Legal column
How to avoid potential pitfalls when employing artisans in France, by Sarah Bright
D
ealing with French artisans, or British for that matter as an ever- increasing number
of ‘foreign’ professionals have set up business in our lovely area of France, should be approached with caution. Before I receive a deluge of complaints, please bear in mind that I am a litigation lawyer and tend to only cross paths with unscrupulous or unqualifi ed tradespeople. Doubtlessly, there are numerous reliable, honest and hardworking artisans but, unfortunately, in my line of work we rarely meet. There is no golden rule
which will enable you to have a harmonious relationship with your artisan. My experience has shown me that there are, however, some guidelines to avoid the most obvious pitfalls.
CHOOSING AN ARTISAN Recommendations are your best bet, although not failsafe, because an artisan can do a perfect job for one client and botch it up for the next. The quality can vary with the size of the project: an artisan may be perfect to redo your kitchen but completely inadequate to renovate an old house. You need to be careful; just as you would not ask a dentist to perform brain surgery, a carpenter is not competent to do the plumbing. Ask for several estimates
(devis) and beware of those that are far cheaper than the others, especially in the current context. Between the Covid crisis and global infl ation, some raw materials have become scarce and construction costs have risen. Beware as well of the artisan
who is a little too insistent. Good workers often have their order books full for three to six months; you’d be better off waiting a couple of months
rather than being in too much of a hurry. Foolish though this may
sound, make sure they are a bona fi de artisan. An artisan must either be registered with the chambre des métiers (if they operate as a sole trader) or with the commercial court (tribunal de commerce) if they operate as a company. In both cases, the artisan will have a registration number. You are perfectly entitled to ask to see evidence of registration. Information on companies
can be consulted on the commercial courts’ offi cial website (infogreff
e.com) or on an unoffi cial site such as societe. com or
pappers.fr. I fi nd these very helpful. They provide general information about companies (address, share capital, name of directors) plus a summary of the company accounts for the past couple of years. They also indicate whether or not a company is in receivership. You can Google the artisan or
the company too – unsatisfi ed customers can be very vocal on the internet. You also need to make sure
that the artisan or company you are working with is actually registered to do the work. The builder who works on your roof may very well tell you that they can fi x your electrics but if they are not a certifi ed electrician, then not only do they not have the proper training but they will also not be insured either. Engaging people to work in
France who are not registered, is a penal off ence, which could, in extreme cases, result in criminal prosecution and/or a large fi ne.
PAYING ON THE BLACK Cash payments? In short, don’t! There is always something fi shy if the deal has to be done in cash.
82 FRENCH PROPERTY NEWS: May/June 2024
“Cash payments? In short, don’t! There is always something fi shy if the deal has to be done in cash”
Hiring students or inviting
friends/acquaintances from the UK to spend time helping you renovate the house for free board and lodging would also be considered a criminal off ence, as you would be employing people illegally, and not paying the statutory social security charges and VAT. ‘Dobbing in’ is not
uncommon in France. A vindictive neighbour or disgruntled fellow artisan may take it upon themselves to inform the local police/tax authorities that they have seen old Monsieur Dupont working up on your roof for the past six weeks even though he’s supposed to be retired. This will lead to you being interviewed by the local police and possibly criminal proceedings. Worse, if Monsieur Dupont
falls off your roof and is injured, you could end up paying an eyewatering sum of money to
him as he would not be covered by the French social security system while working ‘on the black’ for you. Employment legislation is
extremely strict in France and it is very diffi cult to get around it. My advice, therefore, is don’t try to. You should also always check your artisan has the correct insurance coverage. They should have: professional liability (responsabilité civile professionnelle) for any damage that is caused to third parties; 10-year guarantee (garantie décennale) for important construction work (e.g. roof/ walls); and two-year insurance (garantie biennale) for fi xtures and fi ttings (e.g. gutters). Ask to see their insurance
policy and make sure that they are covered for the work to be done. They may be covered for laying tiles on your roof, but not for redoing your bathroom, for instance. I think it’s only
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