- The ten-year guarantee, obligatory for the pros and craftsmen of the building
- What are the damages guaranteed by the decennial insurance?
- Functioning of the decennial liability
- How to choose your decennial insurance?
Known under several terms, the decennial insurance is also called decennial liability, decennial guarantee or even construction insurance. The majority of building professionals and craftsmen, whatever their specialties, must have this insurance tool. The document must be provided to the client prior to any site opening.
The decennial insurance for the pros and craftsmen of the building: what does it consist of?
This insurance covers work on buildings, buildings and civil engineering works. Also included are the items of equipment that are inseparable.
The ten-year guarantee, obligatory for the pros and craftsmen of the building
Any professional working in the shell of a work must cover the damage of which it would be responsible after reception of the works (as provided by the law of January 4, 1978 known as "law Spinetta" codified in article 1792 of the civil code). This insurance therefore concerns all "builders of the work": architects, contractors, construction technicians... whatever the legal form in which they operate.
The company has the legal obligation to take out a decennial insurance even before the beginning of the works and to justify such an adhesion near the owner. In case of breach, the professional exposes himself to penal sanctions (fine, even prison sentence).
What are the damages guaranteed by the decennial insurance?
Are concerned the damage that jeopardizes the solidity of the work or rendering it unsuitable for its purpose. As can be seen, this encompasses a broad category of damage, but it must be large enough to have a direct effect on the structure or functions of the building.
The professional will be famous responsible for poor workmanship unless he can establish that the damage results from a foreign cause: force majeure, made by a third party or fault of the owner.
Among the damages concerned one can meet for example the cracks of the walls, the subsidence of floors or frameworks, the important dysfunctions (electricity, heating, evacuation...).
Functioning of the decennial liability
When a client detects damage and considers, after the phase of receipt of the work, that they are likely to give right to decennial guarantee, it must announce it to the professional concerned. This procedure is done by registered letter stating that there is a decennial liability insurance (the certificate was given before work).
The professional concerned must then quickly contact his insurance to trigger an expertise to determine whether or not the damage is eligible for the ten-year guarantee, and of course estimate the related costs. An agreement can then be found with the insurance to carry out repair work. Otherwise, the litigation will have to continue in the context of a procedure via a civil court.
How to choose your decennial insurance?
Insurance proposals vary according to the nature of the risk covered and take into account the status of the professional, his experience and the volume of work done (turnover). The amount of insurance premiums depends on the chosen formula and especially the franchise level.
As with any insurance, there are online comparators will be useful to obtain quotes and make the right choice for the situation of each professional and craftsman of the building.