Dommages-Ouvrage Insurance: Is It Mandatory in France?
2-4% of build cost] A -->|Partial self-build
some lots by pros| C[DO ON PRO LOTS] A -->|Full self-build| D[SPECIALIST INSURER
Difficult + expensive] D -->|No DO?| E{Risks} E --> F[Claim: court proceedings
3-5 years] E --> G[Resale compromised
value drops] style A fill:#0F4C81,stroke:#0F4C81,color:#fff style B fill:#56C6A9,stroke:#56C6A9,color:#fff style C fill:#F58220,stroke:#F58220,color:#fff style D fill:#FDB813,stroke:#FDB813,color:#fff style E fill:#FDFCF9,stroke:#C67A3C,color:#0F4C81 style F fill:#CD212A,stroke:#CD212A,color:#fff style G fill:#CD212A,stroke:#CD212A,color:#fff
What Is Dommages-Ouvrage Insurance?
Dommages-ouvrage (DO) insurance is a policy taken out by the project owner (you, the individual commissioning the build) before work begins on site. Its role is simple but essential: it provides fast reimbursement for repair costs in the event of a claim covered by the ten-year structural warranty (garantie décennale), without waiting for a court to determine liability.
Created by the Spinetta law of 4 January 1978, it is set out in Article L. 242-1 of the French Insurance Code.
What Does Dommages-Ouvrage Cover?
The DO covers defects of a decennial nature, meaning construction faults that:
- Compromise the structural integrity of the building (structural cracks, foundation subsidence)
- Render the building unfit for its intended purpose (major water ingress, roof waterproofing failure, structural floor defects)
Examples of Covered Claims
| Claim | Nature | Covered by DO? |
|---|---|---|
| Through-cracks in a load-bearing wall | Structural integrity | Yes |
| Water ingress through the roof | Unfit for purpose | Yes |
| Slab subsidence | Structural integrity | Yes |
| Sound insulation defect making the home uninhabitable | Unfit for purpose | Yes |
| Peeling paint | Aesthetic | No |
| Door that does not close properly | Minor defect | No |
💡 Tip — The DO does not cover aesthetic damage or minor defects. These fall under the perfect completion warranty (1 year) or the proper functioning warranty (2 years). Make sure you understand all three levels of warranty.
Is It Really Mandatory?
Yes, legally, dommages-ouvrage insurance is mandatory for any project owner (private individual, developer, property company) commissioning construction work. This is required by Article L. 242-1 of the Insurance Code.
However, in practice, there is no direct criminal penalty for a private individual who fails to take it out. This is a paradoxical situation.
Why Take It Out Regardless?
The risks of not having DO coverage are substantial:
- In the event of a claim: you will have to bring legal proceedings against the builders to obtain compensation. This can take 3 to 5 years (or more) and cost thousands of euros in expert and legal fees.
- In the event of resale: if you sell the property within 10 years of completion without DO, you remain personally liable for the consequences of any decennial defect towards the buyer. The notary is required to mention the absence of DO in the deed of sale.
⚠️ Warning — The absence of dommages-ouvrage insurance can significantly reduce the resale value of your property. Some buyers will simply refuse to purchase an uncovered property, and notaries systematically flag this issue.
The Self-Build Scenario
If you build your house entirely yourself (full self-build), the situation is complex:
- The legal obligation for DO still applies
- But finding an insurer willing to cover a self-build project is extremely difficult, as there is no professional whose ten-year liability can be invoked
- Some specialist insurers offer policies, but at very high premiums
In a partial self-build scenario (you carry out some works yourself and entrust others to professionals), DO remains relevant for the lots handled by contractors.
How Much Does Dommages-Ouvrage Cost?
The cost of DO varies depending on the nature and value of the works:
| Construction cost | Estimated DO cost | Percentage |
|---|---|---|
| €100,000 | €2,500 to €4,000 | 2.5 to 4% |
| €200,000 | €4,000 to €7,000 | 2 to 3.5% |
| €300,000 | €5,500 to €10,000 | 1.8 to 3.3% |
The rate is generally degressive: the higher the construction cost, the lower the percentage. Budget on average 2 to 4% of the total construction cost.
💡 Tip — Take out your DO before the start of works. Many insurers will refuse to cover a project that has already begun. Allow for the subscription timeline — expect 2 to 4 weeks to receive your policy.
How to Take Out DO Insurance
- Contact several insurers or a broker specialising in construction insurance
- Provide the required documents: building permit, plans, contractor quotes, ten-year warranty certificates from all builders
- The insurer reviews the file and issues a proposal
- Sign the policy and pay the premium (in a lump sum, before work begins)
- Keep the certificate safe — it will be required when you sell the property
Dommages-Ouvrage vs Garantie Décennale: What Is the Difference?
These two insurance policies are complementary but quite distinct:
| Dommages-Ouvrage (DO) | Garantie Décennale | |
|---|---|---|
| Who takes it out? | The project owner (you) | The builder / tradesperson |
| Who is covered? | The property owner | The property owner (as beneficiary) |
| Speed of compensation | Fast (60 to 90 days) | Slow (court proceedings, several years) |
| Duration | 10 years after handover | 10 years after handover |
| Role | Pre-finance repairs | Cover the builder’s liability |
The DO acts as a pre-financing mechanism: the insurer compensates you quickly, then recovers the amounts from the builder’s decennial insurer.
Dommages-Ouvrage Checklist
- Insurer or broker contacted before the start of works
- DO quotes requested from at least 2 to 3 insurers
- Documents provided (permit, plans, contractor quotes)
- Ten-year warranty certificates collected from all contractors
- DO policy signed and premium paid before works begin
- DO certificate stored with the property documents
- Notary informed of any absence of DO in case of resale
Key Takeaway
Dommages-ouvrage represents a significant cost, but it is essential protection. It saves you years of legal proceedings in case of serious defects and secures the resale of your property. In a building project, it is an investment you will never regret.