The various laws on construction in France founded insurances for which it is absolutely necessary to subscribe. The two principal ones imposed have in particular as an aim to cover the risks of constructional defect. Another insurance is intended for the risks incurred by one the thirds and whole or part of the immediate environment of the new construction.
The insurance damage works
The insurance damage work is intended to cover the degradations undergone by construction and runs starting from the handing-over of the keys. The end of work materializes by the signature of the statement of reception. It makes it possible the owner to be seen guaranteeing against all damage suitable for affect its construction.
The responsibility for the manufacturer is committed without legal precondition which is held to give in the state the defect noted within times and the time limits. It is an insurance which is valid for a 10 years deadline. If the good lately built is put on sale during this time, the successive owners always profit from this insurance.
In theory, all the manufacturers are subjected to the subscription of this police. The law envisages a sorrow of imprisonment and a fine which can be assembled up to 75,000 euros for those which would derogate from it and in certain cases, one can be exempted some. If construction is inter alia implementations by a private individual for itself or a member of its family, the criminal responsibility is then released.
And when the State built for its account, the insurance damage work can also be isolated. This subscription is mainly intended to the professionals of the sector so that their responsibility is committed in the event of constructional defect.
The decennial insurance
The decennial insurance can be subscribed with the insurance damage works where the unit forms the Insurance Organizes Single building site. More particularly, the decennial insurance court during a 10 years deadline and is intended to cover the damage which could affect the principal structure of the new construction.
It is envisaged by the law Spinetta of January 4th, 1978 and is the corollary of article 1792 of the Civil code which envisages a 10 years guarantee for the leases. The responsibility for the manufacturer is committed without providing evidence, it is supposed. The entrepreneur must indeed answer of the solidity of the work builds and the use that will make the owner of it. Only a damage caused by the fact of an event external with the parts can release the manufacturer of its responsibility.
All the people receiving benefits having taken part in the realization of work are included in this guarantee: manufacturers of materials, controllers technical… Only the subcontractors are excluded from it.
The decennial guarantee is valid as of the end of the work given with or without reserve. It more precisely touches the damage noted on indissociable works or parts of the frame i.e.:
• Works inherent in construction
• Civil engineer works which constitute direct dependences with construction
• Integrated services with the structure of the work and whose displacement implies the destruction partial or total of the structure.
The object of the decennial guarantee is thus to ensure the owner a peaceful and normal pleasure of sound well lately acquired. |
