On delivery of the new house, what was not foreseen can sometimes be required by the customer. For the Court of Cassation, the elements which would not be foreseen, nor quantified, are exigible since they are essential for the use of the house.
The absence of these essential elements means that the construction is not completed, while the builder, when signing a contract for the construction of a house with provision of a plan, is bound by a delivery guarantee, which means that everything must be finished and habitable.
When taking delivery of their pavilion, a couple demanded that additional work be carried out, but the builder replied that this work was not envisaged either in the contract or in the descriptive notice which specifies the technical characteristics of the building and the equipment. indispensable.
Justice made a distinction. Additional work which was not essential for the use of the house was refused since it was not mentioned in the contractual documents. It does not matter, added the Court of Appeal, that the manufacturer "unlawfully omitted" this equipment. It was the fence and the gate.
But essential works, such as the access ramp to the garage, although not planned, were deemed payable by the Court of Cassation since they were necessary for the completion of the construction and therefore for its guaranteed delivery.
The descriptive notice may however provide, according to the construction and housing code, that essential work remains the responsibility of the client, i.e. the client, but this must be expressly indicated, written and signed by the latter.
(Cass. Civil 3, 27.6.2019, H 17-25.949).
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