French court warns DIY home renovators can face hidden defect claims

DIY renovation work could be subject to vice caché (hidden defect) laws when a property is sold, according to a recent court ruling. 

The case concerned a couple from Alsace, who saw their sale annulled when the Cour de cassation ruled that the extent of DIY work on their house over a 16-year period meant they could be considered professional builders, and so liable for problems.

They were forced to pay back the €120,000 they obtained from the sale of the property plus costs, bringing their total payment to €149,425.

Usually, the seller is exempt from vice caché laws, which apply mainly to professionals such as estate agents and builders. In this case the vice caché exemption was in the sale documents.

Builders are usually protected against claims by their insurance, especially a 10-year guarantee on structural work which they are legally obliged to have. 

There is also a well-established system of experts and mediation for professionals, which means relatively few cases reach court.

In this case the couple sold the house, which dates from the 19th Century, to another couple in 2018, and the buyers complained about leaks, damp and poor insulation in 2019.

They engaged a building surveyor who found significant structural problems with an extension, which had been built by the seller. It did not meet anti-earthquake standards in the region, and cracks were visible.

In addition, the expert confirmed leaks, problems with plumbing, mould and gaps in what was meant to be exterior insulation of the walls.

“It is clearly established that the work done was the result of DIY by people who were unskilled,” the judicial report said.

The sellers denied knowing of any faults when they sold the house, which would normally mean that any vice caché action could not succeed.

And they pointed out that the cracks identified by the expert were visible when the buyers visited the house three times before buying it.

In a 2023 appeal hearing, they added that the problems seemed to be exaggerated, as the buyers had been living quite happily in the house for the past five years.

They lost the appeal and subsequently took their case to the Cour de cassation.

Here, judges stressed that the seller was effectively equivalent to a professional in the eyes of the law.

“The seller himself did the work, and therefore knows the problems. As such, he cannot use the usual protections against vices cachés,” the judgement added.

Insurance companies usually cover small DIY jobs under standard household policies, but there are limits. It is advisable to check your policy first before starting any work.

For insurance against future structural problems, it is possible for individuals to take out assurance dommages-ouvrage, roughly equivalent to professional garantie décennale insurance. The best option is often to use a broker.

Rates will probably be lower if the DIY project has been approved by an architect before work starts.