In France, the "garantie décennale" (commonly known as the "Décennale") is a mandatory 10-year insurance policy that protects property owners from major construction defects. Whether you're building a new home, purchasing recently completed property, or commissioning renovations, understanding this legal warranty is essential to safeguarding your investment.
What Does the Décennale Cover?
The Décennale guarantees the structural integrity and essential functionality of the building for a period of 10 years from the date of completion ('réception des travaux'). It covers defects that affect the building’s strength, stability, or habitability, including:
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Foundation and structural cracks
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Roofing or waterproofing issues
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Collapsed walls or floors
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Major plumbing or drainage failures
Any damage that renders the building unfit for its intended use—or compromises its safety—falls under the Décennale. This warranty applies whether you're working with a builder, architect, plumber, or any other construction professional.
Who Must Carry Décennale Insurance?
Under French law, all construction professionals ('professionnels du bâtiment') are required to carry "Décennale insurance" ('assurance décennale') before starting work on a structural project. This includes contractors, subcontractors, architects, and developers.
As a property owner, it's your legal right—and responsibility—to verify that all parties involved in your project have valid Décennale insurance in place. Failing to do so could leave you exposed to serious financial risk if something goes wrong.
How to Make a Claim
If a defect arises within 10 years of the project’s completion, the property owner can file a claim directly with the builder’s insurer. The process may require an expert evaluation ('expertise' in French) to confirm the severity and cause of the defect. Timely action is important: once a problem is discovered, the owner must issue formal notice ('mise en demeure') to the responsible party and their insurer.
A construction lawyer can assist you in navigating the process, ensuring your claim is properly filed and that all evidence is gathered to support your case.
Protecting Your Property with Legal Support
Understanding the Décennale and how it applies to your property is crucial, especially if you're managing a build remotely or working with international teams. An English-speaking lawyer experienced in French construction law can help you verify insurance, resolve disputes, and protect your rights under the warranty.
Contact the offices of Nathalie Harrop now with any questions and to setup a consultation.
Call: +33 686 132214, or email us through the contact form.