Manufacturer warranties for new builds: ten-year, two-year and defects liability warranties explained for 2026
Published on October 22, 2026 · News
Buying a new home in 2026 means benefiting from a uniquely protective framework in property. Where older property often leaves the buyer alone to face surprises, new build comes with a set of statutory guarantees that cover the building for years. You still need to know what each one covers, who activates it, and within what time limits.
At JL HOME, our new-build property advisers support first-time buyers and investors so that these protections do not remain abstract clauses in a contract. Here is a clear explanation of the three main guarantees: the final completion guarantee, the two-year guarantee and the ten-year guarantee.
Why new build is particularly protected
A new home sold off-plan (en l'état futur d'achèvement, VEFA) is subject to a specific legal regime. From signing at the notary's and then at handover, several mechanisms come into play to secure your purchase.
Three simple points to remember:
- The guarantees are statutory: they apply automatically by law, and there is nothing for you to negotiate.
- They cover different periods and different types of defects.
- They add to other protections of the VEFA, such as the financial completion guarantee.
This layering explains why many buyers choose new-build: peace of mind is part of the price. Our advisers help you check, programme by programme, that the developer and the builder present the required insurance.
The perfect-completion guarantee: the first year
What it covers
The guarantee of perfect completion runs for one year from the handover of the works. It obliges the builder to repair all defects you report, whether they are noted in the handover report or discovered during that first year.
In practice, it covers non-conformities and workmanship defects: a door that does not close properly, a superficial crack, a paint defect, equipment that does not work as intended.
How to activate it
It all starts with the handover of the home. On the day the keys are handed over, you inspect the property and record any reservations on the handover report. Take your time: test the openings, water points, electricity and heating.
For example: on delivery, Clara finds that the roller shutter in her bedroom sticks. She notes it as a reservation. The builder has a set period to act. If a new defect appears three months later, she can still report it in writing, ideally by registered letter, while the first year is running.
The biennial guarantee: equipment for two years
The principle of proper functioning
The biennial guarantee, also called the guarantee of proper functioning, runs for two years from handover. It covers severable equipment elements of the building, meaning those that can be removed or replaced without damaging the main structure.
This includes: taps, radiators, shutters, intercoms, interior doors, water heaters, certain ventilation systems.
A telling example
After eighteen months, an apartment's hot water cylinder stops heating properly. The equipment is severable from the building, so the biennial guarantee may apply. The owner contacts the builder in writing to request repair or replacement.
The distinction between severable and non-severable elements is sometimes technical. Our JL HOME advisers will direct you to the right contacts and help you understand which guarantee applies depending on the nature of the problem.
The decennial guarantee: ten years for the main structure
The broadest protection
The decennial guarantee is the best known and most extensive. It runs for ten years from handover and covers damage that compromises the soundness of the work or renders it unfit for its purpose.
It applies in particular to:
- damage to the structure: foundations, load-bearing walls, roof framing;
- waterproofing: water ingress through the roof or façade;
- non-severable equipment elements of the building whose failure makes the home uninhabitable.
Damage-works insurance, your accelerator
In parallel, the project owner must take out damage-works insurance (assurance dommages-ouvrage). Its benefit: it pre-finances repairs falling under the decennial guarantee without waiting for a court to identify a liable party. You are compensated more quickly, and the insurer then pursues the builders concerned.
Example: seven years after delivery, water ingress appears at the flat roof of a residential building. The defect falls under the decennial guarantee. Damage-works insurance allows the repairs to start without waiting for the outcome of discussions between contractors.
How the three guarantees fit together
To avoid confusion, remember the logic of the periods:
- 1 year: perfect completion, all reported defects.
- 2 years: biennial, severable equipment.
- 10 years: decennial, soundness and waterproofing of the building.
These periods overlap. During the first year, all three guarantees coexist. A single defect may sometimes fall under more than one regime, which is why it is important to properly classify the problem and keep written evidence.
A few useful habits:
- Inspect carefully on the day of handover and note every reservation.
- Put every report in writing, with photos and dates.
- Keep the handover report, the damage-works insurance certificate and the builder's contact details safe.
Guarantees and your purchase: what it means for you
Whether you are a first-time buyer for your main residence or an investor in furnished rental, this protective framework has tangible value. It limits unpleasant surprises and helps preserve the value of your property over time.
For a non-professional investor in furnished rental, for example, a home covered by these guarantees is easier to let and to maintain over the long term. Note, however, that these guarantees relate to the building, not to profitability. No yield is guaranteed by build quality alone.
For a first-time buyer using an interest-free loan (prêt à taux zéro, PTZ), the legal soundness of new-build adds to the financing benefits. The proportion and ceilings of the PTZ depend on your area and your income: check the page /dispositifs/ptz and test your eligibility with the /simulateurs/ptz-2026.
Check each programme with a JL HOME adviser
Understanding the guarantees is one thing. Verifying that they are properly presented for the programme you are interested in is another. Our advisers compare new homes, clarify the contractual documents and support you from selection through to handover.
Want to see your 2026 project clearly? Book an appointment with a JL HOME adviser via /rendez-vous and explore the new-build /programmes we have selected for you.
Up-to-date information for 2026. JL HOME supports purchases of new-build homes; JL HOME is neither a broker nor a credit intermediary.