Your construction and renovation work is guaranteed for 10 years under the ten-year civil liability insurance, most often called "ten-year guarantee", of the company or craftsman who carried them out. This warranty covers a particular type of damage related to poorly done work and requires very specific steps to activate it.
The ten-year guarantee, more precisely the ten-year civil liability insurance, is intended to repair damage observed following the construction of a new building or a renovation.
Any contractor, property developer, developer, project manager, architect, technician, design office or even consulting engineer engaged in the construction or renovation of a building is subject to a ten-year liability regime. In the event of damage, he thus engages his liability for 10 years vis-à-vis the owner of the building concerned, but also with regard to successive purchasers in the event of resale. It should be noted that the subcontractors of the prime contractors are not concerned by the ten-year guarantee taken out by the latter.
As its name suggests, the ten-year guarantee runs for a period of 10 years from the official handover of the site, called "acceptance of the works".
To be valid, the ten-year guarantee must have been subscribed by the professional who carries out the work before the start of the latter. He must give his client proof of his ten-year guarantee. The latter must also be mentioned on its quotes and invoices.
The ten-year guarantee concerns construction or renovation defects or damage which affect the solidity of the structure, but also of its equipment, or which render the building uninhabitable or unfit for use due, for example, to cracks in the walls or serious leaks.
This guarantee concerns so-called "major work" work which relates to the framework, walls, roof, etc., but also equipment, such as a heat pump for example, which, due to their malfunction, does not allow the normal use of a dwelling or other building.
If you notice damage which compromises the solidity of your home or which renders it unusable during the 10 years following the acceptance of the work, you benefit from the ten-year guarantee which imposes on the company at the origin of these defects and defects to repair such damage at its expense.
The first step to take, and quickly after finding the damage, is to send a registered letter with acknowledgment of receipt to the company concerned in order to put it on notice to proceed with the repairs as soon as possible. This letter must mention specific elements such as the date and nature of the work, the type of problems observed and indicate that the damage is covered by the ten-year guarantee. Do not hesitate to accompany it with copies of the invoices concerning them, and even photographs.
At the same time, always by registered letter with acknowledgment of receipt, you must inform your insurer under your construction damage-work insurance, insurance whose purpose is to intervene in pre-financing of the ten-year damage suffered. In fact, if, for example, the company that carried out the work with the defects no longer exists, it is this construction damage-work insurance that will be activated:your insurer will take charge of your compensation before turning to the insurer of the disappeared company, to be reimbursed. This insurance also gives you the choice of being compensated by it for the total amount of the damage, or up to 75% of the sum, pending the settlement of the conflict. It takes at least 3 to 4 months for the ten-year guarantee to take effect.
In the event that the company does not intervene within the 10-year period covered by the ten-year guarantee, you have the possibility of seizing the court. Depending on the amount of the damage, you will go either to the district court (dispute less than or equal to 10,000 euros), or to the high court (amount greater than 10,000 euros).
