Decennial Warranty and Dommages-Ouvrage Insurance: How Compensation Works for Construction Defects

The decennial (10-year) warranty and dommages-ouvrage (DO) insurance are the two pillars protecting the property owner in the event of a serious construction defect. Understanding how they work is essential for reacting quickly and effectively to construction defects in the Alpes-Maritimes (06) and Var (83).

The legal basis: Article 1792 of the French Civil Code

Article 1792 establishes strict liability for builders for 10 years from the handover of the works, for damage that:

• Compromises the structural integrity of the building (structural cracks, floor subsidence, partial collapse);
• Renders the building unfit for its intended purpose (infiltrations making a home uninhabitable, defective roof waterproofing);
• Affects the soundness of equipment permanently built into the structure (embedded pipework, underfloor heating).

The decennial warranty does not cover purely cosmetic defects or malfunction issues, which fall under the one-year perfect completion warranty and the two-year warranty on fittings.

Dommages-ouvrage (DO) insurance

Dommages-ouvrage insurance, taken out by the property owner before work begins on site, allows for fast compensation without waiting for liability to be established. When a claim falls under the decennial warranty, the DO insurer pre-finances the repairs and then seeks reimbursement from the liable builders. This is the “pre-financing” principle: you are compensated quickly, and the insurer then handles recovery from those responsible.

Deadlines you must not miss

• Reporting the claim: as soon as the defect appears, by registered letter with acknowledgement of receipt to the DO insurer.
• Insurer’s response deadline: the insurer has 60 days to notify its position on whether cover applies.
• Compensation deadline: 90 days after notifying acceptance to make a compensation offer.
• Insurer’s recovery action: once subrogated to your rights, the insurer can pursue the builders within the decennial time limits.

The building expert’s role in a DO claim

An independent building expert plays a key role: establishing an objective technical assessment of the defects (nature, extent, severity), determining whether they fall under the decennial warranty (structural soundness or unfitness for purpose), and costing the repair works. Facing the expert appointed by the insurer, having your own technical expertise is the best way to assert your rights and avoid being under-compensated. In the event of a dispute, the independent expert’s report will support any subsequent court-appointed expert assessment.

Common cases in the Alpes-Maritimes and Var

• Structural cracks linked to clay-shrinkage subsidence (RGA): the decennial warranty applies if structural soundness is compromised; DO insurance steps in to pre-finance repairs without waiting for the outcome of claims against the builder.
• Roof-terrace infiltrations: unfitness for purpose, covered by DO insurance if they occur after handover and stem from a construction defect.
• Slab or foundation subsidence: structural soundness compromised, covered by the decennial warranty and compensable through DO insurance.
• Off-plan purchase (VEFA) defects not resolved within the first year: may shift from the perfect completion warranty to the decennial warranty if the defect worsens.

Further reading

• Off-plan handover: the complete checklist of reservations to raise (06 and 83)
• Construction defects found mid-build: stop, document, act
• Hidden defects in a property sale: the Article 1641 warranty

📅 Updated on 26/07/2026 — By Cassini Expertise, independent building expert serving the Alpes-Maritimes (06) & Var (83). Free quote: 04 22 46 06 04.

Frequently asked questions

What is the decennial warranty?

The decennial warranty is a legal obligation for any builder (contractor, firm, or architect) to repair damage that compromises the structural soundness of a building or renders it unfit for its intended purpose, for 10 years after handover of the works. It covers hidden defects, construction faults, and issues affecting the structure or waterproofing.

How does dommages-ouvrage insurance work?

Dommages-ouvrage insurance, taken out by the property owner before work begins, allows for fast compensation of damage covered by the decennial warranty without waiting for a court ruling. When a claim arises, it funds emergency repairs, then seeks reimbursement from the liable builder for the amounts paid out.

What is the difference between the decennial warranty and dommages-ouvrage insurance?

The decennial warranty is the builder’s civil liability, while dommages-ouvrage is insurance taken out by the property owner. The former requires the builder to carry out repairs but often involves lengthy proceedings; the latter provides fast compensation for repair work, after which the insurer steps into the property owner’s shoes to recover the cost from the builder.

📅 Mis à jour le 25/09/2026 — Cassini Expertise, expert bâtiment indépendant (06·83·13·40).