CCMI: contract terms, payments and delivery guarantee

When the CCMI is compulsory

Article L231-1 of the Code de la construction et de l’habitation (CCH, version in force since 1 July 2021) covers anyone who undertakes to build a building for residential use, or for mixed professional and residential use, “comprising no more than two dwellings intended for the same client, to a plan that they have proposed or had proposed”. That person is then “deemed to be the builder of the works”.

There are two variants (service-public.gouv.fr, sheet F34554, checked on 10 July 2026):

• the CCMI with supply of plans, the most common, governed by articles L231-1 to L231-13 and R231-1 to R231-14 of the CCH;
• the CCMI without supply of plans, where you bring your own plans, governed by articles L232-1 and L232-2 and R232-1 to R232-7.

The mandatory terms of the contract

Article L231-2 of the CCH lists what the contract must contain:

Service-public.gouv.fr specifies that the late-delivery penalties in the contract are “at least 1/3,000 of the price per day”. This is the floor in article R231-14: they “may not be set at an amount lower than 1/3,000 of the agreed price per day of delay”. For a house costing €240,000, that comes to at least €80 a day.

Prohibited clauses. Article L231-3 deems unwritten, among others, clauses that make handing over the keys conditional on payment in full, prohibit you from visiting the site, or release the builder from its deadlines other than for bad weather, force majeure and unforeseeable events.

Capped stage payments

Article R231-7 (version in force since 1 January 2020) sets cumulative caps:

Before work starts. The deposit “may not exceed 3% of the price of the planned construction” (art. L231-4); it is held in a special account in your name (service-public.gouv.fr). Article R231-8 provides another option: a payment of no more than 5% of the price on signing, then another of 5% at most when the building permit is issued.

The balance at handover. If you are assisted by a professional, the balance is paid when the snags are cleared or, if there are none, at the end of the handover. Without assistance, it is due within eight days of the keys being handed over, or when the snags are cleared. If there are réserves (snags recorded at handover), a sum “at most equal to 5% of the agreed price” is deposited with an escrow holder accepted by both parties or, failing that, appointed by the president of the tribunal judiciaire (civil court) (art. R231-7, II).

The delivery guarantee, the heart of the CCMI

The delivery guarantee is a “joint and several guarantee given by an approved credit institution, financing company or insurance company” (CCH, art. L231-6, version in force since 1 February 2020). It covers:

• the cost of price overruns needed to complete the works, with a possible excess “not exceeding 5% of the agreed price”;
• the consequences of the builder’s actions that have led to an early payment or a price supplement;
• the flat-rate penalties set in the contract where delivery is late by more than thirty days.

It runs from the start of works and ends at handover, or when the snags are cleared (service-public.gouv.fr, sheet F34253). If the builder defaults, you serve it formal notice by registered letter, then call on the guarantor. If the builder does not respond within 15 calendar days of the guarantor’s formal notice, the guarantor appoints whoever will finish the works.

There is also a garantie de remboursement (refund guarantee) for sums paid before work starts, evidence of which is one of the mandatory terms (art. L231-2, k).

Withdrawal and conditions precedent

You have 10 calendar days to withdraw by registered letter with acknowledgement of receipt sent to the builder. The period runs from the day after the letter notifying you of the contract is first presented (service-public.gouv.fr; CCH, art. L271-1 to L271-3).

The contract may be signed subject to conditions suspensives (conditions precedent): purchase of the plot, building permit, loans, building defects insurance, delivery guarantee (art. L231-4). It must state the maximum period for these conditions to be met and the resulting start date of works.

If you keep part of the works for yourself, you have 4 months from signing to change your mind (service-public.gouv.fr).

Which professional to consult

Before signing, the géomètre-expert (chartered surveyor) checks the description and boundaries of the plot, the first term of the contract. The courtier en crédit (mortgage broker) aligns loan drawdowns with the schedule in article R231-7 and with the condition precedent on obtaining loans. The notaire (notary) can coordinate the purchase of the plot with the condition precedent on its acquisition set out in the contract.