House leprosy is now rife throughout France. A little humidity, a little heat … and that’s how you lose a floor or a house in a few weeks.
The first question that is asked to us by our clients is always this: Is the Merule covered by the insurance? Our answer is the well-advised one of a Norman: Maybe well yes, maybe well not!
Insurance coverage for the Merule
A priori, no insurance protects owners against a spontaneous development of a Merule. Why ?
Because in the majority of cases, the Merule develops because of a lack of maintenance of the frame. As we age, the building becomes more and more humid, the ventilation becomes less and less efficient, the rooms more and more cluttered… and the Merule appears, as if to clean up!
Question to the government on the assumption of responsibility
On March 17, 2020, the deputy Christophe Blanchet formulated a written question about the Merule, to Bruno Le Maire, Minister of the Economy and Finance. The Minister is invited to say whether he intends to modify the state of the law ” by forcing insurance to insure, for example, the risk caused by dry rot “. The answer was negative because the Minister considers the current legal protection sufficient.
Current protection
In some cases, it is possible to find a remedy and obtain reimbursement of costs by insurance. We currently deal with three scenarios:
Dry rot development in recent construction
If it is possible to demonstrate technically (it is our business) that the Mérule has developed because of a design defect or poor workmanship in certain works; it is then possible to involve the ten-year guarantee.
This ten-year guarantee is linked to the application of article 1792 of the Civil Code which provides that “ Any builder of a work is fully liable, towards the owner or the purchaser of the work, for damage, even resulting from a defect in the soil, which compromises the solidity of the work or which affects it. in one of its constituent parts or one of its items of equipment, make it unfit for its intended purpose ».
This is why Mr. Le Maire replied, on December 22, 2020, that concerning ” disorders attributable to a fungus such as dry rot, the builder’s ten-year liability may be incurred if these disorders affect the solidity of the structure or make it unsuitable for its intended purpose and the construction work constitutes the event giving rise to these disorders ».
Development of dry rot following work
In addition, if the humidity problems were to be linked to fraud or fraud (willful workmanship), the limitation period can be extended to twenty years. Thus, it is possible to claim reimbursement of damages from the offender, at least five years, or even twenty years after the facts.
This protection is linked to the application of article 2224 of the Civil Code which reduced this period to 5 years: “ Personal or movable actions are prescribed by five years from the day on which the holder of a right knew or should have known the facts allowing him to exercise it. “. But since the case law is constant on the fact that the limitation period runs from the day ” where the holder of a right has known or should have known the facts enabling him to exercise it », Article 2232 provides for a deadline of twenty years which, in the event of fraud or error, begins from the day on which the defect was discovered.
Development of dry rot following a sale
Finally, if the Merule appeared shortly after a purchase, our job will be to look for clues that show that the humidity problems were known before the sale. When we demonstrate that the former owner has carried out work to hide humidity problems, instead of solving them, the purchaser can assert his rights for latent defect. No mention in the deed of sale can protect a seller if it is shown that he willfully deceived the buyer.
This guarantee, called “the legal guarantee against hidden defects”, is governed by articles 1641 to 1649 of the Civil Code.
Management of the Merule by our experts
Call us or fill out this contact form. We will get back to you very quickly to arrange an appointment. The expert who will defend you will be your only point of contact. It will constitute a file which will allow you to assert your rights.
09 8008 5008
