Guarantee limits

The legal construction mortgage is also excluded from the guarantee plan that is in favor of the people who participated in the construction of the building.

The architect, engineer, material supplier, worker, contractor or sub-contractor may register a notice of legal hypothec for the sums due to them and unpaid by the main contractor for the services he rendered.

It is an unfortunate situation, insofar as you could have provided a deposit on the price before the end of the works or, worse still, you passed title to the notary and a legal mortgage is published within the 30 days following the end of the work.

In addition, the notary will not necessarily know if your residence is burdened with a legal construction mortgage. This mortgage exists without it being necessary to publish it and remains for 30 days after the end of the work.

To avoid such a problem, when you have given a deposit on the price, you will have to ask the contractor for a statement of account so that you can follow up on the amounts paid and payable.

You are also encouraged to obtain proof of all receipts from all those who participated in the construction from the main contractor before entering title with the notary.