Ten years and building materials in France: what you need to know
As you probably know, the decennial ensures the important work of a building site or the inseparable elements of the building for a period of ten years. This protection is generally the business of craftsmen who put their hands to the work and carry out the most important work or likely to have serious consequences on the work in the event of damage. What you may not have known is that material suppliers may also need a decennial. We explain to you.
Building material suppliers: does the ten-year guarantee apply to me?
Whatever type of materials you provide, even more if they are specific, from the moment you have an advisory role in how your materials should be used (techniques, specific instructions, preparation, etc.) by the 'craftsman builder, then your ten-year civil liability may be engaged in the following cases:
• The improper use of your materials has resulted in a disaster impacting the solidity of the structure concerned
• The improper use of your materials has made the object for which the habitat was intended unfit
• The improper use of your materials has damaged an item of equipment inseparable from the frame
As a supplier, you should not take this lightly since the law, within this indicated perimeter, can attribute you the quality of manufacturer, likely to make you responsible.
How long have material suppliers been covered by the 10-year warranty?
Even if the Spinetta law dates from the 1970s and has changed little, in 2018 (February 28 n ° 17-15.962), the Court of Cassation ruled that material suppliers were affected by this obligation in terms of ten-year insurance.
The judgment remains vague after all and depending on the contract with your customers, your responsibility may be waived, however, to avoid any risk which could prejudice you personally (even if you exercise through a legal person), it's best to have up-to-date coverage.