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Guide · Construction

"Garantie décennale" in Switzerland: what the term does not tell you

A phrase in a quotation is no substitute for a precise undertaking or a policy.

Written on · For information only; it does not replace an examination of your situation.

The short answer

In Switzerland, the term "garantie décennale" does not demonstrate automatic ten-year insurance cover. Distinguish liability for defects, the notification period, the limitation period and the contractual undertaking. Request the complete document specifying who guarantees what, for whom and on what terms.

1. Identify the promise and who makes it

Find where the term appears: quotation, works contract, certificate, terms or commercial correspondence. Ask who is giving the undertaking and what it covers. A phrase used by the contractor does not prove that an insurer has issued a policy covering the same scope.

Write down the questions before signing: what happens if a defect appears, who should be contacted and which document allows a request for action? This approach also applies to an SME that must itself provide a guarantee to a project owner.

2. Distinguish the mechanisms

Liability for defects concerns obligations relating to the works. The notification period governs notification of the defect; the limitation period concerns the time within which a claim can be enforced. A contractual undertaking may add provisions that must be read separately. None of these terms is sufficient to establish insurance cover.

Property damage insurance and a surety bond also operate differently. Ask whether the document concerns repairing damage, payment under a guarantee or the obligations of a party involved. Do not transpose the French system simply because the terminology sounds similar.

3. Establish the contract's place in the timeline

The Swiss construction defects reform announced by the Federal Office of Justice (FOJ) on 30 April 2025 entered into force on 1 January 2026. Its application depends in particular on the type and date of the contract. It does not create automatic ten-year insurance cover.

Gather the dates of signature, delivery and acceptance (handover), together with any SIA standards incorporated into the contract. The guide on defects after acceptance details the starting point for notification that needs to be examined. For a specific situation, have the applicable law and clauses checked by a qualified specialist.

4. Require a document you can act on

Request the complete certificate and the wording to which it refers: beneficiary, subject matter, any amount, duration, limits and conditions for making a demand. Check the identity of the guarantor or insurer and the contract reference. Archive the issued document, not just the request or a promise to send it.

The AXA construction general terms and conditions (GTC) 10.2021 are a contractual example, not a framework common to all projects. The answer for your construction project is found in its own documents. A specific guarantee remains possible; its terms must be understood and monitored, particularly its expiry and the steps required.

Frequently asked questions

Does the term "garantie décennale" guarantee ten years of insurance?

No. The precise undertaking and the documents issued must be checked. A commercial reference demonstrates neither a policy nor a generally applicable ten-year legal period.

Are insurance and surety bonds interchangeable?

No. Identify what is guaranteed, who can request action and under what conditions. The mechanisms and documents must be examined separately.

Can a specific guarantee be agreed?

A specific provision may exist. Request its complete wording and have its scope, duration and terms examined; the term alone does not allow a conclusion.

Sources

Further reading

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