Who is liable for repair costs after the sale of a property in France? 

Reader Question: We sold our house in France, after having a terrace roof problem repaired. The new owner did not move in until many months after, by which time the problem had recurred during winter storms. She has issued a threatening letter, including repair costs of more than €13,000. Is the builder liable?

The owner of a property is responsible for its upkeep and it seems clear that the roof problem, which occurred some time after the sale, is the new owner’s responsibility.

The principle of new owners being responsible was reinforced in a ruling by the Cour de cassation in March 2022, in a case involving water damage in a block of flats.

The court said the new owner and their insurance company were responsible for damage caused in a neighbouring flat, even if it was likely that the leak started before the sale.

The new owner might argue that the roof problem is a vice caché (hidden fault), claiming that you hid the problem. Vice caché clauses apply when the hidden fault is so bad that the home cannot be lived in.

Read more: Sellers responsible for DIY defects in French home after sale

It appears the problem is not with the house, but a terrace, and you had the problem fixed, so you have a strong case against a vice caché claim.

It is unlikely that any of the three guarantees you get from reputable builders – garantie de parfait achèvement (good work guarantee), garantie de bon fonctionnement (two-year guarantee against material faults) or garantie décennale (10-year guarantee against structural problems) apply, as you were happy with the work.

Read more: Couple fight buyer’s €140,000 repairs claim for self-built French home

Sarah Bright-Thomas is an English-speaking French lawyer at Bright Avocats