 |
3rd September 2010
|
 Legal advice when hiring an artisan in France At any one time, thousands of property owners across France are anxiously awaiting the arrival of a mason, plumber, carpenter, gardener or pool builder, to start the west wing, refit the shower, build the oak terrace, seed the lawn or dig the pool. If this includes you, please read on. Because later this year one or more of you will wind up considering legal action against your artisan. And this article – by providing some basic tips for how to legally protect yourself when undertaking building works - could potentially save you thousands of euros in legal fees and untold emotional stress. (Contractors will also find it worthwhile.) When choosing an artisan to do some work, this is what you should do: * Obtain good devis: At the root of many court cases is a failure in or lack of communication. The devis is the first step to a good, honest conversation with your builder. They should be detailed and specific: 'terracing around the pool', 'tiling the shower', is insufficient. Also, try hard to obtain at least two devis. * Deadlines: Always add deadlines to your devis: the start and completion date. If you have a personal deadline – say a summer rental – add that to the devis. This puts the artisan officially on notice of your time requirements. While few French builders will agree to penalty clauses (which in any event are difficult to enforce) these recorded time lines will be helpful if you ever go to court. Without them it may be difficult to prove that your pool was promised for June 2007 - not June 2008. Obtain a devis for every change of plan: I have yet to see a building project that didn’t change in the course of the works. Typically every project goes over budget, because the client decides to double the insulation or upgrade the tile to marble, or maybe, because the cost of steel beams doubled in six months due to demand in Shanghai. Too often these changes take place in a casual conversation on site without anything in writing. This can be a costly mistake. Set a target amount for your project - say €1,000 - and ask for and sign a devis for any deviation that goes above that level. It can be a simple sentence. Keep a project notebook, and record every change, write down the estimate and both of you sign and date it. (If you are contractor, this will also protect you.) Ask for proof of the contractor’s insurance: Always ensure the builder is properly registered and has proof of proper insurance. If the devis seems cheap it may mean the builder is not paying insurance fees. If your contractor does not have insurance you may find it difficult to obtain financial reparation if something goes wrong. Use experienced builders: It is difficult for an inexperienced contractor to know all the building codes and norms defined under French law. Even more so when a carpenter suddenly takes on a plumbing job. Always ask for recommendations. If you use an inexperienced, uninsured, unregistered builder, you might also seek spiritual guidance - because you have entered the legal equivalent of the Wild West. Pay the VAT: As lawyers we must instruct you to pay the VAT on renovations. But there are good reasons to do so (beside the fact it is the law). You are paying for a 10-year guarantee. Your artisans will pay more attention to their work. Advance payments and factures (or bills): In France it is customary to pay one third of the devis on account. After that any further payments usually require a facture for works completed. Nevertheless, foreign homeowners often pay too much in advance and/or pay bills without a facture, often on the basis of a phone call or an email. Sometimes homeowners share their bank account with the artisans. Please do not. When in France, be French. Ask for proper devis and receipts for materials, pay only on the receipt of itemized factures, and, in addition, if you are outside of France ask for photographs of the completed work. Keep a social distance from your contractors: There is a tendency among foreign homeowners to become too familiar with their artisans. It does not hurt to share an occasional beer or glass of pineau. But strive to maintain a professional relationship while the works are ongoing, or you will lose your ability to negotiate or correct mistakes. Postpone niceties until completion and then host a pendaison de la crémaillère (French house-warming party) - you’ll have friends for life. Subcontractors: Do not pay subcontractors directly, without following the same process: devis, insurance check, recommendation check, signature and facture. These steps will not guarantee a problem-free renovation – often because the artisans themselves use subcontractors. But they will offer you a heightened level of legal protection and, at the least, significant peace of mind. You will also be better prepared for any possible legal action and the negotiating power that comes with it. (As always, this article is not intended as legal advice to be acted upon as each case is unique.) By Anne-Marie Gordon of Anglo-French Lawyers Group, a dual-qualified (French and British) Avocat who specializes in French property purchase and litigation, Family law and inheritance across France. Email: am@anglofrenchlawyers.com  TVA Rules (VAT) on renovations / repairs A Year in Normandy Part 7: A Crafty Business Your Step-by-Step Guide to Hiring an Artisan Employing labour legally Renovation and Decoration Home Page 
Looking for a property in France? Use FrenchEntrée's Property Finders to help you find your property and to help you through the buying process  |
Roofing Specialist in Brittany
 Stephen Fishlock has over 35 years experience in the building and roofing trade, providing a full service from complete renovations to small repairs. No job is too big or too small.Swimming pools at affordable prices
 With 20 years of installing pools in France we offer you a reliable and proven service. Let us give you a free quotation for your pool project.
Vendee Pools provide peace of mind
 Swimming pool installation, security fencing, terraces and walls,landscaping, garden and pool maintenance, swimming pool supplies. Your complete one-stop solution is here. Energy Saving Pool Covers
 Covers4pools offer a wide range of energy saving swimming pool covers that are made to measure for your pool. We can also offer Covers that meet the strict AFNOR rules Learn More.
Latest French DIY and Decorating Forum Postings HELPFUL BOOKS Your Metric ConverterFrance is metric - which means working in grams, kilos, hectares and celcius |
  Choose Channel
 Search FrenchEntréeFrench Property Database Search
Over 12,000 properties for sale throughout France..... More search options Use a property finder |