Two-year guarantee of proper functioning (France)

The two-year guarantee of proper functioning, under article 1792-3 of the Civil Code, is the second of the statutory construction guarantees in France. For two years from acceptance, the builder is liable for the malfunction of the building's detachable equipment, meaning equipment that can be removed or replaced without damaging the structure: radiators, roller shutters, interior doors, taps, installed kitchen equipment. It differs from the ten-year guarantee, which covers damage compromising the building's soundness or making it unfit for its purpose, including through its non-detachable equipment. The boundary between the two is one of the most litigated in construction law: a detachable element whose failure makes the building unfit for purpose may fall under the ten-year guarantee, and case law long wavered on equipment added to an existing building, such as a heat pump installed in an old house. The practical stake is insurance: the ten-year guarantee is covered by compulsory insurance, the two-year one is not. Contractors often buy optional proper-functioning cover, and underwriters need to know on which side of the boundary their insureds' likely claims fall.