How does the Guarantee of Perfect Completion (GPA) work?

The guarantee of perfect completion (GPA) is one of the three guarantees which protects an individual in the event of defects after receipt of work. How does GPA work? What types of damage are affected? How long is the warranty? Who are the building professionals involved? Work covered, procedures and compensation, here is everything you need to know about its application.

What is the Perfect Completion Guarantee?

A legal guarantee provided for by the Civil Code in the event of a construction defect

The guarantee of perfect completion is a remedy allowing the owners of a new property to claim the recovery of defects and poor workmanship detected following delivery. It is provided for by article 1792-6 of the Civil Code, in the following terms: “The guarantee of perfect completion to which the contractor is bound for a period of one year, from receipt, extends to the repair of all problems reported by the project owner, either by means of reservations mentioned in the acceptance report, or by written notification for those revealed after acceptance. »

The project owner must report the notified reservations

In other words, the owner of the property – called in this context the project owner – has one year to have all the “reservations” notified either in the delivery report or subsequently taken up.

What are the differences between GPA, ten-year and two-year guarantee?

When a newly constructed property is delivered to its owner, it comes with three guarantees:

These three guarantees have neither the same duration nor the same purpose. In fact, the two-year guarantee covers the owner of the property for two years from delivery. It only concerns removable and separable elements located within the accommodation.

The ten-year guarantee lasts ten years, as its name indicates (article 1792 of the Civil Code). It generally covers disorders affecting the structural work of construction. In fact, it is a question of damage which compromises the solidity of the structure and makes it unsuitable for its intended purpose (infiltration, roof problems, lack of waterproofing, sagging of the floor, etc.).

What types of damage are covered by GPA?

All apparent disorders noted in the report

Article 1792-6 of the Civil Code mentions that the guarantee extends to the repair of all defects reported by the project owner, either by means of reservations mentioned in the acceptance report, or by notification written for those revealed after receipt. Thus, the guarantee of perfect completion covers all defects, whatever their nature and seriousness, as long as they were apparent and notified in the delivery report of the property.

Disorders or defects notified by registered letter

Any disorder or defect that appears subsequently is also covered by this guarantee as long as it is regularly notified by registered letter with acknowledgment of receipt to the manufacturer.

Good to know : please note, the warranty does not cover work necessary to remedy the effects of normal wear and tear or use.

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Who is responsible for the perfect completion guarantee?

The text of article 1792-6 of the Civil Code provides for an obligation borne by the “entrepreneur”. In practice, it is the builder of the property who is responsible for guaranteeing perfect completion. But he is not obliged to intervene in person: he can involve subcontractors, different companies, in order to carry out the necessary work. This is usually the case.

How long is the GPA?

The GPA – guarantee of perfect completion – lasts one year. Its count begins from the date of delivery of the goods. The owner therefore has one year following receipt of the work to begin the process and benefit from the GPA.

How to benefit from the perfect completion guarantee?

Report defects

The guarantee of perfect completion is activated by the mention of reservations upon delivery, which must be annexed to the report. Consequently, the contractor has a period of one year to remedy the problems and defects noted by the owner.

Send a registered letter

The project owner may also notify him of new reservations that appear during the expiration of the GPA deadline. To do this, you must send a registered letter with acknowledgment of receipt listing the new reservations to the contractor. The latter remains free to contest, accept or refuse the reservations indicated. In the event of disagreement, the judicial court hearing the case must rule.

In all cases, if the contractor does not react, you will have to send him a letter of formal notice to have to carry out the work.

Good to know : The project owner can make up for it if he neglected to report apparent defects upon delivery. He may do so as long as he was not accompanied by a professional by registered letter with acknowledgment of receipt within eight days following the delivery of the keys following receipt (article L. 231-8 of the Code of construction and housing).

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GPA: within what time frame must the contractor carry out the recovery work?

A deadline set in agreement with the owner and the contractor

In this matter, the text of article 1792-6 of the Civil Code provides that the deadlines necessary for the execution of the repair work are set by mutual agreement between the project owner and the contractor concerned.

Case where the builder does not carry out the work on time

In the absence of such an agreement or in the event of non-performance within the set deadline, the work may, after formal notice remains unsuccessful, be carried out at the expense and risk of the defaulting contractor. It will still be necessary to refer the matter to the competent judicial court in order to have the non-performance noted and force the contractor to pay.

The execution of the recovery work can continue beyond the period of one year. However, the project owner is strongly advised to summon the contractor before the competent court within one year following the delivery date. Failing this, he loses his appeals based on GPA (guarantee of perfect completion).

When everything is going well and the contractor meets his obligations, acceptance of the work is noted by mutual agreement. Failing this, it will also be necessary to resort to the Court.

Registered letter template to activate the perfect completion guarantee

(Your first and last name)
(Your full address)
(Zip code and city)
(Phone number)
(E-mail address)

(Company/Entrepreneur Name)
(Full address)
(Zip code and city)

Date: (Insert date)

Subject: Activation of the guarantee of perfect completion – Reporting of observed problems

Registered letter with acknowledgment of receipt

Madam, Sir,

I hereby inform you of the problems observed in the work carried out by your company as part of the project (specify: construction/renovation/extension), received on (date of receipt of the work). In accordance with the provisions of article 1792-6 of the Civil Codethese disorders are covered by the guarantee of perfect completion, valid for one year from receipt.

Description of the disorders observed:

• (Describe each problem precisely: example, cracks in the walls, defects in the tiling, waterproofing problem, etc.)
• (Add photos as an appendix, if possible.)

These disorders were observed:

• (Specify the date and circumstances: for example, when using the facilities or during a visual inspection.)

I therefore ask you to carry out the necessary repairs as soon as possible. I also invite you to send me an intervention schedule within (specify a reasonable period, for example 15 days) from receipt of this letter.

In the absence of a response or intervention from you within this period, I will be obliged to take additional measures, in particular to resort to formal notice or legal proceedings.

I remain at your disposal to arrange an appointment to plan these repairs. You can contact me at (provide your telephone number) or by email at (provide your email address).

While awaiting a rapid response from you, please accept, Madam, Sir, the expression of my distinguished greetings.

Signature: (Your handwritten signature)

Attachments:

• Copy of the work acceptance report (if applicable).
• Photographs of the observed disorders.
• Any other relevant supporting documents.