New houses benefit from different warranties which engage the liability of builders. These warranties are defined in Article 1792 of the Mauritian Civil Code and are applicable in the event of failure from the builder or defects related to the construction.
They can be effective at different stages:
– Upon …. (an act during which the contracting authority accepts the contract, with or without reservations, with the companies)
– Upon the handing over of the keys (an act by which the purchaser takes possession of his property with or without reservations).
Details of the various builders’ warranties that you automatically benefit from:
Financial Warranty of Completion of Construction
The Financial Warranty of Completion of Construction guarantees that the real estate project in which you invest will be completed in the event of the bankruptcy of the developer or the builder. It is granted by the banking partner of the real estate program and cannot be acquired until 50 to 60% of the program has been reserved. It is important to note that this warranty is mandatory and must be provided by the developer when signing the deed of sale of your property. Without this warranty, the deed of sale cannot be signed.
Warranty of apparent defects
This warranty covers all the defects which have been the object of reservations at the time of the drafting of the report on the handing over of keys, as well as those denounced within one month of the handing over. Article 1642-1 and 1648 paragraph 2 of the Mauritian Civil Code (link to these articles)
A two-year warranty or warranty of proper functioning
The two-year warranty or warranty of proper functioning covers all the damages affecting a piece of equipment separable from the work (ex: Air Conditioning, Fan…). It is valid for 2 years and takes effect as from the reception of the work. Article 1646-1 of the Mauritian Civil Code (link to the article)
The ten-year warranty
The seller is held responsible for hidden defects for ten years from receipt of the work. Architects, contractors and other persons associated with the contracting authority (under a contract of lease) are themselves also under the same obligation (in accordance with Article 1792). This warranty applies to all elements of structure, viability, foundation, framework, enclosure and cover, and to any item of equipment that is inseparably part of one of the aforementioned elements (e.g. screed); and as soon as the damage affects the solidity of the work or renders it unfit for its intended purpose.
Summary of warranties :
Types of warranties
Expires one month after the handover of keys to the purchaser
Delivery by contractors
Delivery by contractors