Insurance against damage to works

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.

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.

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:

Declare the claim to its insurer

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 1^er working day next.

These deadlines start on the day of receipt of your claim by the insurer.

Folder Instruction

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.

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:

Inform your insurer of repairs made following a claim

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.

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.