Insurance against damage to works
Verified 22 October 2021 - Directorate for Legal and Administrative Information (Prime Minister)
Any person who has the work of constructing, extending or renovating the main structure (framework of the building) carried out by a company must take out insurance work damage (DO). It prefinances, without seeking liability, the repair work for damage covered by the manufacturers' ten-year guarantee. It then turns on the builders and their insurers.
When an individual or a company has construction work done, they have the obligation to take out a non-life insurance (OD). It must be subscribed before the construction site opens to insure the building constructed or rehabilitated.
They may be the owner, seller or agent of the owner of the work (trustee, manager of civil real estate business, property administrator, etc.).
If no insurer wants to insure the construction, the developer may refer the matter to the Central Pricing Office (BCT). The latter will fix the price of the DO guarantee with the insurer chosen by the contracting authority.
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failure to take out compulsory insurance is an offense punishable by six months' imprisonment and a fine of €75,000 at most or only one of these two sentences. These sanctions do not apply to an individual constructing a dwelling to occupy himself or a member of his family.
The damage insurance (OD) reimburses all the repair work of the damage covered by the ten-year guarantee builders.
It guarantees the faults which affect the solidity of the structure and render it uninhabitable or unsuitable for the use for which it is intended (major cracks, roof collapse, etc.).
It also covers defects which jeopardize the strength of the inseparable components of the structures viability, foundation, framework, fence and canopy. These are elements whose removal, disassembly or replacement cannot be carried out without damaging the construction, as for example for embedded pipes.
OD insurance guarantees apparent or not damage when receiving work.
In principle, it shall take effect at the end of the one-year guarantee of perfect completion.
However, it can cover repairs of damage that fall under the ten-year guarantee where they have been the subject of reservations on receipt of works. The developer enters the DO insurer during the year of perfect completion guarantee when it finds that the contractor does not carry out the repairs after having received a formal notice.
if a house is sold within 10 years of its construction, the notary must specify in the contract of sale whether or not the works are guaranteed by a non-life insurance. The insurance covers all the successive owners of the work.
In principle, work damage insurance starts at the end of the year of perfect completion, 1 year after the receipt of the work.
It expires at the same time as the manufacturers' ten-year civil liability guarantee10 years after receipt of the works.
As soon as you become aware of the claim, you must comply with the deadline set out in your contract. It cannot be less than 5 working days.
You send your return to your insurer by letter RAR: titleContent, by electronic RAR dispatch or against receipt.
You can use the following template:
when the work is sold, the purchaser becomes the beneficiary of the work damage guarantee. It is up to him to take the matter to the insurer in the event of a loss.
The insurer must implement the damage guarantee in accordance with various deadlines. They are counted in calendar days. When a deadline ends on a Saturday, Sunday or a holiday or non-working day, it is extended to 1er working day next.
These deadlines start on the day of receipt of your claim by the insurer.
Upon receipt of your claim, the insurer has 10 calendar days to claim the missing information.
Upon receipt of your complete claim, he has 60 calendar days to have the damage assessed, to send you the expert's report and you notify if the insurance covers your claim.
for damage estimated to be less than €1,800, expert intervention is not mandatory and the insurer has 15 calendar days to respond.
Claims processed out of time
If the insurer fails to comply with the 60-year time limit calendar days you can start the necessary work to process your return. You must inform them by registered letter or by registered electronic mail with notice of receipt. He can no longer dispute the nature of the disorders declared and he must compensate you.
You can use a template to notify your insurer:
The compensation due shall be increased by interest equal to twice the statutory interest rate.
Proposal for compensation
The insurer must submit an offer of compensation to you within a maximum period of 90 calendar days.
for claims estimated to be less than €1,800, it has 15 calendar days.
Refusal of compensation
Upon receipt of your complete claim, your insurer has 15 calendar days for you notify that he considers that the implementation of the guarantee is unjustified and that he will not compensate you.
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You accept the offer of compensation
Compensation must be paid within 15 years calendar days. If your insurer doesn't comply, you can notify that you incur the necessary expenses to repair the damage.
The compensation paid by the insurer shall then be increased by interest equal to twice the statutory interest rate.
the allowances shall be used only for the effective rehabilitation of the building or land on which it is located. The insurer may ask you to justify the amount of repair work you have done.
You feel the supply is insufficient
If you feel that the offer of compensation is insufficient and that repairs cannot wait, you can ask your insurer for an advance pending the resolution of the dispute.
This flat-rate advance, at least equal to 3/4 of the amount of the compensation proposed, is to be applied to the final amount of the compensation to be paid by the insurer.
It shall be paid in a single installment within a maximum period of 15 calendar days from the receipt of your mail, by the insurer.
You can start the necessary work after having informed the insurer by registered letter with notice of receipt, for example by using the following model:
You can charge the insurer interest equal to twice the statutory interest rate.
Who can help me?
Find who can answer your questions in your region
- Declare the claim to its insurer
- Inform your insurer of repairs made following a claim
- Request the application of the ten-year guarantee to your property and casualty insurance
- Manufacturers’ ten-year guaranteeService-Public.fr
- Construction insuranceInfoservice Savings Bank Insurance
- Detached house: construction insurance "damage-work" (PDF - 1.0 MB)National Institute of Consumer Affairs (INC)
- Collective building: construction insurance "damage-work" (PDF - 1.3 MB)National Institute of Consumer Affairs (INC)