Ten-Year Guarantee and Buying a Recently Built Home: What the Purchaser Takes Over

Buying a new house or an apartment delivered three, five or seven years ago puts the purchaser in a particular position: the property remains covered by construction guarantees of which they were not the original beneficiary. Cracks appearing on a façade, water ingress through a flat roof, subsidence of a floor slab: these defects may fall within a ten-year guarantee that is still running, even if the seller is not the builder. But one must know that this protection is transferred, how it works, and above all which documents to request before signing. This article sets out what the purchaser of a home less than ten years old takes over and the checks to be made at the preliminary sale agreement (compromis de vente) stage.

What the ten-year guarantee covers

The ten-year guarantee (garantie décennale) is not an insurance policy like any other: it is a liability regime laid down by the French Civil Code, which weighs on builders for ten years from acceptance of the works. Understanding this regime is essential for a purchaser, because it determines what they can claim, and from whom.

The legal basis

The central provision is Article 1792 of the French Civil Code:

Any builder of a work is liable as of right, to the client or the purchaser of the work, for damage, even resulting from a defect in the ground, which compromises the solidity of the work or which, affecting it in one of its constituent elements or one of its items of equipment, renders it unfit for its purpose.

Two expressions deserve the buyer's attention. First, the purchaser: the provision expressly refers to the successive owner, which is the basis for the transfer of the guarantee. Second, as of right: the builder's liability is presumed, without the victim having to prove fault. It is enough to show the damage and its connection to the construction.

The starting point of the ten years is fixed by Article 1792-4-1 of the French Civil Code: the period runs from acceptance of the works (réception), the pivotal date that will recur at each stage of the reasoning. Acceptance is the act by which the project owner (maître d'ouvrage) accepts the work, with or without reservations. It is in principle formalised by a report.

The defects covered

The ten-year guarantee does not cover just any defect in workmanship. It covers two categories of damage:

• damage that compromises the solidity of the work (through-cracks, subsidence of foundations, partial collapse);
• damage that renders the work unfit for its purpose (water ingress making a room uninhabitable, lack of watertightness of the roof, defective insulation making the home unusable).

Case law also accepts that certain items of equipment that form an inseparable part of the structure fall within the ten-year guarantee where their failure renders the work unfit for its purpose, for example an underfloor heating system integrated into the slab.

The guarantees that accompany the ten-year guarantee

The ten-year guarantee forms part of a set of three statutory guarantees that differ in duration and scope:

• the completion guarantee (garantie de parfait achèvement), of one year from acceptance (Article 1792-6 of the French Civil Code), which requires the builder to remedy all defects notified at acceptance or appearing within the year;
• the functioning guarantee, known as the two-year guarantee (garantie biennale), of two years (Article 1792-3 of the French Civil Code), which covers items of equipment that can be separated from the structure (shutters, taps and fittings, non-integrated boiler);
• the ten-year guarantee, of ten years, for the most serious damage described above.

For a property less than ten years old, almost always only the ten-year guarantee can still be relied on, the completion guarantee and the two-year guarantee having generally expired. It is therefore on this guarantee that the purchaser must concentrate their attention.

Ten-year guarantee and insurance: two notions not to be confused

Many buyers equate the ten-year guarantee with an insurance policy. In reality, a distinction must be drawn between liability (which is the debtor of the repair) and insurance (which funds that repair). This distinction governs the way the purchaser will be compensated.

The builder's ten-year liability insurance

Every builder, building contractor, craftsman, architect or project manager (maître d'œuvre) must take out insurance covering their ten-year liability before the start of the works. This mandatory ten-year liability insurance is imposed by Article L241-1 of the French Insurance Code. Failure to take it out is, moreover, a criminal offence.

In practical terms, if a ten-year defect appears, the builder's insurer takes charge of the repair. This is what protects the victim against the insolvency or disappearance of the contractor, provided the insurance was in fact taken out.

Construction damage insurance (assurance dommages-ouvrage)

Alongside the builder's insurance there is a second insurance, taken out this time by the person having the work built. Article L242-1 of the French Insurance Code requires the project owner to take out construction damage insurance before the start of the works:

Any natural or legal person who, acting as owner of the work, as seller or as agent of the owner of the work, has construction works carried out, must take out before the start of the site, on their own behalf or on behalf of the successive owners, insurance guaranteeing, irrespective of any determination of liability, payment of the whole of the cost of repair works for damage of the kind for which the builders are liable.

The value of construction damage insurance is crucial for the purchaser: it allows compensation to be obtained quickly, irrespective of any determination of liability, without waiting for the outcome of proceedings against the builder. The insurer pre-finances the works, then turns against those responsible. And the text says so expressly: the insurance is taken out on behalf of the successive owners. This is the legal foundation of the transfer to the buyer.

The ten-year guarantee for an individual who has had a house built (garantie décennale pour particulier)

One point deserves attention for individuals. An individual who has a house built or heavily renovated is, within the meaning of the law, a project owner and must in principle take out construction damage insurance. In practice, many individuals do not do so, in particular for works entrusted to a craftsman without going through a detached house builder. This absence of ten-year guarantee cover for individuals on the construction damage insurance side does not erase the ten-year liability of the contractors involved, but it deprives the purchaser of rapid pre-financing. This is a point that the buyer of a recent property must absolutely clarify before signing. The legal framework of this obligation and its scope of application are set out in our article on mandatory construction damage insurance.

The ten-year guarantee follows the property, not the first owner

This is the principle that changes everything for the buyer of a home less than ten years old: construction guarantees are attached to the work and pass to successive owners. The purchaser does not need an express assignment in the deed of sale to benefit from them.

The basis of the transfer

The transfer rests on two pillars. First, Article 1792 of the French Civil Code refers directly to the purchaser of the work as the beneficiary of ten-year liability. Second, Article L242-1 of the French Insurance Code provides that construction damage insurance operates for the benefit of successive owners. Case law has long considered that the action under the ten-year guarantee is an accessory of the thing sold, which passes automatically with ownership of the property.

In practice, this means that if a buyer acquires in 2025 a house accepted in 2020, they benefit from the remainder of the ten-year guarantee until 2030, and may act against the builders and their insurers for a defect appearing after their purchase.

What is not transferred automatically

Care must nonetheless be taken not to confuse everything. The builders' ten-year liability passes as of right. But the documents and information needed to activate this guarantee do not circulate automatically. Without a report of acceptance, without insurance certificates, without the contractors' contact details, the purchaser holds a right that they will have great difficulty exercising. The legal transfer is a given; the transfer of documents has to be negotiated and checked at the preliminary agreement stage.

What the purchaser of a home less than ten years old actually takes over

Let us look at this from the buyer's point of view. What exactly do they obtain by signing for a recent property?

The remainder of the ten-year guarantee

The purchaser takes over the time remaining to run on the ten-year guarantee, calculated from the date of acceptance. For an apartment accepted six years ago, four years of cover therefore remain. This remainder covers defects of ten-year seriousness, whether they appeared before or after the sale, provided they come to light within the ten-year period.

Take a concrete example. A couple buys in 2025 a detached house delivered in 2019. In 2027, major cracks run through a load-bearing wall and compromise the stability of the work. Although the defect appears two years after the purchase and eight years after construction, the ten-year guarantee (which runs until 2029) can be relied on. The purchasers may act against the builder and its insurer.

The benefit of construction damage insurance

If the first owner did take out construction damage insurance, the purchaser inherits it. This is a considerable asset: in the event of a claim, they notify the damage to the construction damage insurer, which pre-finances the repairs without waiting for the outcome of the determination of liability. This insurance follows the property for the whole ten-year period.

The two-year guarantee and the completion guarantee, residual

For a property less than two years old, the purchaser may still benefit from the two-year guarantee on separable equipment, and possibly from the completion guarantee if the property is still within the first year. These cases are rarer on the resale market, but a property bought in a VEFA (sale of property off plan) and then quickly resold may give rise to them.

The points to check at the preliminary sale agreement

The preliminary sale agreement is the decisive moment. It is there that the purchaser must obtain the information and documents that will allow them, when the time comes, to activate the guarantees. A well-drafted agreement protects the buyer; an agreement with gaps exposes them to discovering too late that they can claim nothing.

Check the date of acceptance of the works

This is the first piece of information to obtain, because it conditions everything else. The date of acceptance fixes the starting point of the ten years and makes it possible to calculate the remainder of the guarantee. It appears on the report of acceptance. The purchaser must require this document and check that the date stated matches reality. A difference of a few months may matter at the end of the ten-year period.

Request the insurance certificates

The buyer must request two types of certificate:

• the construction damage insurance certificate taken out by the project owner, which proves the existence of pre-financing and makes it possible to identify the insurer to be notified;
• the ten-year insurance certificates of the builders involved, which identify the contractors' insurers and cover the period of the works.

Without these documents, the purchaser retains their rights in principle, but will have to carry out a laborious investigation to trace the insurers concerned, sometimes several years later. It is better to obtain these documents before signing.

Obtain the report of acceptance and its reservations

The report of acceptance gives not only the date: it also states the reservations made at acceptance. These reservations point to defects identified from the outset. If they have not been lifted, the buyer must know that they are taking over a property with known defects, which may justify a price negotiation or a specific clause.

Enquire about earlier claims and defects

The seller of a recent property must be asked about any claims already notified, expert investigations in progress or remedial works carried out. A defect already dealt with under the ten-year guarantee, or a court-ordered expert investigation in progress, changes the position. The purchaser has an interest in having a declaration by the seller inserted in the agreement on the absence of defects or of any dispute in progress, and on the handing over of all related documents.

Gather the technical documentation

Beyond the guarantees, the buyer of a recent home must collect a complete technical file: contractors' invoices and quotes, plans, descriptive notice, certificate of conformity, and for a resold VEFA, the original reservation contract. These documents make it possible to identify those involved and to reconstruct the chain of liability in the event of a defect.

Secure everything by a clause in the agreement

The ideal is to include in the agreement a clause requiring the seller to hand over all these documents no later than signature of the notarial deed: report of acceptance, construction damage and ten-year insurance certificates, invoices for the works, and a declaration on claims. This documentary requirement, often neglected in standard agreements, makes all the difference when a defect arises three years later.

What to do in the event of a defect after the purchase

Suppose a defect appears after the acquisition of a property less than ten years old. The course of action depends on the seriousness and the insurance available.

Identify the applicable guarantee

The defect must first be characterised. Is it damage that compromises solidity or renders the home unfit for its purpose? If so, the ten-year guarantee applies, provided that acceptance took place less than ten years ago. If it is a mere cosmetic defect or a separable item of equipment, other regimes, often expired, come into play. This technical characterisation frequently justifies the involvement of an expert.

Notify the claim to the construction damage insurer

Where construction damage insurance exists, notification to that insurer is the quickest route. The insurer appoints an expert and, if the claim falls within the ten-year guarantee, pre-finances the works within time limits set by the French Insurance Code. The purchaser does not have to identify the builder at fault themselves: the insurer will then turn against those responsible. These time limits and the sanction attached to the insurer's silence are detailed in our article on making a claim under construction damage insurance.

Act against the builders and their insurers

In the absence of construction damage insurance, or if the insurer disputes the claim, the purchaser may act directly against the builders and their ten-year insurers, on the basis of Article 1792 of the French Civil Code. Since liability arises as of right, it is enough for them to establish the damage and its ten-year character. This is where the documentation collected at the preliminary agreement stage takes on its full value, since it makes it possible to identify the defendants. The procedure to follow, from formal notice to action on the merits, is set out with a template letter in our article on how to enforce the ten-year guarantee against a craftsman.

Observe the ten-year time limit

Proceedings must be brought before the expiry of the ten-year period. Once ten years have elapsed from acceptance, the guarantee lapses. A purchaser who discovers a defect at nine years and eleven months must act without delay, generally by seeking a court-ordered expert investigation to interrupt the running of the period.

Conclusion

Buying a home less than ten years old means acquiring a property but also a body of guarantees that appears nowhere in the advertised price. The builders' ten-year liability and, where applicable, construction damage insurance pass as of right to the purchaser: on this point, the law protects the buyer without their having to ask. But this protection remains theoretical as long as the purchaser does not hold the evidence that will allow them to exercise it. The buyer's real weakness is not legal, it is documentary.

The stance is therefore clear: never sign a preliminary agreement for a recent property without having obtained the date of acceptance, the report, the construction damage and ten-year insurance certificates, and a declaration by the seller on the absence of any claim in progress. Have a clause inserted in the agreement requiring these documents to be handed over no later than the notarial deed, and have the consistency of these documents checked by your adviser before committing. It is this upstream rigour that will turn an abstract right into actual compensation on the day a defect comes to light.

Frequently asked questions

Is the ten-year guarantee transferred automatically to the new purchaser? Yes. Article 1792 of the French Civil Code expressly refers to the purchaser of the work as beneficiary, and Article L242-1 of the French Insurance Code provides that construction damage insurance operates for the benefit of successive owners. Case law treats the ten-year action as an accessory of the thing sold, passing as of right with ownership. No express assignment in the deed is necessary.

How is the remaining ten-year guarantee period on a purchased property calculated? The ten-year period runs from the date of acceptance of the works, fixed by Article 1792-4-1 of the French Civil Code. It is enough to add ten years to this date to obtain the end of cover. For a property accepted six years ago, four years of ten-year guarantee remain. The date appears on the report of acceptance, a document that must absolutely be requested.

Is construction damage insurance mandatory for an individual who has a house built? Yes, Article L242-1 of the French Insurance Code requires the project owner, including an individual, to take out construction damage insurance before the start of the works. In practice, many individuals do not take it out, in particular for works entrusted directly to craftsmen. This absence does not remove the contractors' ten-year liability, but deprives the purchaser of rapid pre-financing of repairs.

What documents should be requested from the seller for a home less than ten years old? The report of acceptance (with its reservations), the construction damage insurance certificate, the builders' ten-year insurance certificates, the contractors' invoices and quotes, and a declaration on the absence of any claim or dispute in progress must be obtained. The ideal is to insert in the agreement a clause requiring these documents to be handed over before the notarial deed.

Can the ten-year guarantee be relied on for a defect that appeared after the purchase? Yes, provided the defect is of ten-year seriousness (impairment of solidity or unfitness for purpose) and comes to light within ten years of acceptance. It does not matter that the damage appears after the sale: the purchaser takes over the remainder of the guarantee and may act against the builders and their insurers, or notify the claim to the construction damage insurer.

What happens if the seller does not have the insurance certificates? The purchaser's right to the ten-year guarantee subsists, because it is attached to the work. However, the absence of certificates makes exercising this right much more difficult, since the insurers concerned will have to be traced, sometimes several years after the works. This deficiency justifies a negotiation, a reinforced warranty clause, or even a reservation before signing.

Does the ten-year guarantee cover cosmetic defects? No. The ten-year guarantee covers only damage that compromises the solidity of the work or renders it unfit for its purpose. A purely cosmetic defect, such as a non-conforming paint colour or an imperfect finish, falls within the completion guarantee (one year) or a contractual dispute, not the ten-year guarantee. The characterisation of the defect is decisive and often justifies an expert investigation.