In order to work in complete serenity, any craftsman or company specializing in renovation work must take out a ten-year insurance policy. This insurance must be taken out before the start of the work in order to avoid heavy penalties. What kind of renovation work is covered by this insurance? So, without further ado, let’s dive into this blog and learn some of the things you ought to know about ten-year insurance in France.
Definition of the decennial insurance
The decennial insurance is a guarantee that allows to cover certain damages that can occur during the operation of a house. It is valid for 10 years. This insurance is a protection that is also valid for old renovated buildings as well as new constructions. In fact, whenever the work to be carried out involves a real modification of the structure of the building, the decennial insurance remains valid. Thus, any company specializing in renovation work must be able to guarantee this insurance to its client.
It should be noted that the decennial insurance depends on certain conditions. Firstly, the building must be newly constructed or undergoing renovation work. Secondly, the defects or damage must not be noticed by a “non-expert” at the time of delivery of the building site.
Sanitation works are covered by decennial insurance.
The Civil Code defines the various works covered by the decennial insurance in articles 1792 and 1792-2. In addition, certain insurance code articles (L. 241-1 and L. 243-1-1) apply. These works have largely evolved since the introduction of the Spinetta law of 1978. Moreover, jurisprudence has enlarged the list by integrating more works.
The decennial insurance concerns constructions involving the use of certain building techniques. Indeed, it covers the buildings raised on the ground, closed and covered, houses and apartment buildings, as well as all warehouses, workshops, various premises, and garages. It also covers the framework of buildings, foundations, and viability. Also, the decennial insurance covers road works and networks (electricity, water, gas, and other sanitation works).
Then, it concerns a fence wall, the veranda, an in-ground swimming pool, a funeral cellar, and a parking area. The decennial insurance also covers a terrace, a pergola, a greenhouse, a central heating system installation, and the pipes. In addition, it covers the frames (windows, shutters, and doors), a glass roof, a fixed partition, and a ceiling.
Finally, it should be noted that the decennial insurance also covers any other type of construction with a foundation, whether or not it is closed and covered, and any other piece of equipment that can not be dissociated from the work except by deteriorating or removing material from work.
The dissociable elements of equipment
The Civil Code was not specific about what equipment could be separated. Case law has clarified this by recalling the covered dissociable equipment elements. In practice, it should be noted that this depends on the case law. Indeed, the decennial insurance covers the dissociable elements of the work whose dysfunction renders the work unfit for its destination and its entirety.
However, it should be noted that depending on the extent of the damage and the particular situation, judges will decide whether or not to cover the decennial risk. If the damage only renders the dissociable element unfit for its purpose, it will not be covered by the decennial insurance. Moreover, the insurance code lists the contours of the decennial warranty relating to a renovation.
It specifies that it covers the pre-existing work before the start of the construction site, when it is totally incorporated into the new work and has become indivisible. If the work is integrated into the new work but cannot be removed without causing particular after-effects, the ten-year warranty does not apply. This will lead the client to turn to other guarantees.
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