Title IV: Building insurance

Articles in this section · 8

Article A243-4

French Insurance CodeIn force

Updated 7 Nov 2023

Where the insurance certificate provided for in article L. 243-2 relates to a collective ten-year liability policy taken out in addition to the individual policies guaranteeing the ten-year liability of each of the builders, it shall include the words: "Compulsory collective ten-year liability insurance certificate".

The certificate must include the following information:

a) The name and address of the subscriber, and if applicable, the company name;

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

c) The number of the insurance contract;

d) The date on which the certificate was drawn up.

The certificate sets out the characteristics of the construction operation as declared to the insurer:

-the address, nature and cost of construction;

-the date on which the site was opened;

-the nature of the techniques used.

It indicates the persons insured and the absolute excess applicable to each of them.

This information must be included in the insurance certificate in accordance with the following formula to be reproduced:

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

The contract covers the following insured persons, over and above the absolute excess mentioned: (to be completed by the insurer).

In the event that these characteristics are modified, the insured shall inform the insurer.

Nature of cover:

The policy 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 of the Insurance Code.

Duration and continuation of cover:

Cover applies for the duration of the insured party's ten-year liability under articles 1792 and 1792-2 of the French Civil Code. It is maintained in all cases for the same period.

Absolute excess:

For each of the insured parties, the policy covers the amount of repair work in excess of an absolute excess, which is equal to the cover limit of the individual ten-year insurance policies taken out by each of the insured parties, as mentioned above.

The excess is enforceable against everyone.

The insured undertakes to cover the portion of the risk constituted by this excess with cover at least equivalent to that set out in the standard clauses mentioned in appendix I to article A. 243-1.

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

Mariela Petrova

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Common Questions

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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