by Gerald Humphreys
The assurance décennale taken out by the builder/contractor covers their liability in the event of defects arising during the ten year guarantee period.
The insurance is obligatory and there are severe penalties for a builder (or architect) who does not carry appropriate insurance.
Before signing a contact with your builder/architect you should check:
- That the builder’s insurance certificate is up to date. If not the insurance company may be unwilling to pay out in the event of a claim.
- The activities that are declared by a builder to his insurer as these are the only ones covered by the ten-year building warranty.
This declaration is called a modèle d’attestation d’assurance de responsabilité décennale and must be attached to estimates and invoices provided to the client. The main information requirements are:
- Identification of the insurer
- The policy number
- Period of validity
- Scope of the guarantee
- The geographic area
- The date of commencement of works
- The value of the works
The requirement also has implications for property buyers and sellers, for the declaration must also be annexed to the deed of sale of a property with an unexpired ten-year guarantee.
Since 2016, building professionals (including artisans) are required to produce a declaration of their insurance cover to their clients, with a few minimum information requirements.