On October 29, 2026, Samir Rhimini submitted a formal written question to the Ministry of Economy
On October 29, 2026, Samir Rhimini submitted a formal written question to the Ministry of Economy, Finance, and Industrial, Energy and Digital Sovereignty regarding the enforcement of mandatory decennial liability insurance in the French building sector, senat.fr reported.
The Enforcement Gap in the French Building Sector
Decennial liability insurance stands as a fundamental consumer protection mechanism under Articles 1792 and following of the French Civil Code, paired with insurance mandates set by Article L. 241-1 of the Insurance Code. The coverage safeguards project owners against severe structural defects that compromise building integrity or render a structure unfit for its intended purpose. This obligation applies universally across all construction entities, regardless of whether a firm operates as a micro-enterprise, a limited liability company, or a simplified joint-stock company.
Yet the fiscal reality on the ground diverges sharply from statutory requirements. Insurance premiums for decennial coverage can consume up to 8 percent of total turnover depending on the specific trade. Law-abiding operators shoulder this substantial overhead, while non-compliant contractors operate without valid or tailored coverage, creating an acute market distortion.
That uneven enforcement exposes clients to severe financial and structural risks when builders lack proper backing or hold policies misaligned with their actual site operations. A March 21, 2024, Court of Cassation ruling narrowed the scope of mandatory decennial guarantees for equipment installed on existing structures, compounding the legal ambiguity surrounding operational oversight.
Rhimini Demands Data on Insurance Compliance and Sanctions
Samir Rhimini pressed the ministry to identify which administrative authority holds primary responsibility for policing mandatory decennial insurance compliance across the construction industry, particularly among micro-enterprises. The inquiry demands data on pre-job and on-site verification protocols used to check active policy validity against actual site activities.
The parliamentary filing requests specific figures on the volume of administrative audits conducted over the preceding three years alongside exact counts of penal or administrative sanctions handed down under Article L. 243-3 of the Insurance Code. Lawmakers are also pressing the executive branch to evaluate whether stricter traceability frameworks, such as a national registry or a centralized digital verification portal for insurance certificates, should be deployed to restore fair competition.
Securing proper coverage remains a mandatory overhead cost for firms seeking to shield themselves from liabilities tied to structural defects.