According to article 1792-1 of the French Civil Code: “The following are deemed to be builders of the structure: (…) 2° Any person who sells, after completion, a structure that he has built or had built”.
The theory of intermediate damages has been enshrined in French law, allowing builders to be held contractually liable (i.e. for misconduct) for defects that do not fall within the scope of legal warranties, and which appear after completion.
Applying these two principles, the French Cour de Cassation recalls that “the person who sells, after completion, a structure that he has built or had built is liable, for the ten years following completion of the work, for proven misconduct in respect of intermediate damages” (3e Civ., January 30, 2025, appeal n° 23-16.347, and previously, 3e Civ., November 4, 2010, appeal n° 09-12988).
