Building permit and sale: what should you check?

Informing the buyer of the authorisations and their conformity

The seller owes a pre-contractual duty to inform: the contracting party who knows information whose importance is decisive for the other party's consent must inform the other party of it, where the latter legitimately does not know it or relies on that party (article 1112-1 of the French Civil Code). The property's town planning situation, and in particular the existence, completion and conformity of the authorisations obtained for the constructions and extensions, falls within that scope. In practice, the preliminary contract (promesse or compromis) sets out these elements and the notary requests them. Intentionally concealing an unlawful construction can amount to fraudulent misrepresentation (dol, article 1137 of the French Civil Code) and expose the seller to annulment of the sale or to damages.

A construction built or extended without a permit, or not compliant with the permit issued, must be disclosed: the buyer inherits the administrative risk attached to the property. It is prudent to gather the permit orders, the plans, and the declarations of completion before putting the property up for sale, in order to secure the transaction and reassure the notary.

Completion, conformity, and the ten-year guarantee

At the end of works subject to authorisation, a declaration certifying the completion and conformity of the works (DAACT) must be filed at the town hall (article R.462-1 of the French Town Planning Code). The competent authority then has three months to contest the conformity of the works, a period raised to five months where a compliance inspection (recolement) is mandatory, notably near a historic monument, on a listed site, or for a building open to the public (articles R.462-6 and R.462-7). Once this period has passed with no challenge, the beneficiary or their successors in title can obtain, on request and within fifteen days, a certificate confirming that conformity has not been contested (article R.462-10).

For ten years from the acceptance of the works (article 1792-4-1 of the French Civil Code), the builder is liable as of right, towards the building owner or the buyer of the structure, for damage that compromises the soundness of the structure or makes it unfit for its purpose (article 1792 of the French Civil Code). The structural damage insurance (dommages-ouvrage), for its part, is taken out on behalf of successive owners (article L.242-1 of the French Insurance Code). Above all, where a deed transfers ownership before the expiry of this ten-year period, the existence or absence of these insurances must be mentioned in the body of the deed or in an annex, the certificate being attached to it (article L.243-2 of the French Insurance Code).

To check: town planning certificate and easements attached

It is strongly recommended to have a recent town planning certificate and the schedule of town planning easements burdening the property attached to the promise, so that the buyer has complete information and freezes the applicable rules. This check protects both parties and limits the risk of a dispute after the sale.

• Request a recent town planning certificate and have it attached to the preliminary contract: it is not mandatory, but it freezes the rules for eighteen months (article L.410-1 of the French Town Planning Code).
• Have the town planning easements affecting the property mentioned (alignment, setbacks, reserved sites) and attached to the promise.
• Gather the authorisations, the plans, and the declaration of completion (DAACT) for the works carried out.
• Attach the insurance certificates for works less than ten years old: article L.243-2 of the French Insurance Code requires the deed to mention the existence or absence of these insurances.