The ten-year warranty explained simply: who is covered and for how long?

The ten-year warranty (garantie décennale) is one of those obligations every building tradesperson knows by name, without always mastering its details. Yet it conditions your very right to practise. This article is aimed at construction professionals, sole traders and tradespeople who want to understand, in clear terms, what this insurance really covers.

Where does the ten-year warranty come from?

The ten-year warranty is not a recent invention of the insurers. It stems from the loi Spinetta of 4 January 1978 (the Spinetta Act), which profoundly reformed builders' liability in France. Its aim: to protect individuals who commission construction or renovation work, sparing them from having to prove the tradesperson's fault in the event of serious damage.

This logic is codified by article 1792 of the Code civil (Civil Code), which establishes a "presumption of liability": if covered damage occurs within the 10 years, the builder is presumed liable, unless they can prove an external cause (force majeure, the property owner's fault, the act of a third party).

Article L241-1 of the Code des assurances (Insurance Code) completes the framework by making the insurance mandatory for all the professionals concerned. No certificate = practising illegally.

Who is subject to the obligation?

The obligation applies to any natural or legal person whose ten-year liability may be engaged. In concrete terms, that includes:

Building tradespeople (mason, plumber, electrician, roofer, carpenter, tiler, etc.)
Sole traders in construction, with no exemption based on turnover
General building companies
Architects, engineering firms and project managers
Individual home builders (constructeurs de maisons individuelles, CCMI)
Property developers and sellers after construction
Subcontractors, as soon as they work on construction structures

Conversely, an individual who carries out their own work is not, in principle, subject to this obligation — except in the specific case of a resale within 10 years (see our article on DIY work and ten-year liability).

Which works fall within the scope of the décennale?

The décennale applies to construction works in the broad sense: new build, major renovation, extension, adding a storey, but also major fit-out work connected to the structure. It notably covers:

The structural work (foundations, load-bearing walls, framework, roof)
Waterproofing and thermal insulation
Concealed networks (plumbing, built-in electrics)
Equipment that is inseparable from the structure (a sealed boiler, an integrated heating system, a lift)
External joinery that contributes to keeping the building weathertight

A simple repair, a maintenance operation or the fitting of removable equipment (a light fitting, an unsealed built-in oven) does not fall under the décennale, but under other warranties.

When does the 10-year period start?

The starting point is precise: the handover of the works (réception des travaux), formalised by a report signed between you and your client. Article 1792-4-1 of the Code civil is clear: it is this date that starts the clock, and not the date the site finishes or the date of invoicing.

A few rules to remember:

No signed handover report = no starting point: that's risky for you as much as for the client.
Handover can be granted with or without reservations. Reservations fall first under the defect-liability warranty (garantie de parfait achèvement).
The 10-year period is strict: once it expires, no action based on the décennale is admissible any longer.

What exactly does the ten-year warranty cover?

Two broad categories of damage are covered:

1. Threats to the solidity of the structure

Structural cracks, subsiding foundations, partial collapse, distortion of the framework: anything that threatens the very durability of the building.

2. Threats to the intended use of the structure

A structure is said to be "unfit for its intended purpose" when it can no longer perform the function it was designed for. Typical examples:

Infiltration making a roof no longer weathertight
Failure of an integrated heating system in a new house
Chronic damp making a room uninhabitable
A major sound-insulation defect in a dwelling

The décennale also covers inseparable equipment: equipment whose removal would damage the structure (a built-in boiler, underfloor heating, etc.).

Who pays for what, and how?

In the event of a claim, it is your décennale insurer that compensates the property owner, provided the owner has brought the action within the 10 years. If the client holds a damage-to-works policy (assurance dommages-ouvrage) (mandatory for them but often overlooked), they are compensated quickly, even before liability has been determined: the damage-to-works insurer then turns to your décennale to recover the cost.

This mechanism spares the individual from waiting years for a court decision. It's one of the pillars of French consumer protection in construction matters.

In summary

The ten-year warranty is mandatory for every construction professional, including sole traders
It covers, for 10 years from the handover of the works, serious damage: solidity and unfitness for the intended purpose
Without a décennale, you risk 6 months in prison, a €75,000 fine and having your personal assets exposed
The property owner is protected by the professional's décennale and, ideally, by their own damage-to-works policy

Need support?

Choosing a décennale suited to your activities and your volume of business is no trivial matter: a poorly calibrated contract can leave you exposed in the event of a claim. Our team of brokers guides you in choosing your ten-year insurance. Request a personalised quote or get in touch with an adviser.