Building damage insurance: what it covers, when it is required, what going without it costs
Building damage insurance (assurance dommages-ouvrage) is the obligation private renovators most often ignore: any owner having works done that fall under the ten-year guarantee must take it out before the site opens. It pays out quickly, without waiting for a court to name the party at fault, and it counts on resale. This dossier says when it is required, what its absence costs, and how to take it out from abroad.
By Jean Mascla, founder of Home SelectUpdated · 6 min read
What it does, and why it exists
When a serious defect appears after works, the contractor is covered by their ten-year guarantee. But it must first be established that the defect really is their responsibility, and not that of the plasterer, the roofer, the architect or the material manufacturer. That demonstration takes place in court, with a judicial expert survey, and it takes between two and five years.
Damage-to-works insurance exists so you do not have to wait. It compensates you quickly, on simple observation of the defect, without identifying who is at fault. The insurer then turns against whoever is responsible and their colleagues. It is sometimes called pre-financing insurance, and that is exactly what it is: it buys time, not a new right.
When it is compulsory
The criterion is not the cost of the works but their nature: what is covered are works falling under the ten-year guarantee, meaning those compromising the soundness of the structure or making it unfit for purpose.
Works covered
Works generally outside the scope
Structural work, reinforcement, opening a load-bearing wall
Replacing a boiler or a radiator
Roof framing, roofing, terrace watertightness
Laying a floor covering or painting
External insulation, facade renovation with insulation
Replacing separable equipment
Conservatory, extension, adding a storey
Small repairs and handyman work
Services embedded in the structure
Kitchen or bathroom without structural work
For a standard flat renovation, without touching the structure, the obligation does not apply. It does apply as soon as you open a load-bearing wall, insulate externally or redo a roof, which is precisely the programme of a large-scale energy renovation.
What its absence really costs
A private individual having works done on a home they, or their family, occupy incurs no criminal penalty: the obligation is criminally enforced only against other owners commissioning works. That explains why it is so widely ignored, and it is short-sighted reasoning.
The first cost is delay. Without damage-to-works insurance, water ingress appearing four years after roofing works is settled by court proceedings: expert survey, joining the companies and their insurers, judgment. Meanwhile the defect worsens and the repairs remain at your expense.
Antibes, Côte d’Azur
On resale and from afar, two further costs
The second cost appears at resale. The notarial deed mentions works carried out within the past ten years and the existence, or not, of the corresponding insurance. An informed buyer draws two conclusions: they inherit an uncovered risk, and they can put a figure on it. Negotiation opens on that point, and it rarely closes in your favour.
For a non-resident owner, a third cost is added, invisible in the texts: distance. Following a judicial expert survey in France from Singapore or New York requires an agent, travel, and an availability nobody has.
How to take it out, and when
The rule has no exception: before the site opens. Once works have started, insurers decline the file, and the rare regularisation policies cost far more and require a survey of the works already carried out.
The file requested is always the same, and it is assembled alongside the quotes.
The description of the works and the signed quotes.
The ten-year insurance certificates of each company, in force and covering the activity performed.
The plans, and the technical study where there is one.
The name of the project manager or architect, if there is one.
The planned date for opening the site.
The premium is calculated as a percentage of the cost of the works and is paid in one go. It follows the property and not the owner: if you sell, it benefits the buyer for the remaining period, which makes it one of the few site costs recovered in the sale price.
What Home Select organises for insuring your works
Works are costed before the purchase offer, not after: your Home Select property finder brings a contractor or a project manager to the second viewing, so that the price offered accounts for what remains to be done.
After the signing, we introduce the project manager or architect who runs the project in your place, and the concierge service that opens the door and photographs progress. Running the works, the quotes and the handover are theirs, under their responsibility: our role is that there is a single point of entry.
Frequently asked questions
Which works require damage-to-works insurance?
Those covered by the ten-year guarantee, that is works affecting the soundness of the structure or elements that make it unfit for purpose: structural work, framing, watertightness, heavy insulation, embedded services, conservatory, adding a storey. Replacing a boiler or laying a floor covering are not in principle covered by the ten-year guarantee, so not by the obligation.
What is the risk of not taking it out?
A private individual having works done on a home they, or their family, occupy incurs no criminal penalty. The risk is purely economic, and twofold: in the event of a defect you must prove the company’s liability in court before being compensated, which takes years; and on resale within ten years, the buyer sees the absence of insurance in the deed and negotiates, when they do not walk away.
Can it be taken out after the works have started?
No, and that is why so many projects go without it: it must be taken out before the works begin, and insurers systematically decline a file submitted afterwards. So-called regularisation policies exist, but they are rare, expensive, and conditional on a prior survey of the works already carried out.
What is building damage insurance for?
To be compensated quickly, without waiting for a court to name the party at fault. On a simple claim for a defect falling under the ten-year guarantee, the insurer must rule on cover within sixty days and make a compensation offer within ninety days; it then turns against the company at fault and its insurer itself. Without it, the same proof goes through a court-appointed expert assessment that often takes several years.
Which file is needed to take out building damage insurance?
The description of the works and the signed quotes, each company’s ten-year insurance certificate, valid and covering the activity carried out, the plans and the technical study if there is one, the name of the project manager or architect, and the planned site opening date. The file is put together alongside the quotes, since everything is decided before day one.
Does building damage insurance benefit the buyer on resale?
Yes. It follows the property, not the owner: sold within ten years, the property passes the cover to the buyer for the remaining period, and the deed of sale mentions the works done and the insurance taken out. It is one of the few site costs that shows up in the price; its absence, conversely, opens a negotiation.
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