A beautiful real estate purchase project can quickly turn into a nightmare. This misadventure arrived at a couple who had bought in September 2015 an apartment for sale in the future state of completion (Vefa), according to a decision of July 8, 2025 of the Paris court, analyzed by Christophe Sanson, lawyer at the Hauts-de-Seine Bar. Just over a year later, in December 2016, the promoter delivers the building. The couple barely took possession of his property in January 2017, he complained, with the promoter and condominium trusteeof noise pollution very important and recurrent. And for good reason! Located on the ground floor, their apartment is above the technical and ventilation of the residence under the home…
The couple then assigns the promoter and the trustee in summary proceedings to the Paris court, asking for the realization of a legal expertisethey get. Water noises, mounted in machine pressure, ventilation … The expert concludes in noise pollution “Convenient”up to four times higher than the regulatory levels, “24h/24 and 7 days a week” And just below the only room, a place of rest by definition.
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An accommodation unfit for its destination
In the process, the couple again assigns the promoter and the co -ownership trustee in justice, in order to obtain the realization of a study of the work to be carried out to remedy this situation, the realization of this work, then of a study intended to verify that the noise pollution is fell to a tolerable level. The couple also requests to be compensated for their damage to enjoyment of the apartment and its moral damage.
“In view of their magnitude, the noise pollution makes the work (the apartment) unfit for its destination»»believes the judge. However, according to article 1792 of the Civil Code, “Any manufacturer of a work is automatically responsible, towards the purchaser of the structure, damage which compromises its solidity of the structure or which, affecting it in one of its constituent elements or one of its equipment elements, make it unfit for its destination”. Concretely, in 10 years old Depending on the delivery of a new building, buyers victims of serious poor workmanship may require the promoter to repair or compensate them.
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54 201 euros in compensation for the damage to enjoyment
In the case of our couple, the responsibility of the promoter was engaged under this decennial warranty. That of the trustee was initiated as “Its quality as a guardian of the common areas”explains Master Sanson. The trustee and the promoter were sentenced by the judge to carry out the completion of the studies and works requested, in very precise deadlinesbetween 30 and 120 days for the different stages.
The court also ordered them to pay 54 201 euros to the couple in order to compensate him for the damage to enjoy their accommodation, and 6,000 euros in compensation for its moral damage. A total of just over 60,000 euros. History does not say if the latest study has confirmed the return of nuisances to an acceptable level …
