Damage-Browsing (DO)
The non-contractual insurance (MA) is intended to guarantee, in addition to any search for liability, the payment of all damage repairs for which the manufacturers, manufacturers or the technical controller are liable, for 10 years from the receipt of the facility.
Thus, OD guarantees damage which compromises the solidity of the structure or which renders it unfit at its intended purpose as well as damage affecting the strength of the equipment elements inseparable from the structure (those whose removal, disassembly or replacement cannot be carried out without damaging or removing part of the work).
Insurer DO shall promptly indemnify (without the need for a court decision to intervene) in the cost of repair work for damage of a 10-year nature. The insurer subsequently lodges its actions against the responsible manufacturer(s) and their 10-year liability insurers.
Since the Spinetta Act of 1978, this insurance has been compulsory for both individuals and professionals in all work covered by the 10-year guarantee on:
- New buildings (residential building, detached houses, industrial buildings, etc.),
- Work carried out on existing ones (rehabilitation work where they are likely to affect the general behaviour of the building)
Who should take out work-related insurance?
- The owner of the work (Linger Credit, Union of Condominium)
- The seller (Manager of detached houses, Vendor of Building to be renovated, Building Seller in Build)
- The authorised representative of the owner of the project (Real estate promoter/Deputy principal)
Additional guarantees of the compulsory guarantee
Additional guarantees
– The Non-Maker-Making (CNR) Guarantee
Purpose of the guarantee
It guarantees the compulsory 10-year responsibility of a person who does not build, but builds works for others or for sale.
Who is affected by the NCRE guarantee?
- Developers, sellers of buildings to be built (Sale in State Future of Completion), delegated developers, merchants of property, common-stock builders,
- Individuals when they have their home property built and decide to sell before the expiry of a period of 10 years after receipt of the work.
– The Contractor’s Civil Liability (MRC)
Purpose of the guarantee
In order to anticipate the risks associated with the work that the developer carries out or has done by builders, whether in the context of a renovation or a new construction, the Contractor must protect himself against damage that may be caused to third parties during the course of the construction site.
The RCMO guarantee makes it possible to cover personal, material and immaterial damage caused to third parties as a result of the construction or renovation operation. It must be subscribed to before the opening of the site and shall apply until the date of receipt of the works.
– All-Risk Insurance (CTR)
The TRC policy provides global insurance for the site for certain events such as a collapse, a fire, a water damage, a storm, the theft of materials and equipment from their depot on the site, up to the total cost of the construction site.
It applies from the opening of the site until the reception of the work. It is for the benefit of all the participants on the site.
– The Intangible Damage Guarantee
This guarantee covers the reimbursement of compensation for intangible damage provided that it results from material damage guaranteed by the contract and occurring after receipt.
– The guarantee of proper functioning
The Service for the Service of Proper Service (so-called Biennial Guarantee) covers, for two years after the receipt of the work, the repair or replacement of the equipment elements (which may be removed, dismantled or replaced without damaging the work they are equipped) which are no longer in operation.
– The Guarantee of Damage to Existing Others:
This guarantee covers, within ten years of receipt of the new work, the compensation of material damage suffered by the parts of the existing structure as a result of the execution of new works.
“Extent” means the old parts of an existing construction before the construction on, under or in which the work is carried out.
The guarantee shall apply to damage which:
- compromise the strength of the latter, or render them unfit at their destination,
- resulting directly from damage guaranteed under the mandatory guarantee.