All building professionals must take out ten-year insurance before starting work. Can this guarantee, valid for 10 years from the date of acceptance of the work, be extended?
The Spinetta law of January 4, 1978 is clear: all manufacturers must subscribe to a ten-year guarantee under penalty of incurring a 6-month prison sentence and / or a 75,000 euros fine. What is the actual duration of this insurance? Answers and explanations.
A few reminders about the ten-year guarantee
The ten-year guarantee is due by any manufacturer. The purpose of this contract is to cover damage likely to affect the solidity of the construction or render the structure unsuitable for its use, for a period of 10 years from the date of the end of the work.
If the craftsman is obliged to take out decennial insurance, the owner must, for his part, take out work damage insurance in order to obtain rapid repair of damage of a decennial nature. In the event of a claim, the insurer covers the repair work before turning against the responsible professional to recover the funds committed.
The ten-year guarantee can be extended by 2 years
In principle, the ten-year insurance is valid for 10 years. However, the Insurance Code provides for the possibility for the insured who discovers the defect or the claim, to extend its duration by 2 years. This additional period should allow him to seize his insurer or to initiate legal action against him.
This rule was recently recalled by the Court of Cassation. In a judgment, the court clarified that as soon as the loss appeared within 10 years of the end of the work, the insured has 2 years to invoke his guarantee or take legal action in the event of refusal of compensation. In other words, the insurance company can see its guarantee activated until the 12th year after receipt.
Take out ten-year insurance: instructions for use
This additional 2-year period offered to the contracting authority shows the advantages of taking out a ten-year guarantee.
To benefit from the best contract, professionals have several options. The first is to play the competition by using an online comparator. The principle is simple: just complete a quick form to access free quotes, without obligation and 100% personalized. The user remains free to subscribe or not to the offers offered.
Another possibility: solicit a broker who will compare the offers and select those that correspond to your needs. This market expert is able to negotiate prices with its partners. If necessary, he can also provide you with personalized advice.
What to do if there is no response from the insurers?
Have you made several ten-year insurance requests but no insurer has answered you or answered you unfavorably? In this case, you can contact the Central Pricing Office (BCT), which has the role of requiring an insurer to take charge of you at the fixed rate.
To avoid unpleasant surprises, do not hesitate to start your insurance research several months before the start date of the work. Remember that in the absence of a ten-year guarantee, you incur heavy penalties. In addition, in the event of serious damage observed by the owner of the work and without insurance, you may be required to compensate it yourself. However, the damages suffered sometimes reach several thousand euros.
Do not hesitate any longer, immediately request an online quote to find the best contract and subscribe as soon as possible.