Hiring an Artisan in France

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At any one time, thousands of property owners throughout France are anxiously awaiting the arrival of a mason, plumber, carpenter, gardener or pool builder, to start the east wing, rectify the shower, build the terrace, lay the lawn or dig the pool.

Later this year one or more of you will end up considering legal action against your artisan.  This article – by providing some basic tips for how to legally protect yourself when undertaking building works – could possibly save you thousands of euros in legal fees and untold emotional stress. (Contractors will also find it valuable.)

When choosing an artisan to do some work, this is what you should do:

Get a good devis (far more of a “contract” than an “estimate”)

The root cause of many court cases is a failure in, or lack of, communication. The devis is the first step to a good, honest dialogue with your builder. They should be detailed and specific: ‘terracing around the pool’, ’tiling the shower’, is inadequate… also, try  to get at least two devis.

Deadlines

Always put deadlines on your devis – the start and the completion date. If you have a personal deadline, e.g. a summer rental, add that to the devis. This places the artisan officially on notice of your time requirements. Whilst not many French builders will agree to penalty clauses (which in any event are difficult to force), these recorded time lines will be helpful if you ever have to go to court. Without them it may not be easy to prove that your pool was promised for June 2007 – not June 2008.

Obtain a new devis for every change of plan

I have yet to see a building project that didn’t alter in the course of the works. Habitually every project goes over budget, because the client decides to increase the insulation or upgrade the tiles to marble, or maybe, because the price of steel beams doubled in six months due to demand in Taiwan.

Too often these changes occur in a casual conversation on site without anything in writing. This can be a expensive mistake. Establish a target amount for your project – say €2,000 – request and sign a devis for any deviation that goes above that level. It can be a simple sentence.

Keep a project memo book, and put down every change, record the estimate and both of you sign and date it. (If you are a contractor, this will also protect you.)

Request proof of the contractor’s insurance

Always make sure the builder is properly registered and has proof of proper insurance. If the devis seems cheap it may indicate the builder is not paying insurance fees. If your contractor does not have insurance you may find it difficult to obtain financial rectification if something goes wrong.

Employ experienced builders

It is not easy for an inexperienced contractor to know all the construction codes and norms defined under French law. Even more so when a plumber suddenly takes on a carpenter’s job. Always look for recommendations. If you engage an inexperienced, uninsured, unregistered artisan, you might also look for spiritual guidance – because you have entered the legal equivalent of the “Wild West”.

Subcontractors

Do not pay subcontractors directly, without following the same process: devis, insurance check, recommendation check, signature and facture.

Pay the TVA (Value Added Tax)

As lawyers we must advocate you to pay the TVA on renovations. But there are perfect reasons to do so (apart from the fact that it is the law). You are paying for a 10-year guarantee and your artisans will pay more attention to their work.

Advance payments and bills (facture)

In France it is normal to pay one third of the devis on account. After that, any further payments generally require a facture for work completed.

However, foreign homeowners often pay too much in advance and/or pay bills without a facture, oftentimes on the basis of a phone call or an email. Occasionally homeowners share their bank account details with the artisans. Please do not.

When in France, be French. Ask for specific devis and receipts for supplies, pay only on the receipt of an itemized facture, and if you are away from France, request photographs of the completed work.

Maintain a social distance from your contractors

There is a tendancy amongst foreign homeowners to become too familiar with their artisans. It does not hurt to share an occasional beer or glass of wine. But maintain a professional relationship while the works are ongoing, or you will lose your efficacy to negotiate or have mistakes corrected. Stave off niceties until completion and then host a pendaison de la crémaillère (French house-warming) – you’ll have friends for life.

These steps will not guarantee a problem-free renovation (often because the artisans themselves employ subcontractors), but they will offer you an increased level of legal protection and significant peace of mind.

You will also be better prepared for any potential legal action and the negotiating strength that comes with it.

(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