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What to do in case of a dispute with a tradesperson in France

Getting building or renovation work done in France can be stressful - even more-so if you find yourself in a disagreement with the contractor (artisan). Here are some of the steps you can take to resolve the situation, as well as your rights.

What to do in case of a dispute with a tradesperson in France
A worker renovates of a traditional, regional Alsacian timbered house in Uttwiller, northeastern France, on May 22, 2024. (Photo by FREDERICK FLORIN / AFP)

In France, getting building or renovation work done can be more time-consuming than expected, especially if planning permission or other permits are required.

The entire process is difficult to navigate for foreigners, particularly those struggling with the French language, and it can be especially complicated if disputes with contractors or tradespeople (known in French as artisans) arise along the way.

Whether the disagreement involves shoddy work, extreme delays or simply that the project was never completed, there are a few steps you can take to reach an agreement.

Try to resolve things amicably

Before taking any drastic measures, you should try to work with the tradesperson. While the work is going on, you can point out defects or issues to the tradesperson and ask that he/she fix them before the project is finished. 

Send emails, take photos, and report issues as much as you can as problems arise.

At the end of a project, you can also request a réception de travaux (or réception de chantier), which is a moment where the client formally accepts the work that has been done.

Oftentimes, there is a ‘tacit’ acceptance, meaning the customer has paid the contractor in full and they have moved into the property or begun using it. However, you can do a réception expresse, which involves both parties examining the site together and signing a statement of acceptance, which notes any reservations.

Send a registered letter

If it has proved impossible to reach an agreement, then the first step is to send a registered letter. This serves as  proof that you have made an attempt at an amicable solution, and starts to give you documentation of the other party’s willingness (or unwillingness) to fulfil their obligations.

Be sure to send a letter that requires acknowledgement of receipt (avec accusé de réception) – this forces the recipient to sign for it, so they cannot later claim that they did not receive it.

You can find a sample letter HERE.

READ MORE: Lettre recommandée: Why you need them and how to send them in France

In the letter, you should list the problems and your expectations (with dates) for how the tradesperson can solve them, as well as references to the initial quote (devis) you were given.

The dévis is a binding contract for the tradesperson involved, and it should outline the nature of the work, its cost as well as expected completion time.  

This document will also be very important in determining whether French law sees the tradesperson at fault or not.

Can I break the contract or stop paying?

Technically, both of these are possible, but you should proceed with caution. If you eventually want to terminate the contract, then sending a registered letter can protect you from the tradesperson going after you for unfair termination.

Be careful about refusing to pay. If you do so, be sure to outline your evidence in the letter.

The safest option would be to either put the funds into a blocked account, with a notary, or the Caisse des Dépôts et Consignations, with the stipulation that they would be released once the issues have been resolved, according to the advice page of the French government

Know your rights

Do a little research before you send the letter. For example, it’s handy to know that when it comes to delays, tradespeople should follow the procedure of writing up an amendment to the original dévis and asking you to sign it. If they skip this step, then they cannot ask you for additional payment outside of what is outlined in the original dévis.

READ MORE: Living in France: How to avoid being conned by rogue tradesmen

Once work has ended, you may also be covered by one of three building guaranties (garantie), as outlined on the Service-Public website.

They include; the guaranty of perfect completion (garantie de parfait achèvement, GPA), the guaranty of good-working order (garantie de bon fonctionnement) and the 10-year guaranty (garantie décennale).

The first – the guarantee of perfect completion – is related to defects or work that does not conform to what was expected (via the dévis). This can be invoked within one year of completion, and it does not concern normal wear and tear. Based on this standard, the builder should carry out repairs to the problems within one year.

The second – the good-working order guaranty – covers you against damage to equipment affected by the work. For example, if the hot water tank needed to be removed before the work could begin. If any items are damaged in the process, then you have up to two years following the end of the work to ask for those items to be repaired.

In your letter, you should pinpoint the damage done, and request that the builder carry out repairs or replacements at his/her own expense and within your specified time limit.

Finally, the 10-year guaranty exists to protect you from significant damage and it lasts, as you would expect, 10 years after work was completed.

This is meant to focus on profound defects – for example anything that harmed the foundation of the building, or mistakes that made the property uninhabitable.

You should keep in mind that these ‘guaranties’ are also in place to protect tradespeople. For instance, the artisan is not liable for certain defects and delays that are out of their control. This might be a natural disaster or weather conditions that force them to stop work. In this case, you should still be informed about any additional delay to the project.

You should also keep in mind that if the work was ‘major’ (ie, it involved getting planning permission), then at the end of the project there should be a DAACT (Déclaration attestant l’achèvement et la conformité des travaux).

READ MORE: How to get planning permission for your French property

This is a certificate that attests that the work conforms to the contract and the law. In reality, it is more for the local town hall than for you, and it should be filled out within 90 days after the end of the work. Still, it helps add a layer of regulation to ensure that the work fulfilled legal standards.

Attempt mediation

If your letter did not work, then the next step would be to attempt mediation with a third party. In fact, attempting an amicable solution before taking the matter to the courts is now a legal requirement (as of October 2023), for any disputes about sums below €5,000.

You have a few third parties you could reach out to – including consumer associations (ex. UFC Que Choisir), trade unions or professional federations that may represent the tradesperson you are working with.

These groups may be able to put pressure on the artisan, or organise an inspection.

It can also be a ‘conciliator’ or a member of the Maison de Justice et du Droit, whose job is to help resolve disputes amicably.

You can find one near you by entering your postal code in this French government website or by searching with this interactive map.

Consider also reporting the tradesperson on the SignalConso online platform, this may encourage them to respond, though it could trigger a fraud investigation into them as well.

Taking it to court

If all else fails, then you can take the matter to court. At this point, it would be advised to get professional legal assistance.

If the dispute is over a sum less than €10,000, then it would go to the Tribunal de proximité. You send the request by filling out this form (CERFA 16042*02).

You may need to include the initial quote, invoices already paid, copies of registered letters already sent, proof of an amicable resolution, as well as any photographs or other proof of damages.

If it is above €10,000, then your case will go to the Tribunal judiciaire. In this case, you would need a lawyer, and it would be up to them to draw up the summons.

READ MORE: EXPLAINED: How to find a lawyer in France

You can find the directory for both types of courts HERE.

What happens afterwards?

Depending on the situation, you may be awarded damages. The judge can also require the contractor to finish the work – or destroy previous work, in the case where they disappeared and stopped all work.

They can also require that the rest of the work be carried out via another company, paid by the previous tradesperson.

If you are not satisfied with the decision, you can always challenge it with the Court of Appeal (as long as the dispute is worth more than €4,000).

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PROPERTY

9 things landlords in France can never ask of tenants

French law places strict limits on what a landlord has the right to demand of new and existing tenants – from the size of the security deposit to whether they can smoke or keep pets. Here is what both tenants and landlords need to know.

9 things landlords in France can never ask of tenants

Finding a place to rent in France is the first step for many people after moving.

Location makes a big difference, as big cities often have housing shortages, making options slim and competition fierce.

Some landlords have been known to take advantage of would-be tenants’ desperation for a roof over their heads. But it is not all one-way traffic – in many cases, the law is on the side of the tenants.

READ ALSO The vital French vocab for renting property

While it is crucial for tenants to know their rights, it is equally important for those thinking of renting out their French property to understand these rules too.

Here are the nine things a landlord can never ask of a tenant in France;

Three months’ deposit

A landlord cannot, by law, demand a security deposit equivalent to three months’ rent. The maximum deposit allowed in law is one month’s rent – excluding charges – for unfurnished apartments, and two months for furnished apartments.

Deposits also cannot be increased during the term of the lease, or upon renewal, and they are paid after the lease has been signed.

READ ALSO What you should know about paying rental deposits in France

No pets

Unlike in other countries, landlords in France cannot ban their tenants from owning pets.

The sole exception to this rule: landlords can prohibit tenants from owning dangerous dogs, provided this ban is written into the lease.

Otherwise, tenants have the right to keep one or more pets in their rented property (even if it is rented as a furnished property), provided they respect the peace and quiet of the neighbourhood – and accept responsibility for damage or disturbance caused by the animal.

No smoking

Landlords cannot forbid their tenants from smoking in the privacy of the property they call home.

No guests

Tenants cannot be prevented from hosting friends and family. 

The only rule is that this accommodation must be free of charge. Payment of any kind may be considered sub-letting, which can only be done with the landlord’s permission. Keep this in mind if you were interested in putting the home on Airbnb.

READ MORE: What are the rules on home exchanges in France?

Rent payment method

How tenants pay their rent is up to them. Landlords cannot stipulate one payment method over another – nor can they include a clause into the contract that allows them to deduct rent payments directly from a tenant’s salary.

Additional payments and reservations

Requiring the tenant to pay sums other than the rent and security deposit in order to sign the lease is prohibited. Some landlords have tried to ask tenants to pay a sum to reserve the apartment, but this is not allowed.

That said, the lease may include an additional payment on top of rent called les charges. These are the communal costs paid by the landlord that the tenant is expected to reimburse. For example, costs for an elevator, doorman, communal heating, etc.

The charges can either be charged monthly in a flat-rate set out in the lease, or in regular instalments with the landlord paying back or requesting the difference at the end of the year. Only certain things can be considered a ‘recoverable’ charge – you can find the list here.

READ ALSO PROPERTY: What you need to know about ‘copropriété’ fees in France

Type of home insurance

Tenants must take out a home insurance policy for the property they rent. But landlords cannot dictate which insurance company they use. The choice of insurer is entirely down to the tenant.

READ ALSO: Assurance habitation: How to get home insurance in France

Activities in the apartment

As far as the law in France is concerned, a tenant is at home in the accommodation he or she occupies. Clauses that restrict the tenant’s political activities, union membership, or religious activities in the property is illegal.

Certain types of documents

When renting an apartment in France, you need to send over a dossier including lots of information about yourself. For foreigners, some of the information requested might even feel too invasive.

Landlords may request one form of identification, one proof of address, one or more documents attesting to your professional status, and one or more documents proving your financial status (ie ability to pay rent).

However, real estate agents and private landlords cannot ask for certain things.

These include: the would-be tenant’s “family record book (livret de famille), health insurance card (carte vitale), bank statements (relevé de compte bancaire), marriage contract or divorce decree (contrat de mariage ou du jugement de divorce), or for their criminal record (extrait de casier judiciaire)”, according to French government body CNIL.

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