The exclusions of the ten-year warranty: what is never covered

The ten-year warranty (garantie décennale) has a reputation as a "covers-everything" insurance. That's false. Several categories of damage are systematically excluded from it — either because the law provides for it, or because the contracts spell it out. This article is aimed at construction professionals who want to know precisely the blind spots in their coverage in order to avoid nasty surprises.

Why are there exclusions?

The décennale is a heavy and costly insurance. Its scope was defined by the legislator to cover only what genuinely threatens the use or the durability of the structure. There are three broad families of exclusions:

Statutory exclusions: laid down by the Code civil (Civil Code) and the Code des assurances (Insurance Code)
Contractual exclusions: set out in your individual policy
Matters not covered by nature: situations that fall outside the scope of the décennale by definition

It's better to know them before a claim than to discover them at the moment the insurer refuses to pay.

Exclusion 1: purely cosmetic defects

This is the first major family of exclusions. The décennale is only concerned with damage that compromises the solidity or the intended use of the structure. Anything that relates to appearance without affecting use is excluded.

Typical examples:

Paint that flakes or dulls
Slightly misaligned tiling (without detachment)
Unevenly tinted rendering
Tile or stone joints that have faded slightly
Shrinkage microcracks
Small marks, stains, soiling
Slight differences in shade in wood or stone

These defects fall under the defect-liability warranty (garantie de parfait achèvement) if reported within the first year, or under no warranty at all beyond that. See our article on the three warranties owed by the builder.

Exclusion 2: normal wear and ageing

No insurance covers the normal wear and tear of a structure or a material. Materials acquire a patina, paints fade, wood changes colour, joints shrink: that's the natural order of things.

The following are therefore excluded:

Natural patina of materials
Ageing of finishes
Minor, gradual settling of the ground
Slow appearance of soiling on façades
Progressive discolouration of cladding

The line between normal ageing and a defect in workmanship is sometimes thin. In the event of a dispute, it is the expert assessment that decides.

Exclusion 3: lack of maintenance and abnormal use

The company is not liable for the consequences of misuse or lack of maintenance by the property owner. This exclusion rests on the notion of "external cause" (cause étrangère) provided for by article 1792 of the Code civil.

Concrete cases:

A roof that is never cleaned: vegetation blocking the gutters, resulting infiltrations
Central heating that is never serviced: premature breakdowns
Poorly drained ground after the works: rising damp
A mechanical ventilation unit (VMC) clogged from lack of cleaning: condensation and mould
Pipes misused (wipes flushed away, harsh chemicals)

Exclusion 4: separable equipment

Equipment that can be dismantled without damaging the structure falls under the two-year warranty (garantie biennale), not the décennale. This includes:

Unsealed radiators
Motorised roller shutters
Interior doors
Mixer taps, general plumbing fixtures
Blinds
Intercoms, alarms
Hobs, extractor hoods, dishwashers

After 2 years, this equipment is no longer covered by any statutory warranty (except the manufacturer's commercial warranty).

Exclusion 5: force majeure

Article 1792 provides that the builder can be released from liability by proving an external cause. Among the most frequent cases:

Earthquake beyond the intensities provided for by local standards
Exceptional storm exceeding the wind speeds the structure was designed for
Hundred-year flood that was unforeseeable at the time of construction
Act of war, terrorist attack, riot
Fault of a third party not acting on behalf of the builder

Be careful: the case law is demanding. An "ordinary" storm that tears off a poorly fixed roof will not be classed as force majeure. What matters is the unforeseeable and insurmountable nature of the event.

Exclusion 6: structures outside the scope

Certain structures, by their very nature, fall outside the scope of the civil ten-year liability. For example:

Pure civil engineering works (bridges, dams, national highways): these fall under other regimes
Pure movable works (unfixed fitted kitchen, dismountable wardrobe)
Maintenance or light renovation works that do not alter the structure
Agricultural works not connected to a residential or commercial building

The dividing line depends on the contract and on a case-by-case analysis.

Exclusion 7: claims linked to a pre-existing defect

If the damage originates in a pre-existing element not caused by the works (deterioration of the existing building, prior defects), the company's ten-year liability does not apply.

Examples:

Cracks in a wall retained during a renovation
Subsidence of old foundations not touched by the works
Long-standing damp continuing after re-rendering

This is why, before any work on an existing building, it is essential to document the initial condition (photos, a bailiff's report on high-risk sites, plans).

Contractual exclusions: read your policy!

Common contractual exclusions include:

Activities not declared when the policy was taken out
Sites abroad or in the overseas territories
Claims linked to asbestos or to certain high-risk materials
Undeclared subcontracting
Sites exceeding a certain value (above the cap)
Claims arising from a failure to comply with good building practice (règles de l'art) or the standards in force

A few good practices:

Declare your activities precisely when taking out the policy, without forgetting any
Update your certificate every year if you add an activity
Read the per-claim caps and the deductibles in your contract
Systematically document the initial condition of renovation sites
Give a maintenance logbook to every client
Keep all evidence (quotes, before/during/after photos, handover reports)

In summary

The décennale excludes cosmetic issues, wear and tear, lack of maintenance and abnormal use
Separable equipment falls under the biennale, not the décennale
Force majeure can release the builder from liability, under strict conditions
Each contract adds its own exclusions, to be read carefully
Document everything: it's your best protection in the event of a dispute

Need support?

Do you want to check that your décennale policy properly covers all your activities without a costly blind spot? Our team of brokers compares and analyses the exclusions to offer you coverage with no surprises. Request a personalised quote or get in touch with an adviser.