The bailiff's report before work

constat avant travaux

When to carry out a pre-works report?

When a project owner carries out work in the vicinity of a property belonging to a third party, it is necessary, even before the start of the work, to have a bailiff draw up a report on the state of the neighbouring works, a report before the work is carried out. It is a question of taking care of the proof of the state of the works before work in such a way:
to simplify the management of possible damage by avoiding any discussion on the initial state of the works,
to avoid having the work be credited with damage that would predate it.

How do I make an appointment?

It is advisable not to confuse the statement of facts before works, carried out by a bailiff, with the preventive summary report which is, itself, judicially ordered and which requests a procedure for the appointment of an expert before the Tribunal de Grande Instance.
On the contrary, requesting a bailiff's report before works is extremely easy and quick. For example, in the Paris region, it is sufficient, for example, to make an online request on the statement of offence reservation platform: http://www.mes-constats.com.
This platform also offers a service for drawing up quotes and archiving the findings, allowing you to download them very quickly and easily for ten years.

What does the pre-works report bring? 

The statement of facts drawn up by the bailiff makes it possible to establish with certainty the state of the property adjacent to the building site, the state of the roads, etc. Indeed, the order of 2 November 1945 specifies that the statements of facts drawn up by a bailiff are authentic until proven otherwise. This is tantamount to giving a reinforced probative force to the bailiff's statements of facts, since, by default, the bailiff's statements of facts are presumed to be a perfect reflection of reality.

When drawing up such a report, it is advisable to check, in the case of co-ownership, not only the state of the common areas, but also the interior state of the buildings, in order to verify the good condition of the walls, ceilings and windows, of the restoration but also to make an inventory of the damages (cracks, structural defects, traces of water damage, defective windows/doors) of the adjoining properties, and of the common areas that will be used by the workers (entrance hall, stairwell, lift, facade...).
Thus, it can be seen that the intervention of the judicial officer within the framework of a report before work makes it possible to reconcile all the interests involved, all of which have an interest in the report being drawn up. Thus it can be established at the request of the project owner but also at the request of the neighbours of the building site to come.

We draw up a Minutes, a written document relating our findings, accompanied by numerous photographs.
In addition, we may also make videos of our findings when circumstances require it. In this case, the video file with our electronic signature is given to you on a USB key.

Do not hesitate to make an appointment directly online or by phone at 01 41 37 65 30