décennale

The décennale, or garantie décennale, is a concept in French construction law referring to a ten-year liability and insurance regime that covers damages to a building arising from construction defects. This guarantee is mandatory for construction professionals and binds builders, architects, engineers, and other designers involved in a project, protecting the owner of the building or future co-owners.

The guarantee applies to damages that compromise the solidity or safety of a building, or that render the structure unfit for its intended use. Typical covered defects include serious cracks in load-bearing elements, foundation problems, water leaks affecting structural components, and other defects in workmanship or design that threaten stability. It does not cover ordinary wear and tear, damages from misuse or lack of maintenance, or issues unrelated to construction defects. It also does not automatically cover damages caused by events outside the construction process unless those damages are attributable to a covered defect.

The ten-year period starts from the date of reception of the works (the formal handover). To ensure timely protection for the owner, a separate insurance called assurance dommages-ouvrage is generally required to pre-finance repairs, with recourse to the decennial liability for reimbursement later if fault is established.

Claims are typically directed at the responsible professionals or their insurers. The decennial liability is designed to ensure that significant structural or safety-related defects identified after completion can be repaired without placing an immediate financial burden on the owner, while the professionals’ insurers manage the liability and recovery of costs as appropriate.