Garantie décennale: French builders liability insurance

What is the garantie décennale?

The garantie décennale is a mandatory 10-year liability insurance that every French building contractor must hold. It covers defects in their work that threaten the structure of a building or make it unfit for its intended use. The 10 years start from the formal handover, known as the réception des travaux. Before any contractor begins work, they must give you written proof that their cover is current. It should also appear on the devis you sign.

What does the garantie décennale cover?

French law defines the scope precisely. The décennale applies to defects that:

Affect the solidity of the construction or its structural components
Affect elements that are inseparable from the structure (foundations, walls, roof, load-bearing elements)
Render the building or the work unfit for its intended use

The bar is structural or functional failure. Minor finishing issues don't qualify, and neither does equipment that simply stops working.

Does the décennale cover a heat pump or air conditioner added to an existing house?

Usually not. Since a Cour de cassation ruling in March 2024, equipment added to an existing building falls outside the décennale, however serious the fault. That covers a heat pump, an air conditioner or a wood-burner insert fitted to a house that's already standing. The same ruling puts that equipment outside the two-year biennale too.

What's left is the installer's ordinary contractual liability, which their compulsory insurance doesn't have to cover, plus the manufacturer's warranty. So before you sign for retrofit equipment, ask what warranty the installer gives on the fitting and what the manufacturer covers. Get both in writing. The décennale can still apply where the fitting involved real building work, such as a roof that leaks because the solar panel mounting broke its waterproofing.

What are the three French construction guarantees?

The décennale is one of three overlapping legal guarantees that run from handover:

Garantie de parfait achèvement (1 year): the contractor must fix any defect you flag in writing within one year of handover, however minor. This is your first line of recourse for snags and finishing issues.
Garantie biennale (2 years): covers separable equipment fitted as part of the construction, meaning items that can be removed without damaging the structure. Heating and cooling equipment and built-in appliances are typical examples.
Garantie décennale (10 years): covers structural and functional defects as described above, for the full decade from handover.

When a problem arises, the date and the kind of defect decide which guarantee applies. Minor snags in year one go through parfait achèvement. A heating system fitted in a new build that fails in year two falls under the biennale. A roof leak in year seven caused by poor structural work is a décennale claim.

Does the garantie décennale follow the property when it sells?

Yes. The décennale attaches to the work, so it stays with the building. If you sell within 10 years of the work, the remaining cover passes to the buyer. If you're buying a recently renovated property, ask the seller for the attestation d'assurance décennale of each contractor who did the work.

What should a contractor's décennale proof show?

Every contractor must put their insurance details on a written quote. The devis should show:

The name of the insurer
The policy number
The geographical scope of cover (should include France)
The dates the policy is valid (must cover the period when work takes place)

If these details are missing, ask for them before signing. A contractor who can't provide them is either uninsured or breaking French law. Don't go ahead with anyone who can't produce a current attestation d'assurance décennale on request.

You can also ask to see the full attestation document instead of the summary on the devis. That's standard practice for larger projects, and a contractor operating legitimately will send it without fuss.

How do you claim on the garantie décennale?

If a covered defect appears within the 10 years:

Notify the contractor in writing, by lettre recommandée avec accusé de réception, describing the defect.
Report the problem to your own home insurer (assurance habitation). They may help with the claim.
If the contractor doesn't respond or disputes liability, the claim goes to the French civil courts. You'll need a lawyer (avocat) with construction experience.

If a dommage-ouvrage policy was taken out for the works, claim on that first. It pays for the repairs and then pursues the contractor's insurer, so you don't wait for the liability question to be settled. Dommage-ouvrage is mandatory for the owner on new construction, extensions and any renovation that touches the gros oeuvre (structural fabric).

Is an RGE-certified contractor automatically covered by a décennale?

RGE certification (the state's approved-installer label) and the garantie décennale are separate things. RGE confirms that a contractor meets the quality standards required for energy subsidies. It says nothing about their insurance. Ask for the décennale proof separately, whatever certifications the contractor holds.

Garantie décennale: the 10-year builders guarantee