Building Defects: Ten-Year Decennial Liability in the Alpes-Maritimes

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In the Alpes-Maritimes (06), the Var (83) and Bouches-du-Rhône (13), property construction faces specific challenges: a Mediterranean climate, seismic risk and heavy pressure on land. When a building defect appears, the question of decennial liability becomes central for homeowners and professionals alike. This technical article reviews the remedies available, the deadlines involved and the steps to take, with a focus on local conditions.

What is decennial liability?

Decennial liability is a legal guarantee that binds the builder (contractor, architect, engineering firm) for 10 years after the works are handed over. It covers damage that compromises the soundness of the structure or renders it unfit for its intended purpose. In the South-East of France, the most common defects are cracks linked to clay shrink-swell movement, water infiltration through terraces, and waterproofing failures on façades exposed to the weather.

Conditions for triggering the guarantee

To benefit from the decennial guarantee, three cumulative conditions must be met:

• Material damage: it must affect the soundness of the structure or render it unfit for its intended purpose (e.g. slab subsidence, structural cracks).
• 10-year deadline: the claim must be filed within 10 years of handover, even if the defects appear progressively.
• Causation: the damage must be linked to a construction defect, a design flaw or poor workmanship.
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Note: handover can be explicit or tacit. In the Alpes-Maritimes, it is common for reservations to be raised at delivery; these must be cleared before the guarantee period starts running.

Local specifics in the 06, 83 and 13

The Mediterranean coastline presents geotechnical and climatic constraints that influence the appearance of building defects:

• Clay shrink-swell movement: very common in the hinterland of Nice and the Var, it causes ground movement and façade cracking.
• Seismic risk: earthquake-resistant standards (Eurocode 8) must be followed; a failure in execution can lead to damage during a tremor.
• Exposure to wind and rain: terraces and roofs must be perfectly waterproofed, especially in Antibes, Cannes, Grasse, Nice or Toulon.

As a building expert, we regularly intervene to document these defects and determine their origin before any legal action is taken.

The procedure for a homeowner to follow

If you notice a defect in your building, here are the key steps:

1. Prompt notification: notify the builder of the claim by registered letter with acknowledgement of receipt, within the 10-year deadline.
2. Amicable expert assessment: contact your building damage insurer (mandatory in France) to arrange a joint expert assessment.
3. Formal notice: if the insurer does not respond within 60 days, or if the compensation offered is insufficient, you can bring the matter before the civil court.
4. Court-appointed expert: in the event of a dispute, appointing an expert registered with the Aix-en-Provence Court of Appeal is often necessary.

In the Alpes-Maritimes and the Var, processing times can be long, so acting quickly is essential to protect your rights.

The role of the building expert

The building expert plays a key part in:

• Identifying the technical causes of the defects (soil survey, structural inspection, etc.).
• Assessing the extent of the damage and costing the repair works.
• Drafting a detailed report to serve as evidence before the courts.

Our firm, Cassini Expertise, operates throughout the Alpes-Maritimes (06), the Var (83) and Bouches-du-Rhône (13), with a thorough understanding of local specifics. We assist both homeowners and professionals (insurers, lawyers, property managers) in handling claims.

Conclusion

When facing a building defect, decennial liability is a powerful tool, but putting it into practice is complex. Whether you are in Nice, Cannes, Antibes, Grasse or Toulon, it is essential to have competent experts by your side to secure your claim. Cassini Expertise operates across both the 06, 83 and 13 départements. Call us on 04 22 46 06 04 for a personalised quote and a technical assessment of your situation.

Frequently asked questions

How long does the decennial guarantee last?

The decennial guarantee covers damage that compromises the soundness of the structure or renders it unfit for its intended purpose for 10 years after the works are handed over. It applies to builders, including architects and contractors, for hidden defects.

How do I report a defect in the Alpes-Maritimes?

You must notify your insurer of the claim by registered letter with acknowledgement of receipt within 10 days of discovering the defect. The insurer then appoints an expert to assess the damage. Keep all evidence (photos, quotes, reports) and respect the legal deadlines to protect your rights.

What happens if the company is in liquidation?

If the company is in liquidation, you can still invoke the decennial guarantee with its insurer. You must report the claim within the deadlines, and the insurer will cover the repairs if the damage is covered. If the insurer refuses, you can bring the matter before the civil court of Grasse or Nice.

See also: Ten-Year Structural Warranty and RGA Clay-Shrinkage Cracks · Dommages-Ouvrage Insurance 06/83/13: Claim Declaration and Expert Assessment · My Contractor Went Into Liquidation: What Happens to the Defects?

Survey carried out by Frédéric Faucouneau, independent building expert – Antibes, Alpes-Maritimes (06), Var (83), Bouches-du-Rhône (13). Find out more

📅 Last updated 02/11/2026 - Cassini Expertise, independent building expert – departments 06, 83 and 13.