Ten-year insurance is compulsory when construction, extension and renovation work is carried out. Its purpose: to protect the insured against damage or claims caused.
What is the ten-year insurance?
Since the creation of the Spinetta law in 1978, all professionals in the construction sector have been required to subscribe to a ten-year civil liability contract. At the start of any construction site, it must prove that it has taken out an insurance contract covering it for this liability. Any candidate for a construction renovation contract must be able to prove that he has taken out an insurance contract covering him for this liability. (excerpt from Article L241-1)
The ten-year insurance covers repairs for damage and poor workmanship occurring after delivery of the work. Similarly, it allows the customer to be compensated, without waiting for a court decision. Its validity takes effect from the signing of the contradictory act, and this over a period of 10 years.
What are the professions concerned by the ten-year insurance?
The ten-year professional insurance covers all French and foreign companies involved in construction or renovation, for example. This may be architects, carpenters, masons, roofers, painters, plumbers, tilers, builders, or companies specializing in waterproofing.
What does it support?
The ten-year insurance covers all damage and defects in the construction of structural works, in other words everything that can compromise the solidity and stability of the building as well as the safety of the inhabitants.
Thus, according to the law any builder of a structure is automatically liable, towards the owner or the purchaser of the structure, for damage, even resulting from a defect in the ground, which compromises the solidity of the structure or which, affecting it in one of its constituent elements or one of its items of equipment, render it unfit for its intended purpose.
The warranty therefore covers material damage such as a lack of tightness, a lack of sound insulation, cracks, subsidence of the ground, a problem with the sewerage network, etc. When to open a ten-year professional insurance contract?
Subscription is made with an insurer at the time of registration of the company or 15 days at the latest before the start of construction work. Any builder who does not comply with the obligation incurs heavy criminal penalties. Therefore, the law provides for a fine of 75,000 euros and a prison term of up to 6 months. Compensation for damage caused will also be borne by the company.