who are responsible for construction defects?

Some problems generally relating to the finish appeared following the last rains. However, the problems are not exclusively related to inclement weather. Responsibilities are shared for construction defects.

According to Eco Life, the sales contract directly binds the promoter to the purchaser, while the responsibility of the former is engaged, according to the DOC and the law on consumer protection. This law gives a warranty period of 2 years during which the inhabitant has the right to invoke the responsibility of the developer for any defect observed in the construction.

Responsibility for the strength and structure of the building is limited: for construction, the design office is responsible for feasibility studies, study of the building structure, monitoring and quality control of construction work, explains the same source. As for the architect, he is responsible for the architectural design of the building, the monitoring of the works and the verification of their compliance with the laws in force and other regulatory documents.

Regarding the damage caused by bad weather and presenting no hidden defect or construction defect, “it will first be necessary to establish the fact by a bailiff and then call an expert to prove that the damage is caused. by the natural factor and not by other causes such as lack of maintenance or the implementation of any modifications, ”explains a lawyer.

What about the responsibility of those involved in the other stages of construction? “This is still customary since, apart from the solidity of the frame which is incumbent on architects in particular, the responsibility of those involved in the other stages of construction in the broad sense is not defined. To engage the responsibility of each stakeholder in the act of building, it will therefore be necessary to define a responsibility matrix for each layer of construction, from the foundations to the handing over of the keys ”, specifies a promoter.

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