Even if they are new, houses are not immune to possible damage caused by poor workmanship. In this kind of context, the manufacturer's liability is involved. In accordance with the law and within the framework of the ten-year guarantee, compensation must be paid to the owner by way of compensation for claims.
During the renovation or construction of a house, the builders are held liable for any construction defects or damage appearing on the property, in accordance with what is stipulated in article 1792 of the Civil Code. To protect project owners, the law therefore requires them to take out professional liability insurance commonly called a ten-year guarantee which is valid for ten years. This insurance covers all repairs to be carried out on the building that has become unfit for use or uninhabitable because of these construction defects. On the other hand, it will not be possible to take advantage of this ten-year guarantee if it has been proven that the liability of the professional is not in question. See this site specializing in ten-year insurance for more information on this subject.
Important point: this civil liability insurance is to be distinguished from property damage insurance. If the first must be subscribed by a professional, the second is aimed at individuals – project owners. This is insurance covering claims on the house (lack of conformity, poor workmanship, etc.) which is complementary to the ten-year guarantee. Thus, while waiting for the court decision which decides on the responsibilities of each, it is possible to trigger the damage-works insurance to be reimbursed on the damage insured by the ten-year.
Subscription to a ten-year guarantee is mandatory and concerns all professional construction players involved in the renovation or construction of an apartment or a new or existing single-family house. These specialists thus include contractors, architects, developers, design offices and other technicians bound by contract to the client. Please note, it is important that the project owner requests the ten-year guarantee certificate from the project manager, and this, before the start of the construction site.
The ten-year guarantee applies to damage that affects the solidity of the work and renders the house unfit for use. These claims may result from a defect in the floor or a lack of conformity. The insurance only covers major works, i.e. those related to the roof, the frame or the walls. Clearly, a client can claim repairs in the event of a leak, landslide or even large cracks causing infiltration. In the event that the owner loses rent because his house is uninhabitable and cannot be rented out, he can also refer to the ten-year period. However, cosmetic damage is excluded from this warranty. Ditto for equipment that can be dissociated from the building, which comes under the two-year guarantee. Small structures such as windows or doors are not affected as well.
