Even brand-new homes aren't immune to defects from poor workmanship. When problems arise, the builder's liability is engaged, and the law's 10-year guarantee ensures homeowners receive compensation for valid claims.
Article 1792 of the Civil Code holds builders accountable for defects in new constructions or renovations. To protect project owners, professionals must carry 10-year liability insurance—commonly called the décennale guarantee—valid for a full decade. It covers repairs that make the building uninhabitable due to construction flaws. However, it won't apply if the professional bears no fault. See this site specializing in 10-year insurance for more details.
Key Distinction: This professional liability insurance differs from homeowners' property damage coverage. The latter addresses claims like non-conformity or shoddy work, complementing the 10-year guarantee. It enables reimbursements via damage insurance while awaiting court decisions on liability.
It's mandatory for all professionals involved in building or renovating apartments or single-family homes—including contractors, architects, developers, design offices, and other technicians contracted by the owner. Always request the 10-year guarantee certificate from your project manager before site work begins.
The guarantee applies to damage affecting the structure's solidity, making the home unfit for use—such as foundation defects or non-conformities. Coverage focuses on major elements like the roof, frame, walls, and foundations. Homeowners can claim for leaks, landslides, large cracks with infiltration, or even lost rental income if the property is uninhabitable. Cosmetic issues are excluded, as are detachable equipment (covered under the 2-year guarantee), windows, doors, and similar items.
