Question 14411 — insurance

Summary

Mr. Jean-Pierre Bataille draws the attention of the Minister of Ecological Transition, Biodiversity and International Negotiations on Climate and Nature to the difficulties encountered in the application of the construction insurance regime resulting from the law of January 4, 1978 relating to liability and insurance in the field of construction, known as the “Spinetta” law, and more particularly on the effective access of victims of natural disasters to the ten-year guarantee and structural damage insurance provided for by articles L. 241-1 and L. 242-1 of the insurance code. This system is based on a complementary mechanism combining ten-year liability insurance taken out by the builders and work damage insurance taken out by the project owner before the opening of the site. It aims to enable rapid compensation for damages. compromising the solidity of the constructions, without prior investigation of liability, during the ten years following receipt of the work. However, the effectiveness of this mechanism remains uneven. Building damage insurance is not systematically taken out during new construction or major renovation work, particularly following major disasters. This absence results from both a high cost and a perceived interest as limited by project owners and difficulty finding an insurer willing to offer this type of contract. These difficulties are particularly marked in the context of claims linked to the clay shrinkage-swelling (RGA) phenomenon. The absence of damage insurance or the difficulty in mobilizing the ten-year guarantee frequently leads to refusals of intervention, preventing the establishment of quotes or the realization of works and extending the deadlines for rehabilitating homes. The insurance code provides for the possibility of contacting the Central Pricing Bureau (BCT) in order to obtain the designation of an insurer required to guarantee a risk falling under compulsory insurance. This mechanism, intended to ensure the effectiveness of the insurance obligation, however seems insufficiently mobilized or does not always make it possible, in fact, to guarantee a effective access to the coverage sought, particularly within deadlines compatible with claims management. In its report published in June 2025, the High Commission for Strategy and Planning (HCSP) also highlights the limits of the construction insurance system in the face of increasing climate losses. He mentions in particular the hypothesis of an exclusion of these disasters from the natural disaster regime during the first ten years following construction, in order to more systematically mobilize the liability of builders under the ten-year guarantee. The report also notes the persistence of a failure to take out structural damage insurance, likely to extend repair times and increase the financial burden weighing on households. In this context, he asks what measures the Government intends to take in order to reinforce the effectiveness of the obligation to take out structural damage insurance and the ten-year guarantee, improve access to the BCT mechanism and guarantee those affected by natural disasters an insurance response within timeframes compatible with the rapid restoration of their homes.

Machine translation from French. The official text remains authoritative.

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