The contract for the construction of a detached house is a contract with progressive execution. This means that the builder must ensure the conformity of his work for a period of ten years from receipt of the work. The ten-year guarantee is therefore a guarantee of the proper functioning of the work which must cover any problems affecting the solidity of the building or jeopardizing its use. It must be taken out before work begins and is mandatory for all construction professionals working in France.

What you need to know about the ten-year guarantee

There ten-year guarantee is insurance that covers damage caused by builders and construction companies. It is mandatory for all construction contracts signed from January 1, 1978. The ten-year guarantee is valid for 10 years from the date of delivery of the good or the end of the work. It covers damage which jeopardizes the solidity of the building or which renders it unfit for its intended purpose. The damage covered by the ten-year guarantee is: significant cracks, sagging of a floor, water infiltration, falling building elements, etc. The ten-year guarantee does not cover damage caused by wear and tear. normal condition of the building, damage caused by bad weather, damage caused by non-compliance with the rules of upkeep or maintenance of the building, etc. To assert your rights under the ten-year guarantee, you must declare the damage to the builder or building company which carried out the work within 3 months following the date on which you became aware of the damage. You can hire a lawyer or construction expert to help you prepare your insurance claim.

The conditions of the ten-year guarantee

The conditions of the ten-year guarantee are strict and it is important to understand them before taking out an insurance policy.

To be valid, the ten-year guarantee must be taken out before work begins. It must be subscribed to by the building professional and not by the client. The ten-year guarantee must be taken out with an insurance company approved by the public authorities.

The ten-year guarantee does not cover damage caused by poor workmanship or construction errors made by the building professional. It also does not cover damage caused by accidents or natural disasters. The ten-year guarantee can only be invoked if the damage jeopardizes the solidity of the work or leads to a reduction in its value.

The ten-year guarantee takes effect from the date of receipt of the work. It is valid for 10 years from this date. If the damage caused by the builders is not apparent immediately after receipt of the work, the warranty takes effect from the date on which it becomes visible.

If the damage caused by the builders jeopardizes the solidity of the work or leads to a reduction in its value, the customer can call on the ten-year guarantee to obtain repair of the disorder or loss. The building professional must then assume full responsibility for the damage and cover all repair costs. If the building professional refuses to repair the damage, the client can take legal action.

The procedures to follow to operate the ten-year guarantee

The ten-year guarantee makes it possible to repair damage which endangers the solidity of the work or which renders it unfit for its intended purpose.

To benefit from the latter, you must first call a building expert who will assess the damage and determine whether it is covered by the guarantee. If this is the case, you will then need to contact the manufacturer’s insurer to report the loss and request reimbursement of repair costs.

In certain cases, it is possible to use the ten-year guarantee without going through a building expert. This may be the case if the damage is obvious and endangers the solidity of the work or renders it unfit for its intended purpose. In this case, you will have to contact the manufacturer’s insurer directly to report the loss and request reimbursement of repair costs.

The ten-year guarantee deadlines

The deadlines for the ten-year guarantee are important to know because they determine the coverage of damage by the insurer.

In fact, the ten-year guarantee only applies if the damage has been noted within 10 years following delivery of the goods. Therefore, if you notice damage 11 years after delivery, you will not be able to claim the ten-year warranty. This means you will have to take care of the repairs yourself, which can add up to a significant amount of money. Furthermore, it is important to know that certain damages are not covered by the ten-year guarantee. This is particularly the case for damage caused by normal wear and tear of the building or damage caused by extreme weather conditions (storm, flood, etc.).

To make use of the ten-year guarantee, it is therefore necessary to act quickly in the event of detection of damage affecting the solidity of the building or causing danger for the occupants. You must first contact the manufacturer or craftsman to ask them to remedy the problem. If he refuses or does not respond, you can then take legal action. You then have 2 years from the date you became aware of the disorder to take legal action. If you win your case, the judge can order the builder or craftsman to repair the damage at his expense.

In all cases, it is important to keep all supporting documents relating to the construction site (invoices, quotes, etc.) and any problems observed. These supporting documents will be essential to activate the ten-year guarantee and obtain compensation.

Cases where the ten-year guarantee does not apply

The cases where the ten-year guarantee does not apply are detailed below.

• Damage caused by consumers: the ten-year guarantee does not apply to damage caused by consumers, because they are not covered by the insurance contract.
• Hidden defects: the ten-year guarantee does not apply to hidden defects, because they are not covered by the insurance contract.
• Indirect damage: the ten-year guarantee does not apply to indirect damage, because it is not covered by the insurance contract.

The ten-year guarantee is a legal system which allows consumers to benefit from protection in the event of damage affecting the works they purchase. However, there are certain conditions that must be met for this warranty to be applicable. Indeed, the disorder must have appeared within ten years of receipt of the work and must endanger the solidity of the work or make it unfit for its intended purpose. If these conditions are met, the consumer can then request repair of the disorder at the expense of the company which carried out the work.