Water damage in France: claim, deadline and IRSI

First steps: shut off, trace, repair the leak

Service-public.gouv.fr and France Assureurs describe the same order:

1. Turn off the water: the tap of the appliance at fault or the dwelling’s meter; also turn off the electricity if the water threatens the installation.
2. Find the source: if it comes from another dwelling, warn the neighbour, the syndic (building manager) or the caretaker. France Assureurs indicates that you can call the fire brigade if the dwelling at the source is empty and inaccessible.
3. Have the leak repaired immediately. This emergency repair does not prevent compensation; keep the invoices.
4. Do not start making good (paintwork, floors, ceilings) before the insurer’s or loss adjuster’s inspection, or compensation for these costs may be reduced or refused (service-public.gouv.fr).

When the source is not visible, a recherche de fuite (leak detection) by a professional is needed; its cost may be covered by the insurance. Outside a copropriété (building in co-ownership), you pay for it and then claim reimbursement.

Reporting the claim: 5 working days at least

Article L113-2 of the Insurance Code requires the policyholder to notify the insurer “as soon as they became aware of it and at the latest within the period set by the policy”, a period which “may not be less than five working days”. Late notification only forfeits cover if the insurer proves that the delay caused it harm, and never in a case of force majeure.

The claim can be made by telephone, at a branch, online or, preferably, by registered letter with acknowledgement of receipt. It states the policy number, the date and circumstances, the damage, the damage caused to third parties and the steps already taken (service-public.gouv.fr).

The joint report and the loss adjuster’s assessment

The constat amiable dégât des eaux (joint water damage report) is not compulsory, but it speeds up the claim. Everyone involved fills it in and signs it; there is no official form, each insurer has its own. The tenant or co-owner also sends a copy to the owner or the syndic (service-public.gouv.fr).

An expert assessment is not systematic. According to service-public.gouv.fr, the insurer orders one generally above €1,600 of damage. Keep damaged items, photos and invoices. Once the offer is accepted, payment is made within the period in the policy, generally 1 month. If disagreement persists, the insurer must inform you that you can refer the matter to the Médiateur de l’assurance (insurance ombudsman), and the courts remain open to you.

The IRSI agreement between insurers

The IRSI agreement (indemnisation et recours des sinistres immeuble, compensation and recourse for building claims) is an agreement between insurers, not a law. It covers water damage and fires in residential buildings, whether the source is private or in the common parts (service-public.gouv.fr, fiche F2027).

IRSI appoints a single insurer to handle the claim, the leak detection and the compensation. It does not apply to claims whose source is outside the building (bad weather, flooding, natural disaster), nor to hotel rooms and bed-and-breakfast rooms (service-public.gouv.fr).

Co-ownership, tenant, landlord: who does what

• Source in the common parts (shared riser pipe, roof): the syndic reports the claim to the building’s insurer, which is also the IRSI managing insurer.
• Source in a private lot: the co-owner concerned reports to their insurer; the building’s policy does not cover these claims, even if they damage the common parts (F2027).
• Leak detection in an occupied dwelling: this falls to the occupant’s insurer, unless it risks destroying the premises, the occupant is not insured or their notice period expires on the day of the incident; it is then the owner’s insurer (F1352).
• Tenant: home insurance, which includes water damage cover, is compulsory for them (F1352). They report to their insurer and inform the landlord.
• Co-owner who lets: every co-owner, occupying or not, must insure their civil liability; fiche F2027 also mentions “propriétaire non occupant” (non-occupying owner) insurance.

For each party’s insurance obligations, see assurance habitation (home insurance); for how the building’s expenses are shared, charges de copropriété (service charges).

Which professional to consult

For a let property, the agent immobilier (estate agent) in charge of management often acts as the link between tenant, landlord, syndic and insurers, and keeps a record of the claims reported. If you are selling or buying a home that has suffered water damage, disclose it and gather the claim forms, assessment reports and invoices for the work: the notaire (notary) handling the sale can attach them to the file.