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Title IV: Construction insurance

Article L241-1 of the French Insurance Code

Any natural or legal person whose ten-year liability may be engaged on the basis of the presumption established by articles 1792 et seq. of the French Civil Code must be covered by insurance. At the start of any worksite, they must provide proof that they have taken out an insurance policy covering this liability. Any candidate for a public contract must be able to prove that he has taken out…

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Article L241-2 of the French Insurance Code

Anyone who has building work carried out for someone else must be covered by liability insurance to cover the damage referred to in articles 1792 and 1792-2 of the Civil Code and resulting from his own actions. The same applies when the building work is carried out with a view to sale.

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Article L242-1 of the French Insurance Code

Any natural or legal person who, acting in the capacity of owner, vendor or agent of the owner of the building, has building work carried out, must take out insurance before the start of the worksite, on its own behalf or on behalf of successive owners, guaranteeing, without any search for liability, payment of all the work required to repair damage of the kind for which builders within the meaning…

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Article L242-2 of the French Insurance Code

In the cases provided for by articles 1831-1 to 1831-5 of the Civil Code relating to property development contracts, as well as by articles L. 222-1 to L. 222-5 of the French Construction and Housing Code the obligations defined in articles L. 241-2 and L. 242-1 are incumbent on the property developer.

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Article L243-1 of the French Insurance Code

Insurance obligations do not apply to the State when it is building on its own behalf. Total or partial exemptions may be granted by the administrative authority to local authorities and their groupings, as well as to public establishments, which can demonstrate that they have the means to repair damage quickly and completely.

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Article L243-1-1 of the French Insurance Code

I.-The insurance requirements set out in articles L. 241-1, L. 241-2 and L. 242-1 do not apply to maritime, lake and river structures, road, port, airport, heliport and rail infrastructure, structures for the treatment of urban waste, industrial waste and effluent, and the equipment components of any of these structures. Roads, pedestrian walkways, car parks, other networks, pipelines, lines or cables and their supports, energy transport, production, storage and distribution…

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Article L243-2 of the French Insurance Code

Persons subject to the obligations set out in articles L. 241-1 to L. 242-1 of this code must provide evidence that they have fulfilled these obligations. The proof provided for in the first paragraph, when it relates to the obligations provided for by articles L. 241-1 and L. 241-2, takes the form of insurance certificates, attached to the estimates and invoices of the insured professionals. An order issued by the…

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Article L243-3 of the French Insurance Code

Anyone who contravenes the provisions of articles L. 241-1 to L. 242-1 of this code will be punished by six months’ imprisonment and a fine of 75,000 euros or one of these two penalties only. The provisions of the previous paragraph do not apply to individuals building a dwelling to occupy themselves or to have it occupied by their spouse, ascendants, descendants or those of their spouse.

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Article L243-4 of the French Insurance Code

Any person subject to compulsory insurance who, having applied to take out a policy with an insurance undertaking whose articles of association do not prohibit the assumption of the risk in question by reason of its nature, is refused, may refer the matter to a central pricing office, the conditions of constitution and operating rules of which are laid down by decree in the Conseil d’Etat. The exclusive role of…

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