Defect-liability, two-year and ten-year warranties: understanding the builder's 3 warranties

When a project finishes, French law provides for three warranties that come into play one after another to protect the property owner. Telling them apart properly avoids nasty surprises and costly confusion. This article is aimed at construction professionals who want to know exactly what each warranty covers — and the threshold below which their liability ends.

The common starting point: the handover of the works

Before looking at each warranty, a word on their single starting point: the handover of the works (réception des travaux), governed by article 1792-6 of the Code civil (Civil Code). It is the act by which the property owner declares that they accept the works, with or without reservations.

This handover is embodied in a signed report (procès-verbal) between the property owner and the company. Three cases are possible:

• Handover without reservation: no defect reported
• Handover with reservations: visible defects listed on the report, to be put right within the defect-liability warranty period
• Refusal of handover: the property owner considers that the works are not in a fit state to be accepted

Without handover (even tacit), no warranty runs. It is therefore the key step for you as much as for the client.

Warranty 1: the defect-liability warranty (garantie de parfait achèvement, GPA)

Duration: 1 year

The GPA, provided for by article 1792-6 of the Code civil, is the broadest warranty in scope but the shortest in time. It runs for 1 year from handover.

What it covers

It obliges the company to repair all the defects reported by the property owner:

• At handover (reservations listed on the report)
• During the year following handover, by written notification

No threshold of severity is required. A door that doesn't close properly, a poorly finished joint, flaking paint: any defect reported within the period must be repaired.

Who is bound by it?

The company that carried out the works, without any mandatory insurance intermediary (unlike the décennale). If the company refuses, the property owner can have the work carried out by a third party at the company's expense.

Note

The GPA is not covered by the décennale insurance. It arises from your own contractual commitment. That is why it's important to manage this first year well: a quick return to the client costs less than a dispute.

Warranty 2: the two-year warranty (proper-functioning warranty)

Duration: 2 years

The two-year warranty, codified in article 1792-3 of the Code civil, runs for 2 years from handover. It is sometimes called the "proper-functioning warranty" (garantie de bon fonctionnement).

What it covers

It covers the separable equipment of the structure: equipment that can be dismantled, replaced or repaired without damaging the construction.

Concrete examples:

• Unsealed radiators and water heaters
• Motorised roller shutters
• Interior doors
• Taps and mixer fittings
• External blinds
• Intercoms, alarms
• Hobs, extractor hoods (if replaceable without breakage)

The "separable / inseparable" criterion

This is the decisive point. A radiator fixed to a wall with brackets can be taken down: it is separable, hence the biennale (2 years). Underfloor heating embedded in the screed cannot be removed without breaking the slab: it is inseparable, hence the décennale (10 years).

Who insures it?

The biennale is covered by professional civil liability insurance, sometimes included in the décennale contract, sometimes as a separate option. Check your contract.

Warranty 3: the ten-year warranty

Duration: 10 years

The décennale, provided for by articles 1792 et seq. of the Code civil and made mandatory by article L241-1 of the Code des assurances (Insurance Code), runs for 10 years from handover.

What it covers

As detailed in our other articles, it covers:

• Damage that compromises the solidity of the structure
• Damage that renders the structure unfit for its intended purpose
• The inseparable equipment of the structure

To go further on the damage covered, see our dedicated article on the damage genuinely covered by the décennale.

A distinctive feature: the presumption of liability

This is what makes the décennale unique: article 1792 establishes a presumption of liability against the builder. The property owner does not have to prove any fault, only the defect and its connection to the structure. It is up to the builder to prove an external cause in order to be released from liability.

Insurance obligation

Unlike the GPA and the biennale, the décennale is the only one of the three warranties subject to an insurance obligation backed by criminal penalties (up to a €75,000 fine and 6 months in prison).

Summary table

How do the three warranties fit together?

The three warranties can overlap in the first and second years. A single defect may, depending on its nature, fall under several warranties at once:

• During year 1: GPA + biennale + décennale can all be called on
• During year 2: biennale + décennale
• From year 3 to 10: décennale only

In practice, it is generally the warranty most favourable to the property owner that will be triggered, depending on the nature of the defect and the rules for calling on each one.

Practical case study: where does a common defect belong?

In summary

• 3 warranties run from handover: GPA (1 year), biennale (2 years), décennale (10 years)
• The GPA covers all reported defects; the biennale covers separable equipment; the décennale covers threats to solidity or intended use
• Only the décennale is subject to an insurance obligation backed by criminal penalties
• The warranties can overlap in the first few years

Need support?

Do you want to secure all the warranties that bear on your business, or are you wondering how professional civil liability, the biennale and the décennale fit together? Our team of brokers guides you in choosing your complete coverage. Request a personalised quote or get in touch with an adviser.