To assign a guarantee, the legislator first imposes a timeline, dividing the contractor's defect in two stages: BEFORE and AFTER the acceptance of the building. Concretely, the acceptance of the building will be the basic element to qualify the type of coverage the guarantee can offer.
The Regulation provides that the guarantee must cover, in the case of a job contract: the deposits paid and the completion of the work, provided that there is no unjustified enrichment of the beneficiary, as well as reimbursement of rehousing, moving or storage costs due to late delivery.
Similarly, for the sales contract, the guarantee covers the installments or the completion of the work. The buyer, even before acceptance of the building, will benefit from guarantee coverage for the installments paid if the contractor fails to fulfill his legal or contractual obligations. As for the completion of the work, there will also be coverage, only if you are the owner.
Once you have reported the contractor's defect, it will be up to the guarantee plan administrator to decide whether to reimburse the installments or complete the existing work.
The guarantee on deposits will be applicable especially if the contractor does not deliver the building within the stipulated time. You should also check whether other guarantees can be enforced.
For example, the fact that the buyer finds defects or poor workmanship before the acceptance of the building does not give him a reason to request the deposit and resolve the sale. However, the buyer can report the defects discovered to the contractor and request that they be corrected.
The term deposit is not limited to a sum of money or partial payment. It also includes the acquisition of materials, equipment or accessories useful for construction at the request of the contractor. Thus, you can be reimbursed for the purchase of blinds or curtains if these have been requested by the contractor.
End of works
The end of the work is the act of working on the final details.
The guarantee of a plan before the acceptance of the building covers the completion of the works, provided that the beneficiary is the holder of the title deeds and that there is no unjustified enrichment. In other words, you will have protection for completion only after an analysis; namely, if after the implementation of your guarantee, the entrepreneur suffers an impoverishment or an actual financial loss while you derive a benefit from it which you would normally not have the right to.
Relocation, moving or storage costs
The guarantee also covers the costs of relocation, moving, and storing the goods when the buyer meets the following situations:
Before accepting your home, pay special attention to apparent defects and poor workmanship and incomplete work. These must be reported at the time of acceptance of the building or, if you have not yet moved in, within three days of acceptance.
Once you have received the building and moved in, it will no longer be possible to report apparent defects and work requiring completion. If you notice faults after this time that you could have seen before, these will no longer be covered by the guarantee plan.