The contract for the construction of a single-family house with house plans
Protect your project and build with peace of mind
A contract for the construction of a single-family house with the preparation of house plans (law n°90-1129 of 19 December 1990) must be finalized as soon as you entrust the complete realization of the plans and the house to a building contractor.
The contract for the construction of a single-family house, with house plans, is regulated by law. It provides you with maximum security.
Your project is clearly defined
The contract specifically designates the land, its characteristics, and precisely describes the construction work to be carried out. In addition, you will be provided with a notice indicating the supplies and works included in the agreed price – and those that are not. You will also receive house plans (signed by both the builder and you) specifying the recommended dimensions, the surface area of each room, equipment items, and the connections to the various networks (water, electricity, gas…).
Your construction costs are safeguarded
The contract defines a global fixed price, including all taxes. It also mentions the potential mode of revision of charges. The contract also indicates the cost of construction works that will fall under the builder’s responsibility but will be at your expense.
The timeline of your construction is specified in detail
The contract specifies the opening date of the work site, the execution times, and the penalties due by the builder in the event of late delivery.
The construction work is guaranteed to be carried out satisfactorily
Every builder of single-family homes must provide a financial guarantee of delivery at the agreed price and time. This guarantee is issued by an authorized credit institution or insurance company. In the event of an infringement or failure committed by your builder during the construction phase, the guarantor will take charge of the continuation of the work until completion. The guarantor will also cover the potential excess costs of the work yet to be carried out (subject to an excess not exceeding 5% of the agreed price), as well as the penalties provided for in the contract in the event of late delivery (i.e., exceeding 30 days).
You are guaranteed to recover the funds you paid upon signing the contract
If one of the conditions precedent, particularly the condition linked to obtaining a loan to finance the construction, does not materialize, the deposit paid when the contract is signed is returned to you by your builder or by the guarantor of the deposit repayment (the insurer or credit institution).
You have time to reconsider your decision
You are granted a withdrawal period of 7 days from the day after receipt of the contract by registered letter with acknowledgment of receipt or by any other means offering equivalent guarantees. The right of withdrawal shall be exercised in the same manner.
An information notice attached to your construction contract reminds you of your rights and obligations. If you withdraw during this period, you can get your down payment back.
The timing of your payments is regulated.
Payments are made in installments as the work progresses, based on predefined calls for funds :
• 15% at the opening of the construction site, including any security deposit, which may not exceed 3% of the construction price (sum blocked with an authorized institution until the opening of the construction site), or any 5% deposit paid when the construction contract is signed, if the builder provides a refund guarantee,
• 25% upon completion of the foundations,
• 40% upon completion of the walls,
• 60% at the water outlet (roof installation),
• 75% upon completion of the partitions and venting (installation of doors and windows),
• 95% upon completion of equipment, plumbing, carpentry, and heating installations.
The remaining 5% can be suspended if you have expressed doubts upon receipt. This amount will then be blocked until the necessary work is completed.
Your single-family home construction contract provides two financial guarantees.
The advance payment guarantee
If your contract provides for payments before the opening date of the work site (5% upon signature and 5% upon the issue of the building permit), your builder must be able to provide proof of a deposit refund guarantee.
This guarantee allows you to recover the sums paid :
• if one of the conditions precedents is not met,
• if the site is not opened on the agreed date,
• if you exercise your right of withdrawal within seven days.
An information notice attached to your contract for the construction of a single-family home reminds you of your rights and obligations.
The guarantee of delivery at the agreed price and time
This guarantee is fundamental. Its absence renders the contract null and void. It is issued by an insurer or a credit institution in the form of a nominative certificate. It guarantees that even in the event of an infringement or failure committed by your builder during the construction phase, your home will be completed at the agreed price and on time.
Your single-family home construction contract is your guarantee for the future.
The perfect completion guarantee
The perfect completion guarantee lasts for a year. It guarantees your new home against any damage specified in the delivery report or against any faults or poor workmanship that you reported to the builder within one year after delivery, via a registered letter with acknowledgment of receipt.
The guarantee of good working order
This guarantee is valid for a period of two years. It covers equipment that can be removed, dismantled or replaced without damaging the construction (radiators, sanitary facilities, doors, windows, shutters, etc.).
The ten-year guarantee
As its name suggests, the ten-year guarantee is valid for up to ten years, starting from the day you receive your keys. It covers all damage that compromises the solidity of the structure or its use: cracks, infiltrations, various defects affecting heating, electricity, sound and thermal insulation problems, etc. To ensure this ten-year building guarantee, your building contractor must subscribe to a ten-year civil liability insurance policy.
Professional liability insurance
All builders and contractors must subscribe to insurance to cover their professional liability.
You must subscribe to a property damage insurance policy which your builder can negotiate for you at a preferential rate. Valid for a period of ten years, this insurance takes effect upon expiry of the perfect completion guarantee, i.e., one year after the delivery of your home.
This insurance policy makes it possible to rapidly obtain, regardless of who is liable, the repair of the damage falling within the scope of the ten-year guarantee. If you sell your home before the end of the ten-year period, you pass on this guarantee to your buyer.
If you do not purchase a structural damage insurance policy, not only will it take much longer to obtain compensation for any defects, but above all, in the event of a resale, you could be held liable by the new buyer for all the consequences resulting from the lack of insurance.