Work acceptance, defects and guarantee: what you need to know
- Antoine de Gironde
- May 28
- 3 min read
The handover of the works is one of the most important moments in a construction or renovation project. It marks the transfer of custody of the building from the contractor to the client and starts several warranty periods that carry significant legal and financial consequences.
What is the handover of the works?
Reception is the act by which the client declares they accept the work, with or without reservations. It is defined by Article 1792‑6 of the Civil Code and applies to any construction or renovation contract. It takes the form of an on‑site inspection attended by the client, the architect (project manager), and each contractor. The reception minutes are the founding document: they record the reservations, state the date, and start the warranty periods.
The architect's role during the handover of the works
The architect leads the reception inspection and records the reservations. A reservation is the notation of a defect, non‑conformity, or missing work. It must be made in writing and precisely. This phase is an integral part of our project‑management mission. Never sign a reception report without having carefully inspected the work. A reservation not raised at reception is difficult to assert later.
The perfect‑completion guarantee (1 years)
For one year from the date of reception, the contractor must remedy all reported defects. The architect monitors the follow‑up and the removal of reservations. The 5% retention of guarantee, detailed in our article on the project's financial monitoring, encourages contractors to act quickly.
The biennial guarantee (2 years)
For two years from handover, contractors are responsible for defects in detachable building equipment: faucets, shutters, individual heating units, bathroom fixtures, and removable suspended ceilings.
The decennial guarantee (10 years)
From the date of handover and for ten years thereafter, all contractors are jointly liable for defects that affect the building’s structural integrity or make it unfit for its intended use. This ten‑year liability is established by Article 1792 of the French Civil Code, and each contractor is required to hold decennial liability insurance.
Atelier d'Architecture Antoine de Gironde holds professional and decennial liability insurance with the MAF (Mutuelle des Architectes Français). The insurance certificate is handed to the client upon signing the project management contract.
Mandatory construction defects insurance
The owner must subscribe to dommages‑ouvrage (DO) insurance before work begins. DO is mandatory for any new build or major renovation. If a defect falls under the ten‑year warranty, DO pre‑finances the necessary repairs so you don’t have to wait for a court to apportion liability.
Not having DO can lead to lengthy, expensive legal procedures after a claim and may make it harder to sell the property during the ten‑year period.
What the architect does after the handover.
During the AOR (after‑handover) phase the architect oversees the clearing of listed defects, chases any contractors who fail to act, and advises the client whether to release or keep the 5% retention. If you have any questions, please contact us.
To go further
Antoine de Gironde
Architecte DESA — Registered with the Order of Architects n°084305
Atelier d'Architecture Antoine de Gironde
10 rue de Fontenay, 78000 Versailles
