Title IV: Building insurance

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Article A243-3

French Insurance CodeIn force

Updated 7 Nov 2023

Where the insurance certificate relates to a ten-year liability insurance contract taken out by an individual taxable person, the insurance certificate provided for in Article L. 243-2 must bear the words "Attestation d'assurance" (Insurance certificate) and the words "Assurance de responsabilité décennale obligatoire" (Compulsory ten-year liability insurance) in a central position.

1° In all cases, it must include the following information:

a) The insured party's company name and address;

b) The insured party's unique identification number issued in accordance witharticle D. 123-235 of the French Commercial Code or the identification number provided for in articles 214 et seq. of Directive 2006/112/EC of 28 November 2006;

c) The name, registered office address and full contact details of the insurer and, where applicable, of the branch providing cover;

d) The contract number;

e) The period of validity;

f) The date on which the certificate was drawn up;

2° And, in accordance with the following assumptions:

a) Where the insurance certificate covers a series of construction operations, it indicates the scope of cover on the basis of the following characteristics:

-the activity(ies) or assignment(s) carried out by the insured;

-the date(s) on which the worksite(s) opened;

-the geographical extent of the construction operations covered;

-the cost of the construction operations;

-where applicable, the value of the insured's contract;

-the nature of the techniques used;

-where applicable, the existence of a collective ten-year liability contract and the amount of the absolute excess.

This information must be included in the insurance certificate in the following form, which must be reproduced:

The cover provided by this certificate applies to:

-the following professional activities or assignments: (to be completed by the insurer);

-work for which a worksite has been opened during the period of validity mentioned above. The term "commencement of work" is defined in Annex I to Article A. 243-1 ;

-work carried out in (geographical scope of construction operations covered to be specified by the insurer);

-works where the total construction cost excluding VAT for all trades (to be completed by the insurer, specifying whether or not this cost includes fees) declared by the project owner does not exceed the sum of (to be completed by the insurer) euros.

(To be added where applicable) This sum is increased to (to be completed by the insurer) euros if the insured has a collective ten-year liability contract with an absolute excess of maximum (to be completed by the insurer) euros;

-to the following works, products and construction processes: (to be completed by the insurer).

If the work carried out does not meet the above requirements, the insured shall inform the insurer.

b) Where the insurance certificate relates to a specific construction operation, it shall indicate the characteristics listed below, as declared:

-the address, nature and cost of the construction operation declared by the client;

-the activity(ies) or assignment(s) carried out by the insured;

-the date on which the site was opened;

-the nature and amount of the work carried out by the insured;

-the nature of the techniques used;

-where applicable, the existence of a collective ten-year liability contract and the amount of the absolute excess.

This information must be included in the insurance certificate in the following form, which must be reproduced:

The cover provided by this insurance certificate applies to the construction project with the following characteristics: (to be completed by the insurer)

If these characteristics change, the insured must inform the insurer.

3° The insurance certificate must also include the following wording in all cases:

Nature of cover:

The contract covers the insured's ten-year liability as established by articles 1792 et seq. of the French Civil Code, within the framework and limits provided by the provisions of articles L. 241-1 and L. 241-2 relating to the obligation to take out ten-year insurance, and for construction work on structures subject to this obligation, in accordance with article L. 243-1-1 of the same code.

The guarantee covers repair work, particularly in the event of replacement of the works, which also includes any demolition, clearing, removal or dismantling work that may be necessary.

Amount of cover:

In dwellings: the amount of cover includes the cost of work to repair damage to the structure.

Non-residential: the amount of the guarantee covers the cost of work to repair damage to the structure, up to the limit of the total construction cost declared by the client, but not exceeding the amount stipulated in I of article R. 243-3.

Where the insured has taken out a collective ten-year liability policy, the amount of cover is equal to the amount of the absolute excess stipulated by the said collective policy.

Duration and continuation of cover:

Cover applies for the duration of the insured's ten-year liability under articles 1792 et seq. of the French Civil Code. It is maintained in all cases for the same duration.

This certificate does not bind the insurer beyond the terms and conditions of the contract to which it refers.

Mariela Petrova

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Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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