What are the statutory compensation deadlines for Dommage Ouvrage insurance?

One of the great strengths of Dommage Ouvrage insurance is its speed: unlike a conventional court case, which can drag on for several years, Dommage Ouvrage imposes strict, legally defined deadlines on the insurer. But you need to know them in order to enforce them.

Why such tightly regulated deadlines?

The spirit of the loi Spinetta (the 1978 French construction insurance law) is clear: to allow rapid repair of ten-year (décennale) defects without waiting for liability to be legally established. That is why the French Insurance Code (Code des assurances) imposes a tight schedule on the Dommage Ouvrage insurer, with penalties for failure to comply.

The deadlines start to run from receipt of the complete claim file, meaning a file containing all the documents needed for the analysis.

The 60-day deadline: the decision to cover the claim

First milestone: the insurer has 60 days from receipt of the complete claim to notify you of:

• an acceptance of cover;
• a reasoned refusal (for example: the defect is not a ten-year defect, a contractual exclusion applies, or the file is incomplete);
• a request for additional documents (which suspends the deadline until they are received).

During this phase, the insurer usually appoints a technical expert to analyse the claim. The on-site visit should take place quickly, in practice within 30 to 45 days of the claim being filed.

The 90-day deadline: the compensation offer

Once cover has been accepted, the insurer has a further 90 days to make a detailed compensation offer. This offer must specify:

• the amount offered;
• the items covered (structural works, finishing works, ancillary costs);
• the payment terms (lump sum, instalments, direct payment to contractors);
• any deductibles applied.

In certain cases, this deadline may be extended by a further 135 days where the complexity of the file justifies it, provided the insurer informs the policyholder and obtains their express consent.

The 15-day deadline: payment

After the policyholder accepts the offer, the insurer must pay the compensation within 15 days. This payment may take the form of:

• a direct transfer to your account;
• a payment to the contractors handling the reinstatement;
• instalments tied to the progress of the works for major claims.

Emergency payments

Where protective measures are needed to limit the worsening of the damage (tarping a roof, pumping out water, shoring up), the insurer may be required to make a rapid interim payment, sometimes within a few weeks, without waiting for the full assessment to be concluded.

This interim payment is not an absolute right: it requires the emergency to be justified by objective evidence (expert's report, quotes for the protective measures).

Penalties for missing the deadlines

The legislator has provided for automatic penalties to deter delays:

• if the 60-day deadline is missed, the insurer can no longer refuse cover;
• if the 90-day deadline is missed, the policyholder may start the works and the compensation will be increased;
• in the event of late payment, the compensation is increased by interest equal to twice the statutory interest rate.

These penalties are a matter of public policy (d'ordre public): no contractual clause can derogate from them.

Why these deadlines can slip

In practice, several factors frequently lengthen the actual timeframes:

• incomplete file: each request for documents suspends the deadline;
• adversarial assessment: if the policyholder requests a second opinion, the schedule slips;
• technical complexity: some claims require heavy analysis (test drilling, geotechnical surveys);
• disagreement over the assessed amount: negotiating the offer can take several months.

Hence the importance of a perfectly prepared claim file from the outset. To find out more, read our Dommage Ouvrage claim filing guide.

What if the insurer drags its feet?

Several levers are available in the event of clear delay:

1. Serve formal notice (mise en demeure) on the insurer by registered letter with acknowledgement of receipt, citing the statutory deadlines and demanding a reply within 8 days.
2. Refer the matter to the insurance ombudsman (médiateur de l'assurance — free, independent mediation).
3. Call on your broker to put pressure on the insurer (a broker carries real commercial weight with the company).
4. As a last resort, bring legal action to obtain enforced performance and late-payment penalties.

The broker's role in managing deadlines

A specialist broker adds real value in managing deadlines:

• they prepare a complete file from the outset, which avoids back-and-forth;
• they track the schedule and flag critical deadlines;
• they negotiate with the company in the event of unjustified delay;
• they bring in a policyholder's expert when the claim requires it.

In summary

• 60 days: the deadline for the decision to cover the claim.
• 90 days: the deadline for the compensation offer after acceptance.
• 15 days: the deadline for payment after acceptance of the offer.
• Delays entitle you to increased interest (twice the statutory rate).
• A complete, well-monitored file is the best guarantee that deadlines are met.

Need support?

Enforcing compensation deadlines means knowing the legal framework and the available levers precisely. Our team of brokers supports you in choosing your Dommage Ouvrage insurance and in rigorously following up any claims. Request a personalised quote or get in touch with an adviser.