Creating a micro-enterprise in the construction sector can be done quickly, but it does not exempt individuals from the legal requirement to have decennial insurance. This type of insurance covers professionals for potential damages to buildings that may arise from their work over a 10-year period. According to the Insurance Code, any professional involved in construction work must have this coverage (Article L241-1). This obligation applies to everyone in the field, whether they are micro-entrepreneurs, sole traders, or larger companies. Working without this insurance can lead to serious consequences, including up to six months in prison and a fine of 75,000 euros (Article L243-3).
A decennial insurance contract must be in place before any construction work begins. One common mistake among new entrepreneurs is starting a construction site first and then trying to obtain insurance later. However, if a contract is signed after the work has already begun, it generally does not cover the site unless the insurer explicitly agrees to take over the risk, which is uncommon.
The scope of the insurance coverage depends on the specific activities listed in the contract. A decennial insurance policy does not cover "the building" in general but only the tasks explicitly included in the policy, as clarified by the Court of Cassation (3rd Civil Chamber, January 18, 2024, No. 22-22.781). For example, a plasterer performing a small masonry repair or a plumber working on a roof may not be covered for these specific tasks unless they are clearly listed in the policy.
Before signing an insurance contract, it is crucial to accurately list all the activities that will be carried out, not just the primary profession. The insurance details must be included on all quotes and invoices. According to the Artisan Code (Article L132-1), artisans and micro-entrepreneurs must include the mandatory professional insurance information, the insurer’s contact details, and the geographical coverage of the contract on each quote and invoice. Customers, syndics, and project managers often request this certificate before signing, making it an important commercial consideration as well.
Entrepreneurs without experience or formal qualifications may face rejections from insurers. However, the law provides an option: the Central Pricing Office can set the premium at which an insurer is required to cover the risk after a rejection (Article L243-4 of the Insurance Code). Some entrepreneurs even request insurance proposals before obtaining their SIRET number, finalizing the subscription once administrative formalities are completed. This approach allows them to start their business without risking the future of their activity from the first incident.
Decennial Insurance Obligations for Construction Micro-Enterprises in France
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