We must not confuse the standards and the rules of the art and work carried out without respecting a DTU (Unified Technical Document) are not by nature deficient.
Compliance with the standards gathered in this document by professionals gathered in standardization committees is only mandatory if the works contract provides for it, recalled the Court of Cassation.
No one can therefore reproach a professional for not having strictly followed the DTU document for his specialty.
A storm having caused the collapse of a metal roof, the owner, after an expertise, considered that the author of the construction was necessarily responsible since he had not respected the DTU of the metal construction.
Unlike this owner, the judges distinguished between the DTU and the rules of the art. Moreover, they observed, for years the construction did not cause any concern and the collapse is not due to a bad realization but to an accumulation of water caused by the lack of maintenance of the evacuations. .
The owner cannot therefore require the builder to assume the reconstruction with respect for the DTU since this respect was not agreed between them in the initial contract and is not imposed by law.
(Cass. Civ 3, March 10.6.2021, 20, U 15.277-XNUMX).
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