Manufacturers' ten-year guarantee
Verified 25 June 2021 - Directorate for Legal and Administrative Information (Prime Minister)
Manufacturers are required to take out ten-year civil liability insurance. It guarantees the repair of the damage that appears after the receipt of the work.
Any builder of a new or existing structure (miscellaneous building, dwellings) is responsible for damage that can occur on the construction for 10 years. It shall be responsible to the developer and successive purchasers of the property.
The manufacturer shall be bound to the contracting authority by a contract for the hiring of works. It can be an entrepreneur, a developer, a developer, a builder, an architect, a technician, a design office, a consulting engineer, a craftsman, a self-contractor. An individual who builds for himself must also insure himself.
Foreigners manufacturers must justify that their guarantee covers ten-year liability under French law for contracts executed in France.
subcontractors are excluded from the scope of the ten-year guarantee because they have no direct link with the contracting authority. However, they shall be responsible for the obligations they have undertaken towards the manufacturer.
For his part, the contracting authority has an obligation to subscribe to a property damage insurance. It makes it possible to reimburse or carry out repairs covered by the ten-year guarantee without seeking the responsibilities of each of them.
The ten-year guarantee is mandatory as soon as the construction, extension and renovation work on the building structure. The insurance covers defects which were not detectable when the work was received. It is subscribed front the start of the work. It shall apply only to works which have been the subject of a construction site opening during the period of validity of the contract.
The manufacturer is responsible for disturbances affecting the solidity of the structure and render it uninhabitable or unsuitable for its intended use. He is responsible for the faults that compromise the strength of the inseparable equipment of the works viability, foundation, framework, fence and canopy. Only work declared in the manufacturer's insurance contract will be covered.
Manufacturers' ten-year insurance covers damage to:
- Foundation and framework works
- Sustainability works (networks, sanitation)
- Road (path)
- Work with foundations (veranda, terrace, buried swimming pool...)
- Inseparable equipment elements of the building (piping, ceiling, floor, central heating, door frames, built-in electrical installation...)
Before the construction site opens, the trader is required to provide you with a ten-year civil liability insurance certificate.
Ten-year liability: model insurance certificate (individual contract)
In case of sale of a house within 10 years of its construction, the indication of the existence or absence of compulsory insurance must be annexed to the contract of sale.
The ten-year guarantee covers damage which has occurred after the works have been received by the contracting authority for 10 years. The deadline shall start the day following the signature of the report of receipt of the works.
an action may not be brought more than 10 years after the work has been received.
Ten-year liability insurance shall not be affected by the insured person's bankruptcy. It may be mobilized by the contracting authority, who shall find the details of the insurer on the insurance certificate submitted by the manufacturer.
The name of the insurer may also be obtained from the liquidator's agent responsible for collective proceedings open against the manufacturer.
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- Departmental Agency for Housing Information (Adil)
- 0809 540 550 DGCCRF - ResponseConso
Having trouble following a purchase? Do you have a question about a point of law before buying or ordering?
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- Civil Code: Article 1792Manufacturer's liability for damage
- Civil Code: Article 1792-4-1Ten-Year Guarantee
- Civil Code: Article 1792-6Guarantee of perfect completion
- Insurance Code: Articles L241-1 and L241-2Ten-year liability insurance
- Insurance Code: Articles L242-1 and L242-2Insurance against damage to works
- Insurance Code: Articles R243-1 to R243-3Building works insurance
- Insurance Code: Article L243-2Certificate of insurance
- Insurance Code: Articles A243-1 to A243-5 and their AnnexesModel insurance certificate
- Law No. 96-603 of 5 July 1996: article 22-2Mention of compulsory professional insurance
- Ten-year liability: model insurance certificate (individual contract)
- Ten-year liability: model insurance certificate (collective agreement)
- Use the ten-year guarantee when the manufacturer no longer exists
- Insurance against damage to worksService-Public.fr
- Guarantees after receipt of workService-Public.fr
- Construction insuranceInfoservice Savings Bank Insurance