Starting from 1 April 2015, a new body has been created that is called upon to play a role in the construction industry, i.e. the Higher Board for Construction and Energy Effectiveness. The Board was instituted by decree No. 2015-328 of 23 March 2015 and is responsible for advising Government authorities as regards the definition, implementation and evaluation of public policies related to the construction sector and the adaptation of the construction rules to sustainable development targets.
The Board shall also be responsible for monitoring changes in the prices of construction and insulation equipment and materials. In addition, the Board shall have a consultative role in relation to bills and draft regulatory provisions amending the rules applicable to constructions. The Board’s works and opinions shall in particular cover the liability of the various parties concerned, construction insurance, and contractual relationships in the construction sector.
The first works and opinions issued by the Board are eagerly awaited, along with their repercussions on court decisions. In the meantime, many court decisions continue to be issued concerning the recurrent themes covered by this letter and in particular subcontracting. Also, it seemed to us that it would be useful to provide a reminder of the case law related to the heavy sanction applicable in case of any encroachment in the subsoil.
