What is a ten-year warranty (real estate sale) in France?
What is a Ten-Year Warranty in Real Estate Sales in France?
A ten-year warranty (garantie décennale), as its name suggests, is valid for 10 years from the completion of construction work on a property.
The construction or major renovation of a building (apartment, house, commercial property, etc.) usually involves multiple construction professionals who bear a responsibility toward the project owner (most often the future owner). To protect the latter, the law requires these professionals to provide a ten-year guarantee starting from the acceptance of the work. Additionally, in the event of resale, this warranty transfers with the property, benefiting successive buyers.
What Does the Ten-Year Warranty Cover in France?
The ten-year warranty covers all structural damage affecting the core of the building (walls, roof, foundations, etc.) but does not apply to finishing elements such as doors and windows.
It applies in cases where:
- The building’s structure is compromised (e.g., damage to the foundations or overall stability).
- The damage renders the property unfit for its intended use (e.g., a home becoming uninhabitable due to construction defects).
Who is Liable Under the Ten-Year Warranty in France?
The ten-year warranty holds liable all professionals involved in the construction or major renovation of the property, including:
- Engineers, technicians, manufacturers, architects, developers, builders, land developers, etc.
- Previous owners if they personally carried out construction or major repairs.
To ensure that these professionals can fulfill their obligations, the law requires them to take out a compulsory insurance policy called “dommages-ouvrage” (DO) insurance. However, not all sellers comply with this obligation. If this insurance is missing, the buyer should carefully assess the risk of not being compensated in the event of structural damage.
How We Can Help
Chassaint & Cerclé Notaires assists individuals and professionals with the legal formalities required for the purchase or sale of real estate.
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