The stage of handing over the keys in 3 distinct periods

When you buy a new home, you feel simultaneously excited and nervous. Everything looks brand new, clean and ready for you, and there's so much to do to get settled in too. But, have you ever thought about handing over the keys?

Handing over the keys is the last step in the construction of a new home. At this point, the builder hands over the keys to the owner, marking the official transfer of ownership.

What are the key elements to know during this important step?

1. Make a DPE before handing over the keys

Mandatory ECD

Before handing over the keys, you must ensure that the DPE (energy performance diagnosis) has been carried out . It has recently become a legal obligation . It must be initiated by the builder, carried out by a real estate diagnostician approved by the Ministry of Ecological and Solidarity Transition, intended for the owner of the premises.

The cost of ECD

The cost of carrying out an energy performance diagnosis (EPD) depends on several factors, including the size of the project, its location and the complexity of the energy audit . In general, the cost of ECD varies from 100 to 400 euros. However, it may be higher for large dwellings or for buildings that require a more in-depth energy audit.

Punishments

• In France, we incur a fine of 3,750 euros and up to 18,750 euros in the event of a repeat offense if this DPE is not done before the keys to the residence you are selling or renting are handed over.
• Today, if we want to rent or sell real estate, we are surely prohibited from doing so if the ECD is not done.
• This can cause unforeseen events and difficulties for the sale or rental of your home, and can also affect your credit and reputation.

Discover our article: Understanding the difference between an energy audit and an energy diagnosis ?

Advantages

Doing an ECD has many advantages , such as: informing future occupants of the energy consumption of the home, saving energy , improving the quality of life of occupants and fighting against climate change.

2. What to bear in mind during the key handover appointment

Handing over the keys to a new construction is the final stage of the construction process, which marks the end of the work and the beginning of the occupation of the property.

In addition to the keys, the builder also gives the owner or lessor the documents necessary for occupation. of the house, such as the location plan , the ten-year guarantee certificate and the biennial guarantee file.

Once all the documents have been signed and the keys have been handed over, the owner or lessor can take possession of the property and start occupying the property.

It is important to prepare the handover of the keys well and to check that all the documents and the keys are well handed over before taking possession of the house. This will ensure that everything is in order and that she is ready to be occupied.

1. How is the handover of the keys?

Once the compliance check has been completed by the builder, he officially hands over the house to the owner or lessor during a previously defined appointment .

It will be signed a declaration of conformity when handing over the keys.

2. Checks to be made

It is important to check several elements when handing over the keys to a house , to ensure that everything is in order and that it complies with the plans and construction standards.

Here are some checks to make when handing over the keys:

• Construction conformity : before handing over the keys, the builder must ensure that the house complies with the plans and construction standards in force. This includes the structure of the building, the electrical and sanitary installations, the joinery and the floor and wall coverings.
• Proper functioning of equipment and installations: it is important to check that all equipment and installations are working properly, such as heating, hot water, ventilation, electricity and safety equipment.
• Absence of defects and poor workmanship : check that there are no faults or poor workmanship in the construction, such as cracks, water infiltration or joint problems .
• Compliance with safety standards : it is important to check that the house complies with the safety standards in force , in particular concerning electricity , gas and fire safety equipment .

It is recommended to check these elements before signing the declaration of conformity .

3. Issue and lift reservations

Make reservations

• Make a list of any problems or anomalies you noticed
• Inform the builder or developer immediately
• Write a complaint letter
• Ask for a reception date
• Keep a copy of all documents and correspondence relating to your complaint, this may be useful to you in the event of a dispute.
• It is important not to sign the key acceptance report until the reservations you have expressed have been taken into account and the repair work has not been carried out.
• If you have any doubts or questions, remember to ask the help of a professional.
• Obtain additional time for reservations by refusing to immediately sign the key acceptance report. You will have more time to identify problems and issue reservations.

Request a reserve period

You can, in addition to what is mentioned above, ask the builder or the developer to give you a deadline to have time to issue reservations if necessary .

Request a reception appointment

You can ask the builder or the promoter to go on site to carry out an inventory of the house and give you a list of tasks to be carried out.

It will also give you more time to issue reservations.

Come with a professional on D-Day

You have a period of 7 working days to make reservations on the sole condition that you are not accompanied by an architect or other professional on the day the keys are handed over.

Nothing prevents you from returning to the scene with an expert, a posteriori in this week of deadlines, to be helped on the reservations to be issued.

To raise the reserves

1. You can ask the builder or developer to give you a list of the work to be done:
This will let you know what has been planned to remedy the problems you have identified.

2. Ask for a reception appointment:

Ask the builder or the promoter to go on site to carry out an inventory of the house and check that the work has been carried out.

3. Check that the changes have been made correctly: 

Check that all problems have been fixed and that the house is in good condition. If you find that additional work is needed, let the builder or developer know.

4. Write a new acceptance report:

If you are satisfied with the state of the house, write a new report and sign it. This will indicate that you have lifted your reservations and that you accept the accommodation as it is.

Be careful not to sign the report unless the reservations expressed have been taken into account and the repair work has been carried out.

If you have any doubts or questions , you can ask   the help of a professional .

4. Consequences of acceptance with or without reservations

• Reception with reserve

If you express reservations, it means that you do not accept the state as it is and you would like corrections to be made. The builder or developer must then study your reservations and carry out the necessary work before you lift your reservations. If the repairs are not carried out, you can refuse to sign the acceptance report and request compensation. Don't forget that it's a right and you shouldn't be pressured!

• Acceptance without reservation

If you make no reservations , this means that you accept the condition of the accommodation as it is and that you renounce any subsequent claim. You will no longer be able to request repair work or compensation, except in the case of a hidden defect.

It is important to check the condition of the house before signing the report and to make the necessary reservations if you notice any problems.

5. Know when to pay the 5% for a build

Payment is made gradually at different stages of construction, defined by the Construction and Housing Code (CCH). The client must pay the builder

• 15% maximum of the total price agreed at the start of the construction site
• 25% when the foundations are completed
• 40% when wall construction is complete
• 60% of the agreed price may be requested upon waterproofing (roof completed),
• 75% upon completion of the partitions and the putting out of air (windows installed).
• 95% of the total amount of the Individual House Construction Contract (CCMI) must be paid upon completion of the equipment, plumbing, carpentry, heating and exterior cladding works.

The payment of the remaining 5% balance depends on an important element: the acceptance of the work and the handing over of the keys. According to the law, it is up to the contracting authority to pronounce the acceptance of the works.

Contrary to popular belief, it is not the builder who decides on this crucial legal step. It constitutes the starting point of the legal guarantees, even if it is often the builder who organizes it by summoning the client, respecting the minimum period normally provided for by the contract.

During acceptance, the client must inspect various elements. On D-Day, two choices are available to the client for the balance of 5%:

• No reservations have been made, the balance must be paid on the day of receipt .

• If reservations have been issued, the balance must be paid when the last has been lifted by the builder.

3. What to do in case of problems after handing over the keys

In the event of a construction problem and if these were observed after the keys have been handed over within 10 years , you are covered thanks to the damage-work insurance , which you have taken out as part of the construction.

Work damage insurance (DO) is insurance that covers damage caused to a building, whether itwhether new or under renovation, during its construction.

It is mandatory for any construction whose cost exceeds 150,000 euros , and is subscribed by the client (that is to say the person who has the work carried out).

DO insurance covers damage caused to elements of a building that compromise its solidity, stability or safety.

It manages the costs of demolition , clearing and reconstruction in the event of serious damage , but also travel and accommodation costs if it is impossible to live in the house.

The DO insurance is valid for 10 years from the acceptance of the work, and is renewable every 10 years .

It is valid even if the builder or promoter has disappeared or is bankrupt.

It's important to get DO insurance before you start any construction or renovation work, to protect your investment and ensure protection in the event of serious damage.

If you have any doubts or questions, you can seek professional help.