The Content Of The Article:

For a new construction or structural work, the company must take out decennial liability insurance, guaranteeing rapid compensation in case of serious disorders.

New construction or structural work: ten-year guarantee

The complex system of construction insurance

Construction insurance includes obligations for both the builder and the individual:

  • The company must take out insurance of ten-year responsibility covering serious disorders. Warning! For any site opening occurring since 1st July 2016, quotes and invoices from companies must be accompanied by a insurance certificate justifying the subscription of the decennial liability guarantee. This document must indicate: the identity of the insured and the insurer, the references of the contract, its period of validity, and the scope of the guarantee (professional activities performed, geographical extent of operations covered, cost of operations and amount of the insured's market...).
  • And you, you have the obligation to take out an insurance contract. It allows you to obtain quickly from your insurer the compensation necessary to repair a defect which appears in the first 10 years. The latter then turns against the insurer of the professional responsible to recover the compensation paid.

Who are the beneficiaries of the ten-year guarantee?

  • The owner that is to say you when you have a house built or do some structural work. For example an elevation of your roof, an enlargement of your house...
  • Thebuyer of your homeif the sale occurs within 10 years after the completion of the work, also benefits. The ten-year guarantee is, in fact, attached to the house and passed on to the successive owners.
  • Thetrade union association a subdivision responsible for the management and conservation of public facilities.
  • The joint property when disorders are found in the common parts of a building.

What are the damages covered by the decennial liability insurance?

Ten-year liability covers three types of damage:

  • the poor workmanship compromising the strength of the house they must have a certain gravity. Examples: significant cracks on the facade, slump of the floors;
  • the poor workmanship rendering good unsuitable for its destinationthey prevent the house from being habitable in part or in full. Example: defective sewage system, water infiltration;
  • the poor workmanship affecting "the strength of the equipment elements that form part of the viability, foundation, framing, fencing and roofing structures": such as the breakage of ducting embedded in a floor.
  • As a general rule, all the defects and poor workmanship implicating the solidity, tightness and safety of the building.

What are the malfunctions excluded from the decennial liability insurance?

  • The aesthetic disorders like the microcracks in the walls.
  • Damage caused by a lack of maintenance or one wrong use of the House. Also, treat regularly the external works, in wood (window, awnings,...). Clean channels and gutters that are often clogged with leaves. Finally, avoid caulking the ventilation devices.

How to declare a claim?

  • If you notice damage within one year of receiving the job, play the job guarantee of perfect completion. Contact the company or craftsman directly to obtain the necessary repairs.
  • For material damage beyond the first year, make a statement to your insurer damage-work to obtain quick compensation.
  • If there is no damage to the work, go directly to the professional responsible for the work. If your approach does not succeed, contact the insurer of the company. His contact details are on the quote and invoice. The deadlines for settling your file will be long because it will be necessary for the insurer to find the persons responsible for the damage before paying the indemnity.

Calculation of the 10-year period of the ten-year guarantee

The ten-year guarantee starts from the receipt of the works. That day, the contractor or builder delivers what he has achieved and you accept it with or without reservation. Indeed, on the report of reception, you indicate all that was not realized in the rules of the art and all which does not conform to what was envisaged in the specifications.
When making a list of reservations, be careful and report any visible faults. If you do not do it, they will be considered accepted by you.

Is the insulation of the attic covered by the ten-year guarantee?

Do we have to re-insulate the attics after five years? Is not it covered by the ten-year guarantee?
Christian Pessey's answer:
No, the insulation is not covered by the ten-year guarantee. It is not abnormal to redo a five year old insulation if it is to be compatible with the RT 2012 (unless the house is BBC).


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