Ten-year guarantee and dommages-ouvrage: time limits

The three guarantees after acceptance

Source: service-public.gouv.fr (page F2958, verified on 25 September 2026).

Acceptance is the starting point for all these guarantees. A visible defect not noted in the acceptance report is deemed accepted; defects that were not visible remain covered according to their nature (service-public.gouv.fr). The ten-year period starts the day after the acceptance report is signed (page F2034).

The builder’s ten-year guarantee

The text. “Every builder of a structure is liable as of right, towards the client or purchaser of the structure, for damage, even resulting from a defect in the ground, which compromises the soundness of the structure or which, affecting it in one of its constituent elements or one of its items of equipment, makes it unfit for its intended use” (art. 1792). They are exonerated if they prove an external cause (cause étrangère). They are discharged after ten years from acceptance (art. 1792-4-1).

Who is concerned? Contractor, property developer, land developer, project manager, architect, engineering firm, craftsman, sole trader (auto-entrepreneur). Subcontractors are excluded, as they have no direct link with the client (service-public.gouv.fr, page F2034).

What is covered. Foundations and structural frame, networks and drainage, access path, works with foundations (conservatory, terrace, in-ground swimming pool), non-detachable elements (pipes, floor, central heating, door and window frames, built-in electrical installation). Only works declared in the builder’s insurance contract are covered, and work must start while the contract is valid (page F2034).

The certificate. The professional provides their ten-year insurance certificate before work begins; it is attached to the quotes and the invoice. If the builder goes bankrupt, the guarantee can still be claimed from their insurer (page F2034).

Dommages-ouvrage insurance, compulsory for the client

DO insurance must be taken out by any person who, “acting as owner of the structure, seller or agent of the owner of the structure, has construction work carried out”, before work begins (Insurance Code, art. L242-1). Service-public.gouv.fr cites the owner, their agent, the syndic (building managing agent), the seller and the developer.

Why it matters. It pays for “all the repair work” falling under the ten-year guarantee, without any need to establish liability, and the insurer then turns against those responsible (page F2032). It does not cover normal wear and tear, lack of maintenance or an external cause.

When it applies. It takes effect after the year of the completion guarantee. It can step in earlier if the contractor, having been given formal notice, does not carry out repairs: before acceptance, after their contract has been terminated, or during the year of the completion guarantee (art. L242-1; page F2032).

If nobody will insure you, the Bureau central de tarification (central pricing board) sets the premium with the insurer of your choice (page F2032).

On resale. For the 10 years following acceptance, the DO insurance stays with the property: the deed of sale mentions it and the certificate is annexed to it (page F2032).

Making a claim: the DO insurer’s time limits

1. Declare within the period set by the contract, never less than 5 working days, by registered letter or against a receipt, and no later than 2 years after the damage occurs or comes to your knowledge.
2. 10 days: the insurer requests any missing documents.
3. 60 days after the complete claim: inspection, report and decision on cover. For damage estimated at less than €1,800, no expert is required and the reply comes within 15 days.
4. 90 days after receipt of the claim: offer of compensation, with no excess payable by you. The period can be extended to 135 days at most, with your written consent, in case of exceptional difficulties.
5. 15 days after your acceptance: payment.

Time limits in calendar days, from receipt of the claim (service-public.gouv.fr, page F2032; Insurance Code, art. L242-1).

If the insurer misses a deadline, you can start the work after informing it, and the compensation is increased by interest at twice the statutory interest rate. If the offer seems insufficient to you, you can obtain an advance of at least 3/4 of the offer, paid within 15 days (page F2032).

Which professional to consult

If you are buying a property less than 10 years old, the notaire checks that the ten-year and dommages-ouvrage certificates are annexed to the deed. If you are financing a new build, your courtier en crédit (mortgage broker) includes the dommages-ouvrage premium in the budget to present to the bank. For a defect discovered in an older property, see our guide to hidden defects.