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Equipment elements and work concept: a necessary clarification

Published

10 April 2025

Written by

Daria Belovetskaya

Read time

2 minutes

The ruling of March 21, 2024 (Cass. 3e civ., no. 22-18.694) clarifies that items of equipment installed as replacements or additions on an existing structure are not considered as a structure, and are therefore not covered by either the ten-year warranty or the biennial warranty. Only contractual liability under ordinary law applies, with no obligation for builders to take out insurance.
   

 

The practical stakes

  • Qualification of work or not:  Les éléments intégrés dès la construction ou assimilés à un ouvrage neuf peuvent uniquement bénéficier des garanties décennales.
  • Distinction with contractual responsibility Equipment added without significant transformation of the work falls under common law.

The decision of May 30, 2024 (Court of Cassation, 3rd Civil Chamber, No. 22-20.711) confirms that the ten-year guarantee only covers damages caused to an existing structure if two cumulative conditions are met:

  1. The existing must be fully incorporated into the new work.
  2. The new and the old work must be technically inseparable.

This jurisprudence calls for heightened vigilance during renovation or extension work.

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