Introduction
In the Alpes-Maritimes (06) and the Var (83), construction defects trigger the builder’s decennial liability. Whether you own property in Antibes, Cannes, Grasse, Nice or Toulon, this technical guide explains the criteria, deadlines and steps to assert your rights.
What is decennial liability?
Decennial liability is a legal obligation placed on builders (contractors, architects, developers) for 10 years after the handover of the works. It covers damage that compromises the structural integrity of the building or makes it unfit for its intended purpose. In the south-east of France, weather conditions (heavy rainfall, seismic activity) can worsen construction defects.
Examples of defects covered
- Structural cracks: in load-bearing walls, foundations or slabs, often visible after intense rainfall in Nice or Toulon.
- Water infiltration: roofs, terraces, basements — common in coastal areas of the 06 and 83.
- Waterproofing defects: swimming pools, balconies, exterior joinery.
- Partial collapse: retaining walls, partition walls.
- Non-compliance with earthquake-resistance standards: particularly relevant in the Alpes-Maritimes, classified as a seismic zone.
Conditions for invoking decennial liability
To be covered, the damage must:
- Appear after the handover of the works (without reservations, or with reservations subsequently lifted).
- Compromise the structural integrity of the building or make it unfit for its intended use.
- Be reported within 10 years of the handover.
It is essential to have the defects documented by a building expert, such as Cassini Expertise, to establish an independent technical report.
Steps to take
1. Document the damage: photos, videos, witness statements.
2. Notify the builder by registered letter with acknowledgment of receipt.
3. Call in an expert: Cassini Expertise operates throughout the 06 and 83 to provide an accurate diagnosis.
4. Activate the structural defects insurance: taken out by the project owner, it allows for rapid compensation.
5. Take the matter to court if necessary, within the limits of the ten-year statute of limitations.
Role of the building expert
The expert (Cassini Expertise) inspects the property, reviews the plans, takes samples and drafts a technical report. This document is essential to:
- Determine the origin of the defect (faulty materials, design error, execution fault).
- Assess the cost of repairs.
- Identify those responsible (builder, architect, subcontractor).
In the Alpes-Maritimes and the Var, local specifics (climate, soil conditions) call for specialised expertise.
Conclusion
If you’re facing a construction defect, act quickly: the ten-year statute of limitations starts running from the handover date. Cassini Expertise, based in the Alpes-Maritimes, operates throughout the 06 and 83 (Antibes, Cannes, Grasse, Nice, Toulon). Contact us at 04 22 46 06 04 for an assessment quote. Protect your property with a reliable diagnosis.
📅 Updated on 22/07/2026 — By Cassini Expertise, independent building expert for the 06 & 83. Free quote: 04 22 46 06 04.
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Frequently asked questions
How long does the decennial guarantee last?
The decennial guarantee covers damage that compromises the structural integrity of the building or makes it unfit for its intended use, for 10 years from the handover of the works. It applies to builders (contractor, architect, etc.) and can only be invoked for serious defects. Beyond this deadline, no decennial liability claim is possible.
How do I invoke the decennial guarantee in the 06 or 83?
To invoke the guarantee, you must formally notify the builder by registered letter with acknowledgment of receipt, describing the defects. If no solution is found, you can take the matter to the civil court within 2 years of the damage appearing, always within the 10-year limit after handover. It is recommended to call in an expert to assess the damage.
What does the decennial guarantee cover in case of a construction defect?
It covers repair work for damage affecting the structural integrity of the building (e.g. structural cracks) or making it unfit for its intended use (e.g. infiltration making the home uninhabitable). Minor cosmetic issues are not covered. The guarantee also includes demolition, removal and reinstatement costs where necessary.