of the house. This one is blocked by the owner until the repair of this defect.
But it is necessary to know to distinguish the reception from work of the act by which the administration issues the compliance certificate. This certificate is the sign of the good completion of the work according to the regulations in force on the matter but also of the declaration of completion of work which is with the competent jurisdictions.
Handy guide for a good reception
Within the framework of the implementation of the contract of construction of house, it is necessary to be demanding to avoid nuisances at the time of the reception of the work. In general, the entrepreneur notifies the moment in advance when the visit will be held of reception of work. Meanwhile, the owner must initially join together all the parts relating to the realization of the project. They can be the contract of construction, the plan, the technical description but also the additional clauses to contract.
Then, it is necessary to gather all the useful elements which were required before the beginning of work. It is the case of the direction of the opening of the doors and windows, of the color of each part, the mark of the apparatuses electric household appliances and especially electrical installations as well as the various drains.
A small council: at the time of the visit, it is necessary to be provided with an object for lights like torch to check each perimeter. In case of doubt with regard to the building, to be made assist by an expert person on the matter is always essential. It is indeed the only able one to detect all the defects of a real construction.
To note that at the time of a report of defects, the owner can register in its statement of visit only those which are visible. |
