He criticized his neighbor for his air conditioner being too loud

Le propriétaire avait réceptionné les travaux sans formuler de réserves, c’est-à-dire qu’il les avait acceptés.

At the end of the work, their acceptance without reservation makes the owner responsible for any disturbances in the neighborhood that they may create. This is the case, ruled the Court of Cassation in the decision of 29 June 2022 (Cass. Civ 3, 29.6.2022, W 21-17.997), when someone complains about the noise of new equipment, the defect becomes apparent to its owner, who can no longer pretend not to know about it. Therefore, it is the owner’s sole responsibility to fix the problem.

A resident went to court to complain about noise from his neighbor’s new air conditioning system. The latter then appealed to the installer and the project manager, citing their ten-year liability, to take over the necessary work, but both refused, and the courts ruled in their favor.

An obvious defect

After the neighbor’s first protest, she explained, the owner accepted the job without reservations, that is, accepted. The neighbor’s protest made the defect obvious, and, accepted without reservation on receipt, the defect was no longer subject to appeal.

The judges noticed that the neighbor had already complained, hoping more for an examination. The owner was informed, so the defect was obvious to him. This defect had to be “reserved” to be the responsibility of the installer or project manager.

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