Qualification and independence of experts, content and deadlines for preparing the report, administrative controls, etc.: since 1is January 2025, the expertise of losses caused by the shrinkage-swelling of clay soils (RGA) becomes professional. A decree of December 3, 2024 sets a certain number of conditions to improve insurance coverage of this natural phenomenon that is RGA. On clayey soils, successive drought and rehydration of the soil lead to differential ground movements which can seriously damage buildings: cracked facades, boarded up shutters and windows, lifted tiles and other disorders often make houses uninhabitable. Nearly 10.5 million individual homes are affected over almost half of the country, and the phenomenon is expanding with climate change.
The risk was integrated into the natural disaster regime (Cat-Nat) in 1989; his damages are likely to be compensated, following long and uncertain procedures. Over the last five years, 70% of Cat-Nat claims are due to drought at a cost of 1.5 billion euros. In October 2023, a report by MP Vincent Ledoux (North) recommended a certain number of measures to improve the coverage of RGA by insurers.
For claims recognized under Cat-Nat from the beginning of January 2025, the appointed expert must now demonstrate a post-secondary diploma level and sufficient professional experience to develop and maintain their skills over time. He has four months, from receipt of all the elements transmitted by the insured, to send an interim report with his final conclusion on the determining cause of the disorders observed, the classification of the material damage and, where applicable , the opening of the right to the guarantee. He benefits from an additional month if the expertise requires carrying out additional technical investigations carried out by a third party company. Its final report must then be drawn up within one month, from receipt of any results of additional geotechnical investigations and validation of quotes from the works companies.
The decree also sets the conditions for intervention by civil servants and public agents responsible for monitoring compliance with their obligations by the expert.
-Remember that only the mayor can request recognition of the state of natural disaster when an intense natural phenomenon causes damage, even if only one property is damaged. He then makes a request for classification to the department prefect. The owners of the property concerned must declare the loss to their insurer, before reporting it to the town hall.
Marie Gasnier
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