What is the structural damage insurance for?
The subscription of a structural damage guarantee is necessary from the start of the project.
Structural damage insurance allows you to reimburse and repair any damage that occurs after acceptance of the work and which engages the ten-year liability of the builders (architect, project manager, companies).
In the event of ten-year faults suffered by the structure (example: significant crack in a wall due to unsuitable foundations), the Damage to the structure guarantee allows the rapid repair of these shortcomings thanks to its role of pre-financing and does not seek the responsibility. So, repair work can be started quickly.
It is the structural damage insurer who will then take charge of making an appeal against the responsible constructor(s).
Is property damage insurance compulsory?
Since the Spinetta law of January 4, 1978, taking out property damage insurance is compulsory in the event of:
- Construction of a house, extension to an existing house (ex: creation of a floor, garage, etc.), as well as for renovation or improvement work of an existing house (ex: development of a roof, replacement of single glazed exterior joinery by double glazing).
- Work in a condominium, in order to protect the building during construction and after reception. It is up to the syndic of the co-ownership or the syndicate of co-owners to subscribe if it involves work in the common areas.
- In private areas, it is up to the co-owner concerned by the work to take out this same insurance.
This insurance must be taken out before the opening of the site by the owner (the person who has the work built or carried out by a company), under penalty of being exposed to criminal penalties.
Special feature of the law: If you are an individual and if you have a home built for yourself or for your family (spouse, ascendants, descendants), the penal sanction does not apply if you do not take-out damage insurance.
How does the structural damage insurance work?
Structural damage insurance must be taken out before the opening of the site.
The guarantee is acquired for 10 years from the reception of the works.
Remember to notify your insurer of the end of the work so that the guarantee takes effect and to notify him of the changes to update your home insurance.
If your home is sold before 10 years old, it is passed on to the benefit of the new successive owners.
What is the difference between the perfect completion guarantee, the two-year guarantee and the work damage insurance?
During the year following receipt of the work, the owner of the property benefits from a guarantee of perfect completion. It covers all disorders (whether or not they are of a ten-year nature) either reported to the reception by means of reservations expressed by the client or noted during this year following the reception of the works and imposes on the company that carried out the construction to repair them.
Once the first year has expired, the work damage insurance takes over for a period of 9 years (10 years from the completion of the work).
The two-year guarantee (or guarantee of proper functioning) runs for the first two years after acceptance of the work. It concerns items of equipment that cannot be separated from the construction, that is to say items that can be replaced and dismantled without damaging the structure that serves as their support, not covered by the ten-year guarantee, such as fittings that allow the construction to be adapted to humans (plumbing, electrical equipment, electric shutters, etc.).
Why do you need to take out book damage insurance?
If, as a private individual, you choose not to take out special work damage insurance for a new construction or an extension, the compensation in the event of any faulty workmanship will be longer. In addition, be aware that in the event of the resale of the property within ten years of the end of the work, the client is responsible to the new buyer. Not taking out structural damage insurance is therefore a major risk taking because the 10-year period is long.