Making a decennial claim: steps, deadlines and who to contact
Cracks, leaks, subsidence: when serious defects appear after handover, you need to know who to notify and how. The steps differ depending on whether you are the project owner or the professional. Lev Assurances guides you and helps you follow up the file.
- Steps for project owners
- Steps for the tradesperson involved
- Role of dommages-ouvrage insurance
NEED ADVICE?
What to do when a defect appears
- Photograph and date the damage
- Gather contracts, invoices and certificates
- Notify in writing, with proof of receipt
- Avoid permanent repairs before the assessment, except urgent protective measures
- Respect contractual deadlines
Who notifies what, and to whom?
A project owner who took out dommages-ouvrage insurance notifies the claim to that insurer, preferably by registered letter with acknowledgement of receipt. Article L242-1 of the French Insurance Code sets the deadlines: the insurer has 60 days from receipt of the claim to notify its decision on cover and, if it accepts, must make its compensation offer no later than 90 days after that same receipt. It then recovers the cost from the builders responsible.
Without dommages-ouvrage, the project owner claims directly against the builders involved, and must know their decennial insurer: hence the importance of keeping the decennial certificate attached to the quote. Action must be taken within ten years of handover.
A professional facing a claim must notify their decennial insurer within the period set in the contract, sending the claim received, the quote, the invoice and the handover report. They should not admit liability or start repairs without the insurer’s agreement.
An expert assessment is generally organised to determine the cause of the defects and whether they are decennial. To be well supported, it is best to have the right contract from the start: see covered activities and exclusions.
More about decennial insurance
Construction insurance
Overview of construction insurance in France: decennial, dommages-ouvrage, professional liability.
Decennial liability (BTP)
Our main page on decennial insurance for construction professionals.
Decennial certificate
What the certificate must contain and when to give it to the client.
Covered activities and exclusions
Why declared activities determine what is covered.
Dommages-ouvrage insurance
The project owner’s insurance, complementary to decennial cover.
How we review your decennial insurance
Describe your activity
Your trade, techniques, turnover and share of subcontracting help target the right covers.
Gather your documents
Business registration, qualifications or proof of experience, previous certificates and claims history if any.
Review the offers
Covered activities, limits, excesses and exclusions are reviewed with you before signing.
Receive your certificate
Once the contract is in force, the decennial certificate can be attached to your quotes and invoices.
Let’s review your decennial insurance
Tell us about your activity, your experience and your projects: Lev Assurances reviews your file, looks for available solutions and, if an insurer accepts, supports you until you receive your certificate.
Frequently asked questions
What is the time limit for a decennial claim?
Ten years from the handover (réception) of the works.
How long does the dommages-ouvrage insurer have to respond?
At most 60 days from receipt of the claim to notify its decision on cover; if it accepts, the offer must be made no later than 90 days after that same receipt (article L242-1 of the French Insurance Code).
I am a tradesperson and received a claim: what should I do?
Notify your decennial insurer quickly, within the contractual deadline, without admitting liability.
Can repairs be made before the assessment?
It is better to wait, except for urgent protective measures, so as not to jeopardise compensation.
Can Lev Assurances help me?
Yes, for policies taken out through us. Contact us on +33 1 41 81 60 94 or via the quote page.
Decennial insurance suited to your trade
Decennial insurance is chosen according to the activities you actually carry out, your experience and your projects. Lev Assurances helps you declare the right activities and understand your contract — Lev Assurances, broker registered with ORIAS no. 24001858, supervised by the ACPR (French Prudential Supervision and Resolution Authority).