Does not misconstrue the clause of an insurance policy

This decision sheds important light on your property law rights. Here is what it changes for you.

The situation

The Court of Appeal, which, in order to bring within the scope of the insurer's cover the construction costs of a perimeter wall, found that its erection had not been originally planned, since the construction of the building, as designed, excluded the need for it, that it was therefore a work enabling the remedying of the damage caused to the structural works by the design defect, and that it therefore fell within the decennial guarantee, does not misconstrue the clause of a building owner's insurance policy which provides that works which should have been carried out to complete the construction properly and whose non-performance causes damage to the works are not covered.

What the law says

This decision confirms the fundamental principles of property law.

Points to remember

• Strictly comply with the statutory time limits for bringing proceedings
• Keep all your supporting documents (title deeds, instruments, correspondence)
• Be proactive: preventive advice always costs less than litigation

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.