What is the deadline for a hidden defects claim in France?
A hidden defects claim must be brought within two years of the discovery of the defect, not of the sale (Article 1648 of the French Civil Code). This limitation period can be suspended, notably by a court-ordered expert appraisal, within a long-stop limit of twenty years from the day of the sale.
Two years from the discovery of the defect
Article 1648, first paragraph, of the French Civil Code provides that the buyer must bring the claim arising from redhibitory defects within two years of the discovery of the defect. The starting point is therefore not the signing of the deed, but the day the buyer gained sufficient knowledge of the flaw, its cause and its seriousness.
In practice, the courts often take as the starting point the date of the expert's report revealing the extent and origin of the problem, rather than its first visible signs. The date of that discovery is assessed by the trial judges in their sovereign discretion, in light of the evidence produced.
A limitation period contained within a twenty-year cap
In four rulings of its mixed chamber dated 21 July 2023 (including appeal no. 21-15.809), the French Court of Cassation clarified the nature of this period: the two-year period of Article 1648 is a limitation period, capable of being suspended, and it is contained within the twenty-year long-stop period of Article 2232 of the French Civil Code, which runs from the day of the sale.
In concrete terms, a defect discovered fifteen years after the purchase can still support a claim, provided the buyer acts within two years of the discovery and before the twenty-year long-stop expires.
How to suspend or interrupt the period
A word of caution: a simple formal demand letter, even sent by registered mail, does not interrupt the limitation period. Only certain steps have an effect on the two-year period.
The discovery of the defect, often the date of the expert's report, is what starts the two-year period (Article 1648 of the French Civil Code). An amicable formal notice sent to the seller has no effect on the limitation period. A court-ordered expert appraisal granted by the judge suspends the period while the investigative measure is carried out (Article 2239 of the French Civil Code). Serving a writ on the merits before the court interrupts the period, and a fresh period starts running (Article 2241 of the French Civil Code). Once twenty years have elapsed since the sale, the claim is barred by the long-stop period (Article 2232 of the French Civil Code).
| Event | Effect on the period |
|---|---|
| Discovery of the defect (often the expert's report) | Starting point of the two-year period (Article 1648 of the Civil Code) |
| An informal formal notice sent to the seller | No effect on the limitation period |
| An expert appointed by the court in interim proceedings | The period is suspended while the investigation runs (Article 2239 of the Civil Code) |
| Proceedings issued on the merits | The period is interrupted: a fresh period starts (Article 2241 of the Civil Code) |
| Twenty years elapsed since the sale | The claim is barred by the long-stop period (Article 2232 of the Civil Code) |
How the main events affect the two-year period
The practical reflex: the court-ordered pre-trial appraisal
When the defect is discovered, the buyer rarely has time to build a complete file within two years, especially if the seller disputes the claim. An application for a pre-trial investigative measure (référé-expertise, Article 145 of the French Code of Civil Procedure) suspends the limitation period when the judge grants it; the period starts running again, for no less than six months, from the day the measure has been carried out (Article 2239 of the French Civil Code).
This mechanism secures the proceedings: the court-ordered appraisal establishes the evidence while preserving the deadline for bringing the claim on the merits.
Frequently asked questions
Does the period run from the purchase or from the discovery of the defect?
From the discovery of the defect (Article 1648 of the French Civil Code). The courts often set this starting point at the date of the expert's report revealing the cause and seriousness of the problem, not at its first visible signs.
Is an amicable expert appraisal enough to suspend the period?
No. Only an investigative measure ordered by the judge before any trial suspends the limitation period (Article 2239 of the French Civil Code). An amicable appraisal remains useful as evidence, but it has no effect on the two-year period.
Can you still bring a claim fifteen years after the purchase?
Yes, if the defect has only just been discovered: the claim remains open for two years from the discovery, as long as the twenty-year long-stop running from the sale has not expired (Article 2232 of the French Civil Code and the mixed chamber rulings of 21 July 2023).
Is the deadline the same against the builder of the house?
No. Damage covered by the ten-year builders' warranty follows a separate regime: ten years from acceptance of the works (Articles 1792 et seq. of the French Civil Code). Depending on the origin of the damage, the claim may target the seller, the builder or both.
Read next
- Code civil, article 1648 (Légifrance)
- Code civil, article 2232 (Légifrance)
- Code civil, article 2239 (Légifrance)
- Code civil, article 2241 (Légifrance)
- Cour de cassation, chambre mixte, 21 juillet 2023, quatre arrêts dont le pourvoi n° 21-15.809
- Code de procédure civile, article 145 (Légifrance)
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