Article info · Construction guarantees
Ten-year liability for a new-build apartment
Ten-year liability applied to a new-build apartment follows co-ownership logic: distinct actions depending on whether the defect concerns the common or the private areas.
1. Common areas
Roof, façade, structure, lift, foundations: ten-year liability applies for the owners’ association. The syndic acts on the mandate of the general meeting.
2. Private areas
Underfloor heating, bathroom waterproofing, private cracks: each co-owner acts individually. See also general ten-year liability.
3. Practical difficulties
Identifying the origin of the defect (common or private) is often disputed. An initial expert assessment settles the matter and avoids parallel proceedings.
Common questions
Who acts for the common areas?
The syndic, mandated by the general meeting of co-owners.
And for the private areas?
Each co-owner individually against the builder.