The law regulates decennial liability and requires building professionals to take out guarantees to ensure the completion of their construction or renovation work. But the building trades are very different: from the painter to the architect to the installer of alarms, are you all concerned by this cover? In other words: are you obliged to subscribe to a ten-year guarantee? What works are involved and how does it work?
Decennial insurance, compulsory for whom?
Is decennial insurance mandatory for a company?
Any natural or legal person working in the building trades may be held liable for ten years. This means that a customer can turn against your company (during the 10 years following the reception of the works) to ask you for the repairs of the damage that these would have provoked. Whatever the legal form of your construction company and your trade, you are considered a builder. To overcome this risk of liability and to ensure that your customers are sure that your construction or renovation business is solvent, you must take out a ten-year company insurance.
Is the ten-year guarantee mandatory for an auto entrepreneur?
It should be remembered that the insurance obligation relates to the construction or renovation of buildings. If this is your case, you are concerned!
The ten-year warranty is therefore mandatory for auto entrepreneurs building contractors.
However, two exceptions exist: If you perform the work as a subcontractor, the decennial auto entrepreneur compulsory insurance is not for you, because you do not deal directly with the owner. The contractor you work for will have to be covered! If you work on mobile equipment, you are also not subject to the ten-year obligation. Indeed, this coverage concerns only the indissociable elements of the structural work of the building. In both cases, you will have to be covered by a professional liability pro and a biennial guarantee, because you remain responsible for your work. Thus, taking out a ten-year insurance that includes these two guarantees is highly recommended!
Is the ten-year guarantee obligatory for craftsmen?
As a craftsman doing work on behalf of a client, the same presumption of responsibility weighs on your books. You are therefore part of the building professionals who are subject to the decennial mandatory. The latter will pay, for 10 years, the cost of repairing your work, if they have caused significant damage.