THE DECENNIAL LIABILITY IN FRANCE
What is FOS?
Freedom Of Services (FOS) allows an authorized insurer in one of the 31 countries of the European Economic Area (EEA) to offer services in another EEA State. The construction companies from the European Economic Area (EEA), wishing to work in France, need in excess of their usual domestic insurance covers a specific French cover: the decennial liability. They can use their domestic insurer or search a local insurer in France. If they use their domestic insurer, they have to check if the insurance company is allowed to insurer the risks in France according to the Freedom of Services (FOS) system.
But working in France for construction companies require a specific cover: the decennial liability
DECENNIAL LIABILITY : Principles
The decennial liability is a protective mandatory guarantee starting usually at the handover of the construction and its application has been widely extended by law cases. However, the apparent simplicity of this approach is quite blurred by the complex interpretations of the guarantees and the different liabilities related to the construction law
The contractual decennial liability is related to the public safety rules and the French code of construction. The principle of the presumption of liability for a compulsory period of ten years by law guarantees for the different participants to the construction (architects, constructors, etc.) a physical and financial cover.