The ACiM, professional union of the Actors of Industrialized and Modular Construction, wished to bring clarity to the question of the ten-year insurance requested from module rental companies by their customers, in a note drafted by specialized lawyers. Explanations.
The main missions of the ACiM (Association of Industrialized and Modular Constructions) are to promote the modular construction and industrialized buildings trades and to represent them before all standards or regulatory bodies. Today, the union brings together the 47 main players in this sector.
Decennial insurance is a type of insurance established by law and is often associated with “Damage – work insurance”. Frequently, module rental companies wonder whether it is mandatory to take out this insurance when renting modules. This is why ACiM, with the aim of ” to provide rental professionals with modular solutions, all the arguments needed to defend their interests », Provides some clarifications to this question.
This document that the association reveals to us recalls the legal framework for the rental of modules, excluding submission to the ten-year liability of the simple lessor.
Can ten-year insurance be required from module rental companies?
In the first case where the rental entails the delivery of a good without transferring the ownership, the module lessor concludes a contract for the rental of the good, and not a contract for the work. Once the contract is signed, the lessor temporarily transfers the enjoyment of the thing, but retains ownership of the modules. The ten-year liability concerns the owners or owners only. The module tenant is excluded.
In the second case where the rental of modules is an operation of a movable nature, the modules rented for a limited period are uninstalled and transported. They cannot therefore be qualified as a building or a structure. Certain categories of quasi-works and EPERS lead to subjecting certain items of furniture to ten-year liability. The ACiM indicates, however, that even if these categories were to relate to the modules, this would not be sufficient to entail the application of the ten-year liability, due to the absence of work leasing and the quality of tenant and not of owner. of the lessee.
It should be noted that the French modular market today represents nearly 4,000 jobs for a turnover of nearly € 1 billion.
You can find the full note on the website of AciM.
Marie Gerald
Photo from Une: © AdobeStock
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