“All Risks Construction Site” (TRC) and “Ten-Year Civil Liability” (RCD) insurance are now compulsory, following the publication in the Official Bulletin of two ministerial decrees. The first relates to construction insurance while the second sets the standard general conditions applicable to TRC and RCD compulsory insurance contracts.
Developed on the proposal of the Insurance and Social Security Control Authority (ACAPS) and in application of the Insurance Code, these texts specify the key parameters of these two compulsory insurances, in particular the guarantee ceilings, the applicable deductibles, the exclusions, as well as the standard general conditions. They aim to protect the various players in the construction sector while guaranteeing a structured and secure framework for carrying out projects.
Regarding “All Risks Construction Site” insurance, it is obligatory for the project owner for the entire duration of the work. It includes two essential guarantees: the damage guarantee covering material damage affecting the construction, materials and equipment used on the site; and civil liability guarantee, covering the financial consequences of damage caused to third parties during the work.
This coverage protects both the project owner and the professionals involved in the project, until the work is received.
As for “Ten-Year Civil Liability” insurance, it is compulsory for professionals in charge of the work, in particular architects, engineers and contractors. It takes effect after receipt of the work and remains valid for 10 years. This guarantee covers damage compromising the solidity of the work, such as collapses linked to construction defects, defective materials or problems linked to the ground.
-It should be noted that the obligations to subscribe to TRC and RCD insurance concern constructions for industrial, commercial, hotel, sports or accommodation use, as well as residential buildings of more than three floors or having an area of more than 800 m².
In addition, obtaining a residence permit or certificate of conformity is now conditional on the presentation of a valid RCD insurance certificate.
It remains understood that ACAPS and the FMA will ensure compliance with the implementation of these two insurance obligations in order to ensure optimal protection for policyholders and beneficiaries of the contracts.
