Filing a Dommage Ouvrage claim: the step-by-step guide to fast compensation

A worrying crack, worsening water seepage, a failure in the waterproofing: when a defect appears within the 10 years following the completion of your project, the speed and accuracy of your claim filing will largely determine how quickly you are compensated.

Step 1: determine whether the defect falls under Dommage Ouvrage

Before filing anything, check that the defect falls within the scope of the cover. Dommage Ouvrage only covers defects that fall under the ten-year (décennale) liability, meaning those that:

• compromise the structural soundness of the works (structural cracks, subsidence, faulty foundations, defective roof framing);
• render the property unfit for its intended purpose (seepage making it uninhabitable, major waterproofing failure, failure of underfloor heating built into the structure);
• affect the soundness of equipment that cannot be separated from the structure.

Dommage Ouvrage does not cover:

• purely cosmetic defects (paintwork, non-progressive hairline cracks);
• defects resulting from a lack of maintenance;
• removable equipment (shutters, taps, appliances) — which fall under the two-year proper-functioning guarantee (garantie de bon fonctionnement / garantie biennale);
• damage caused by a third party unconnected to the project.

Step 2: build a solid file

The more complete your file, the faster and more favourable the expert assessment will be. Prepare:

• a detailed claim letter (see template below);
• dated photos from various angles, in good light;
• a timeline of events (date the defect appeared, how it developed, first signs);
• the handover report for the works (procès-verbal de réception);
• the quotes and invoices from the contractors involved;
• the building plans and the technical specification;
• the ten-year (décennale) liability certificates of the builders;
• your Dommage Ouvrage policy and the corresponding certificate.

Step 3: send the claim by registered letter

The claim must be sent by registered letter with acknowledgement of receipt to the address stated in your policy (usually the claims department of your insurer or your broker).

Suggested structure for your letter:

• your contact details and policy number;
• the exact address of the damaged property;
• the date the works were handed over;
• the date the defect was discovered;
• a precise, factual description of the damage;
• the observed consequences (damp, cracks, loss of use);
• the list of enclosed documents;
• the wording "claim under Dommage Ouvrage insurance".

Keep all proof of sending: proof of posting, acknowledgement of receipt, copies of the letter.

Step 4: the statutory deadlines to know

From the moment it receives your complete file, the insurer is bound by strict deadlines:

1. 60 days: to notify its decision (acceptance or reasoned refusal).
2. If accepted, 90 days: to present a compensation offer.
3. 15 days after acceptance of the offer: payment of the compensation.
4. In an emergency or where protective measures are required: a faster interim payment.

Overall, a well-prepared file can lead to full payment within 5 to 6 months at most. These deadlines are a matter of public policy (d'ordre public): if the insurer fails to meet them, you become entitled to increased interest and it may forfeit certain exclusions.

To find out more, read our dedicated article on the statutory Dommage Ouvrage compensation deadlines.

Step 5: the expert assessment and the adversarial process

After the claim is filed, the insurer generally appoints a technical expert to assess:

• the reality of the defect;
• whether it qualifies as a ten-year (décennale) defect;
• the technical origin of the problem;
• the extent of the repairs required;
• the expected cost of the works.

A few practical tips for this key stage:

• be present during the visit (or send a representative);
• prepare all your questions and observations in advance;
• ask to be sent the expert's report;
• if you disagree, request a second opinion (contre-expertise) at your own expense (often reimbursed if it is legitimate).

Step 6: reviewing the compensation offer

The offer made by the insurer sets out:

• the amount of the compensation;
• the items covered (structural works, finishing works, ancillary costs);
• any deductibles;
• the payment method (lump sum, instalments, direct payment to contractors);
• any exclusions applied.

Before accepting, check that the offer really does cover the full reinstatement. If an item is missing or seems underestimated, submit a reasoned counter-proposal before signing.

Step 7: monitoring the reinstatement works

Once the compensation has been paid, you can start the works. A few rules:

• keep every invoice: the insurer may ask for supporting documents;
• the works must be carried out by qualified professionals holding a valid ten-year (décennale) cover;
• the repairs themselves are once again covered by the new builder's ten-year liability;
• if the defect recurs, a new claim can be filed.

Mistakes to avoid

A few common pitfalls that can jeopardise your compensation:

• waiting several months before filing;
• carrying out undocumented emergency works without prior agreement;
• destroying or repairing the damaged area before the expert's visit;
• omitting documents from the claim (the insurer may treat the file as incomplete and restart the clock);
• signing an overall offer without having checked each item.

In summary

• File the claim as soon as you discover the defect, by registered letter, with a complete file.
• The insurer has 60 days to notify its decision and 90 days to make an offer.
• Prepare the assessment stage meticulously and consider a policyholder's expert.
• Review each item of the offer before signing.
• Keep all reinstatement invoices in case of follow-up.

Need support?

Handling a Dommage Ouvrage claim calls for rigour and responsiveness. Our team of brokers supports you in filing and following up your claim to defend your interests as effectively as possible. Request a personalised quote or get in touch with an adviser.