Dommage Ouvrage vs Ten-Year Liability: stop confusing them!
Dommage Ouvrage and ten-year (décennale) liability: two complementary but clearly distinct types of insurance. Comparison table, the role of each and worked examples.
This is one of the most common sources of confusion in the construction world. Many owners think that ten-year (décennale) liability protects them directly and that they therefore don't need Dommage Ouvrage. This is a mistake that can prove costly.
A shared foundation: the loi Spinetta
Both schemes stem from the same law: the law of 4 January 1978, known as the loi Spinetta (the French construction insurance law), supplemented by:
- article 1792 of the French Civil Code (Code civil) for builders' ten-year liability;
- article L242-1 of the French Insurance Code (Code des assurances) for the client's Dommage Ouvrage obligation.
The legislator's aim was clear: to create a complete framework in which the builder is liable for their works for 10 years, and the owner can be compensated quickly, without waiting for court proceedings to conclude.
Who takes out which?
This is the first fundamental distinction:
- ten-year (décennale) liability is taken out by each builder working on the project: construction firm, tradesperson, architect, engineering office, project manager, and so on;
- Dommage Ouvrage is taken out by the client (maître d'ouvrage), meaning the owner who commissions the works.
In other words: if you have your house built, you take out the Dommage Ouvrage, and each of the tradespeople must hold their own ten-year cover.
Who protects whom?
The second essential distinction:
- ten-year liability protects the builder by covering their professional civil liability; it compensates the victims of the damage for which they are responsible;
- Dommage Ouvrage protects the owner by paying them directly the sums needed for repairs.
From the owner's point of view, Dommage Ouvrage is therefore far faster and more effective than ten-year liability alone, because it does not require you to prove who is liable.
Comparison table
| Criterion | Ten-Year Liability (Décennale) | Dommage Ouvrage |
|---|---|---|
| Who takes it out | The builder | The client (owner) |
| Beneficiary | Any victim of the damage | The owner and their successors |
| Legal basis | Article 1792 Civil Code | Article L242-1 Insurance Code |
| Type of insurance | Civil liability | First-party (property) insurance |
| Duration | 10 years after handover | 10 years after handover |
| When it pays | After the liable party is identified | Without establishing liability |
| Compensation time | Several months to years | 60 + 90 + 15 days |
| Obligation | Before every project | Before the project starts |
| Penalty for having none | Criminal offence | Offence for professionals, civil consequences for private individuals |
Complementary cover, not redundant
This is the key point that many people don't grasp straight away: the two types of insurance do not cover the same thing legally, even though they concern the same defects.
The mechanism works in two stages:
- When a defect appears, your Dommage Ouvrage compensates you quickly, without looking for who is liable.
- Your Dommage Ouvrage insurer then turns against the ten-year insurer of the builder at fault through a subrogated recourse action (action récursoire).
This is what's known as the pre-financing principle: Dommage Ouvrage advances the money, and the ten-year cover reimburses the Dommage Ouvrage insurer. For you, the effect is dramatic: you are compensated in under 6 months instead of several years.
What exactly do they cover?
Both types of insurance cover the same kinds of defects, meaning ten-year (décennale) defects:
- damage to the structural soundness of the works: structural cracks, faulty foundations, defective roof framing, subsidence;
- defects rendering the property unfit for its intended purpose: seepage making it uninhabitable, major waterproofing failure, insulation so poor that the building is unliveable;
- failure of a piece of equipment that cannot be separated from the structure: integrated underfloor heating, central heating system, flat-roof waterproofing.
Excluded from both:
- purely cosmetic defects;
- removable equipment (shutters, taps, appliances), which fall under the two-year proper-functioning guarantee (garantie de bon fonctionnement);
- finishing defects visible at handover (unless noted as reservations);
- damage caused by a lack of maintenance.
Worked example 1: the structural crack after 4 years
You discover a crack running right through a load-bearing wall, 4 years after your house was handed over. Two scenarios:
With Dommage Ouvrage: you file the claim with your Dommage Ouvrage insurer. Within 60 days, it accepts the file. Within 90 days, it makes an offer. Within 15 days, you are compensated. It then handles recovering the money from the bricklayer or their ten-year insurer.
Without Dommage Ouvrage: you have to identify the builder responsible, notify them of the claim, negotiate with their ten-year insurer, and probably bring legal action. Timeframe: 2 to 5 years, with all costs paid up front by you.
Worked example 2: the builder has gone bankrupt
You discover a waterproofing failure 6 years after handover. The firm responsible was wound up 3 years earlier.
With Dommage Ouvrage: your Dommage Ouvrage insurer compensates you as normal. It bears the insolvency risk, not you.
Without Dommage Ouvrage: you have to act against the firm's ten-year insurer (if it can be identified), through a much heavier process. If the ten-year cover was never taken out or is no longer valid, you have no recourse at all.
Do you have to choose one or the other?
No. Both are mandatory and complementary. The law requires both of them. To go further on why it is mandatory for private individuals, read our article Is it really mandatory for private individuals?.
In summary
- Ten-year liability is taken out by the builder, Dommage Ouvrage by the owner.
- Ten-year liability covers liability, Dommage Ouvrage pre-finances the repairs.
- Both cover the same defects, but through different mechanisms.
- Without Dommage Ouvrage, compensation takes years instead of a few months.
- Both types of insurance are mandatory and complementary, not alternatives.
Need support?
Understanding how ten-year liability and Dommage Ouvrage fit together is essential to building solid cover. Our team of brokers supports you in choosing your Dommage Ouvrage insurance and checks that your builders' cover is consistent. Request a personalised quote or get in touch with an adviser.
