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					             2011
France : water damages




             Alexandre-Olynthe CECCHINI
             Tenantslife.com
             23/09/2011
           23 septembre 2011                                  [France : water damages]




           Sommaire

           Introduction : ................................................................................................................................................... 6
                Sources of the file : ...................................................................................................................................... 7
           1.      About the different insurances ................................................................................................................ 8
                Definition of « responsabilité civile » ( Civil responsibility) : ........................................................................ 8
                Le GEMA ET LA FFSA................................................................................................................................... 10
                Insurance of the co-ownership (copropriété) / property manager (syndic or syndicat de copropriété) ...... 10
                Resumed .................................................................................................................................................... 11
                   About its utility ...................................................................................................................................... 11
                   Of it’s optional characteristic… or not .................................................................................................... 11
                   The broker specialized in the co-ownership ........................................................................................... 12
                   How are estimated the premiums and the indemnifications? ................................................................ 12
                   The increase of the premiums ................................................................................................................ 14
                   Insurance of the co-ownership and insurance of the occupiers of the building ...................................... 14
                Insurance of the lessor co-owner not occupying the premises rent (called “assurance propriétaire non-
                occupant” or “assurance PNO”) . ............................................................................................................... 15
                   What happens when a tenant leaves the house with a water damage not repaired ? ........................... 16
                Insurance of the tenant : « assurance multirisque habitation vie privée » (Insurance multirisks for
                habitation and private life) ........................................................................................................................ 17
                   Who makes what ? ................................................................................................................................ 20
                THE LACK OF MAINTENANCE , INSALUBRITY, THE LACK OF RESPECT OF NORMS …L’AGENCE NATIONALE
                POUR L’AMELIORATION DE L’HABITAT (ANAH) (NATIONALE AGENCY FOR THE IMPROVEMENT OF
                HABITATIONS) ............................................................................................................................................ 20
                1)The lack of maintenance and the faulty state of the shell of the building. .............................................. 20
                Lack of compliance with the norms in force ............................................................................................... 21
                OPPBTP L'Organisme Professionnel de Prévention du Bâtiment et des Travaux Publics (Professional
                organization of prevention in building and public works) .......................................................................... 22
                L’ANAH ...................................................................................................................................................... 22
           2.the plumbing and the norms: ...................................................................................................................... 23
                Some words about the WC with built-in grinder ........................................................................................ 23
                The legal side of the WC with a built-in grinder.......................................................................................... 24
                Its advantages: ........................................................................................................................................... 25
                Which are the disadvantage? ..................................................................................................................... 25
                How do we maintain it? ............................................................................................................................. 25




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                Plumbing ,électricity, gutters, roofing… whom what is it? (difference between common parts and private
                parts) ......................................................................................................................................................... 26
                Limit of the pipes for used water between the property, co-ownership and town. .................................... 27
           2.       How to prevent water damages ? .......................................................................................................... 32
           3.       The signs not being the sequel from water damages : ........................................................................... 35
                The cracks inside: ....................................................................................................................................... 35
                The condensations: .................................................................................................................................... 38
                The scalings : .............................................................................................................................................. 38
           4.The exclusions ............................................................................................................................................. 41
                The litigious cases of humidity ................................................................................................................... 41
                    What is humidity ? ................................................................................................................................. 42
                    A question of confort ............................................................................................................................. 43
                    How does it manifest itself ? .................................................................................................................. 44
                    How to understand the selection of professionals ................................................................................. 44
                    Know everything about the causes of humidity ..................................................................................... 46
                    The structural causes ............................................................................................................................. 51
                    Vocabulary ............................................................................................................................................. 57
                    The tools of diagnosis ............................................................................................................................ 58
                    Particular cases ...................................................................................................................................... 61
                    Minimum works to optimum solution ................................................................................................... 63
                    Expert advice ......................................................................................................................................... 65
                    The helps for lessor owners ................................................................................................................... 67
           1.       The water damage ................................................................................................................................. 68
                First measures to take ................................................................................................................................ 68
                    If the escape comes from your flat ......................................................................................................... 69
                    If the escape comes from a neighbor’s premise: .................................................................................... 69
                    If the escape comes from a common part: ............................................................................................. 69
                    90% of the water escapes on the drinkable water network are invisible to the naked eye : the escapes
                    seeking. ................................................................................................................................................. 70
                    1st step: The analysis of your consummation ........................................................................................ 71
                    The solutions of supervision of the escapes .......................................................................................... 71
                    Water escape seeking ............................................................................................................................ 72
                    Which contract to choose ? ................................................................................................................... 73
                    What to do then? ................................................................................................................................... 74
                The particular case of balcony, loggia and terrace: .................................................................................... 75
                    Definition : ............................................................................................................................................. 75
                    The law, the theory and the reality: It can be necessary to make a legal action ..................................... 75




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                The tenants and their owners: ............................................................................................................... 76
                Following article 3 of the law 65-557 of July the 10th 1965, and article R*111-26 of the code of
                construction and habitation. .................................................................................................................. 76
                Particular case of the added coats on the balcony, loggia or terrace:..................................................... 76
                Who shall you call? ................................................................................................................................ 77
             The particular case of the water seepages by a facade(New way from the insurance) ............................... 77
                For the co-ownership ............................................................................................................................. 77
                For others .............................................................................................................................................. 78
                What if the works are younger than ten years old and that the firm which has realised the works still
                exists ? ................................................................................................................................................... 79
                What if these firm no longer exist ? ....................................................................................................... 79
             The successions of insurances(damages occurring while the premise is being sold, damages occurring while
             a new tenant is coming). ............................................................................................................................ 79
             Le constat amiable (damage report drawn up by the parties involved.) ..................................................... 80
             What to do if no one wants to sign the “constat amiable” ? ...................................................................... 81
                The little damages where the plumber does not find anything (1 à deux pièces): .................................. 82
                If any insurance refuse the indemnification you should contact Mr RADIER which the adress is above. 83
                The little damages where the neighbor stops the plumber from entering in his premise:...................... 83
                The big damages: ................................................................................................................................... 83
             The time during which it is possible to declare a damage :......................................................................... 84
             How will it be indemnified? ....................................................................................................................... 84
             Material damages (Dégâts matériels) and immaterial damages (dégât immatériels) ................................. 85
             The CIDRE convention: .............................................................................................................................. 85
                Definition ............................................................................................................................................... 85
                Where can I find a copy of the CIDRE convention ? ................................................................................ 86
                Particular case of the wood flooring/tiles (the property of a private part): .......................................... 86
             The role of the expert ................................................................................................................................ 87
                Why do we see him less and less ? ......................................................................................................... 87
                The télé-expertise and its dangers ........................................................................................................ 89
                The knob and the blade of Damocles’ sword hanging over their head : ................................................. 90
             La franchise (The excess) ............................................................................................................................ 90
             The time to wait : ....................................................................................................................................... 91
             The firemen ............................................................................................................................................... 92
                The case where the CIDRE is not enforceable :....................................................................................... 92
                In the enforcement of the CIDRE (The tenant watered himself and who the firemen would have
                damaged « estates » (embellishments, doors windows) belonging to the owner, or the case where the
                firemen mistook on the flat where the water escape came from. .......................................................... 92
                Out the CIDRE and if no one has an insurance ....................................................................................... 93




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                How many time have we got to realize the works? (The prescriptions) ..................................................... 93
                   Breaks in the biennial limitation period ................................................................................................. 94
                   Answer to questions: Can my insurer let the file flies so it can enforce this biennial prescription? Or why
                   is my insurer harassing me every day to know where I am with my damage? ....................................... 98
                   We are going to overpass this delay of two years but the water escape is still not repaired or a new
                   source of the damage appeared but did not brought new damages, is my insurer going to close the file?
                    .............................................................................................................................................................. 98
                La réparation en nature (repairing by nature) ............................................................................................ 98
                La réparation pécuniaire (financial repayment) ......................................................................................... 99
           2.      The building firms (painter, plumber…).................................................................................................. 99
                QUALIBAT WWW.QUALIBAT.COM .......................................................................................................... 100
                   And QUALIFELEC ?................................................................................................................................ 101
                   QUALIGAZ ............................................................................................................................................ 101
                   Arrêté du 2 mars 1990 about the quote (le devis) ................................................................................ 101
                   What is a normal payment of the building companies ? ...................................................................... 108
                   How many time do we have to pay ? ................................................................................................... 108
           The building firm to which I paid a « acompte/arrhes » (deposit) is topic of a « procédure collective » or is
           closing or has closed . ................................................................................................................................... 109
                   Introduction ......................................................................................................................................... 109
                   About you ............................................................................................................................................ 110
                   You paid by «chèque» from a french bank to a french building firm .................................................... 110
                   You paid by credit card from a French bank to a French building firm ................................................. 110
           La malfaçon/ the faulty works ...................................................................................................................... 112
                The « garantie de parfait achèvement » (perfect conclusion guaranty).................................................... 112
                The « garantie biennale » (biennial guaranty) also called « garantie de bon fonctionnement » : ............. 113
                La « garantie décennale » (ten years guaranty) : ..................................................................................... 114
                How does it work with the insurance? ..................................................................................................... 114
           3.      The disputes ........................................................................................................................................ 115
                The disputes between a lessor and a tenant: ........................................................................................... 115
                   The tenant watering his premise or the inversed CIDRE:...................................................................... 115
                   La commission départementale de conciliation (departmental comity of conciliation): ...................... 116
                   La commission nationale de concertation ............................................................................................ 117
                With a neighbor or the property manager (syndic/ syndicat de copropriété):.......................................... 117
                The disputes with the insurances: ............................................................................................................ 118
                   Le médiateur........................................................................................................................................ 118
                   I estimate that the CIDRE/CIDE COP have not been enforced correctly : ............................................. 121
                   The insurance refuse to indemnify the embellishments of a tenant (paint, wallpaper, plastic flooring,
                   carpet…) under excuse that the embellishments were not realised by himL’assurance … ................... 121




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                   The insurance reduce the amount of the quote I submited : ............................................................... 122
                   Works making the place uninhabitable : .............................................................................................. 123
                   Can I be with no indemnification after a water damage ? .................................................................... 123
                   The death of the person responsible of the damage ............................................................................ 125
           18. Some questions you may ask to your broker: ......................................................................................... 125
           Question réponse : ....................................................................................................................................... 125
           Source : http://www.planet.fr/mag/les-contrats-d-assurance-habitation-et-automobile.18370.html ........ 125
           SENIOR PLANET ............................................................................................................................................ 126
           Termination : ............................................................................................................................................... 127
              1)      For the insured person :La loi CHATEL .............................................................................................. 127
              15. The termination of the contract by your insurance ............................................................................ 128




           Introduction :
           The water damages (dégâts des eaux) are certainly one of the biggest source of misunderstanding and
           numerous disputes between tenants, lessors, insurer and sometime property managers for building in co
                                                               th
           ownership (ruled under the law 65 557 of July the 10 1965. Even the professionals can get confused, as




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           there are several kind of contracts, several differences between common parts and private parts, and several
           knowledge not acquired in terms of building trade. An idea comes to take the plan written by two French
           insurers:

               -   MAIF Mutuelle Assurance des Instituteurs de France; Mutual Insurance company of the teachers of
                   France
               -   Empruntis

           And an organization of certification of the building trade companies QUALIBAT to mix them up following a
           chronological order and to complete them with answers to questions we could ask while reading.


           Sources of the file :
           File written by M.A.I.F.

           MAIF Mutuelle Assurance des Instituteurs de France; Mutual Insurance company of the teachers of France




           Insurance of estates and of responsability – Insurance of persons – Life Insurance.

           Délégations départementales MAIF

           200 avenue Salvador Allende 79038 NIORT cedex 9

           Telephone: 05 49 73 74 75    web Site : www.maif.fr

           http://www.mon-immeuble.com/dossierdegatdeseaux.htm

           This insurance is very famous in France like Mc Donald’s in USA, and even if the name says that this
           insurance is destined to the teachers and any profession around the teaching, another branch called FILIA
           MAIF deals with the other kind of persons.

           File written by EMPRUNTIS




           Your bank and insurance broker



           Empruntis Assurances, SARL(Société à Responsabilité limitée) (Company which the manager’s private estates
           are not taken in count in the estates of the company) of brokerage in insurance with a registered capital of 7
           622,45 €, registered to the RCS (registre du commerce et des societies) (register of the firms and trades) of
           Paris under the n° B 431 735 687. Member of ORIAS under the number 07 022 675 (site : www.orias.fr).




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           Adress : 89, rue Réaumur 75002 Paris



           Empruntis Assurances owns an insurance in « responsabilité civile professionnelle » (Professional civil
           responsibility insurance) and a financial guaranty by the AGF (number of contract : n° 34.036.971), confirmly
           to the articles L530-1 et L530-2 of the « code des assurances » (code of the insurances) . Publishing director :
           Mr Geoffroy Bragadir

           http://www.empruntis.com/assurances-dommage/guide/assurance-habitation-guide.php




           Professional organization of qualification and of certification of building trade companies

           55 avenue Kléber-75784 Paris Cedex 16 – tel : 01.47.04.26.01 – Fax : 01.47.04.52.83

           e-mail :com@qualibat.com – Web : www.qualibat.com




           1. About the different insurances
           Definition     of                       « responsabilité                      civile »              ( Civil
           responsibility) :


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           Source :

           ENCYCLOPEDIA UNIVERSALIS FRANCE

           Activity                                                    Édition de livres - 5811Z

           Head Quarter                                                9 Rue Antoine Chantin - 75014 PARIS 14

           SIRET                                                       67204891500082

           Form                                                        SA à conseil d'administration

           Registered Capital                                          2.759.100,00 EURO

           Nationality                                                 France

           PCA                                                         Mr. AGUILAR CAUZ Jorge

           Managing director                                           Mr. MAYORKAS Jak

           Administrator                                               Mr. MAYORKAS Jak

           Administrator                                               Mr ROSS Michael

           Administrator                                               ENCYCLOPAEDIA BRITANNICA HOLDING SA



           *        Along this file, you will notice some tables like the one above. These informations are from the site
           www.infogreffe.fr and www.societe.com which take their informations directly from the French trade courts
           (tribunal de commerce). These tables appear when the information comes from a company and help you to
           find the information in its original form, gives you informations about who is the entity which gave the
           information, they certify you that these companies are not illegal and well known from the French
           administration, and certify the credibility of the information.

           This is the obligation a person has to repair the damages he/she/it caused to any other person. Not to be
           confused with the « responsabilité pénale » (penal responsibility) which will only give month or years of jail
           and eventualy some fines. But the two ones can be invoked together in some affairs like the cases of rapes,
           of theft, murder…

           Civil responsibility is the fruit of article 1382 of the civil code which says:

           « Any acts from a human, which causes to other person a damage, obliges the one by who this happened to
           repair it.»

           To invoke the responsibility of a third person, first you will have to make the evidence that there were a
           fault, that there were a damage and show the link of causality between the two ones. In the case of water
           damages this will be done by “constat amiable de dégât des eaux” (unofficial account of water damages) or
           by “signification d’huissier “ (statement of bailiff) .

           If someone causes a damage to you, his/her/its civil responsibility can be removed only if he/she/it can
           make the evidence of the fortuitous case or circumstances outside his/her/its control. These two last ones
           can nearly never be invoked in a water damage as the MAIF says. As an example, the fact that the person
           was not on the place does not constitute an evidence of the two cases and this kind of evidence are really
           hard to get.




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           In the last case, his responsibility can be removed if he/she/it makes the evidence that the damage
           happened by the victim’s fault or by another third person.

           The French right has two ways of repairing the damage

           - The repairing by equivalence « La réparation par équivalent » which consists to pay the repairing of a
           damage.

           - The repairing by kind « La réparation par nature » which consists in making the damage disappear.

           You will notice these two notions coming back in our articles about how the insurance is going to indemnify
           you.




           Le GEMA ET LA FFSA
           Le Géma (www.gema.fr) « Groupement des entreprises mutuelles d'assurances » (group of insurances and
           mutual insurance companies) and la FFSA (http://www.ffsa.fr/) Fédération Française des Sociétés
           d'Assurances (French federation of the insurances companies) are the two main french trade union for the
           insurances and mutual insurances. Their missions are so numerous and varied that they would get the
           containing of this file very heavy and a beginner would get confused however we just want to talk about the
           water damages.

           But, having an insurance or a mutual insurance from one of these two groups for any kind of damage, will
           make you avoid a lot of troubles if the estate to insure is in metropolitan France. Effectively, the two groups
           have signed conventions which their members must respect.

           They define clearly the role of each insurance, complete the common right and enable sometime to make
           you be indemnified of damages not mentioned in your contract but you are suffering (examples will be
           sufficiently detailed in this file)..

           These conventions have a legal nature as specifies LEGIFRANCE, the French public service of the French right
           broadcasting (http://www.legifrance.gouv.fr/html/aproposdroit/aproposdroit_uk.htm ; 1. What is law) and
           any insurance or mutual insurance not respecting them engage its civil or penal responsibility.

           To know if an insurance is member of GEMA or member of FFSA, you have to go on the website of each
           group and clic on the thumbnail about the members (adherent). Beware the exact noun of the insurance. As
           an example in the bank-insurance, the name of the insurance proposed by SOCIETE GENERALE is
           SOGESUR(member FFSA) ,BNP Paribas proposes NATIO (member FFSA) the one from CIC (credit insutriel et
           commercial) is ACM IARD (which is NOT a member from GEMA nor FFSA). And so on…




           Insurance of the co-ownership (copropriété) / property
           manager (syndic or syndicat de copropriété)
           Perhaps this part will not concern you, you can directly go to the next article about the PNO or assurance
           Propriétaire Non Occupant (Lessor Not occupying the place’s insurance)

           Source :




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           http://www.leparticulier.fr/theme/Choisir-la-bonne-assurance-pour-sa-copropriete-1-copropriete-13203.html

           Article written by Nathalie COULAUD and published in the n°1028 of the magazine LE PARTICULIER of
           September 2008

           LE PARTICULIER EDITIONS

           Activity                                                Judicial and useful Information for the private
                                                                   individual

           Head quarter                                            21 Boulevard Montmartre 75076 Paris Cedex 02

           SIRET (number of registration)                          49872079600016

           Legal form                                              SASU Société par actions simplifiée à associé unique

           Registered Capital                                      37.000,00 EURO

           Nationality                                             France

           President                                               Mrs DELAVALLEE Celine born DRUON



           Resumed
           About its utility


           It is the guaranty against the material damages which happened to the building by one or several damage(s)
           (water damages, inundation (when a river gets out of its normal way), fire…) but also against the effects of
           these last ones as the unhabitables (incapacity to live inside, the lodgment will no longer look like the decree
           2002 120), the deprivation of enjoyment, the co-owner lessor’s loss of rent. It also take in chare the civil
           responsibility of the property manager.



           Of it’s optional characteristic… or not


           No french law exists to make this insurance be obligatory. It is possible that some “règlement de
           copropriété” (rules of co-ownership) makes it obligatory. The “règlement de copropriété is a document
           established by the co-owners and the property manager which tell the people concerned how to live inside
           the building. On the other hand, if it prefers not to pay the whole reparations in case of damages, because of
                                                                                                     th
           its civil responsibility and because of the article 18 of the laws 65 557 from July the 10 1965 which specifies
           that it must “preserve the building”, the property manager/syndic has every reasons to be the holder of a
           contract of insurance.

           In reality, if the property manager is not insured, it can happen that the property manager is insolvent and
           the co-owners will have to pay by themselves all the mendings because they live in the places or because
                                                                                                        th
           they must respect the characteristics mentioned in the decree 2002-120 from January the 30 2002 without
           what they would risk some legal proceedings by their tenants; would it be only for no longer paying rents.




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           It is very important that the co-owners check if their building is insured (See p.58 and 59 of the magazine
           n°1028 from LE PARTICULIER editions from September 2008 for the most important things to check, and to
           make change in the contracts, if necessary) and for which kind of risks and for which amount of premium.



           The broker specialized in the co-ownership


           In the case where the co-ownership would not be insured, first, it is necessary to contact a broker specialized
           in the problems of co-ownership.As an exemple you should be contacting SGB http://www.sgb.fr . Its
           mission is to find solutions which would suit the most to the co-ownership, like the guaranties as well as the
           premiums.

           A meeting with the broker will enable to speak about adaptations to the basic contract. As an example, by
           extending the guaranty “water damages” to other liquids, such as fuel if you live near a fuel station or if the
           heating machines is still made with that kind of energy in your building. You will find on the French territory
           around 3000 brokers in activity but only some of them are adapted to the problems of co-ownership. At least
           it is useful to remind that the Association des responsables de copropriété (ARC), l'Association nationale de
           la copropriété et des copropriétaires (ANCC) et la Fédération des syndicats des coopératifs de copropriété
           (FSCC), are associations for the co-ownership which permit to their members to profit by them of tariffs
           negotiated by them that are really favorable.



           How are estimated the premiums and the indemnifications?


           As your vegetables shop will make you a price by kilogram , we calculate the premium with the number of
           meter squares developed multiplied by a coefficient of …€/m² developed. In order to make that, we add up
           the total surface of every floor, and the surface of the walls, and 50% of the surface of the attics and
           underground floors.

           Some co-ownership make the classical mistake which the insurers profit. It is to take again the surface of the
           previous contract . But if the surface of the previous contract is bigger than the reality, the co-ownership will
           pay its insurance much more than what it has to be. On the other side of the blade, if it is smaller than the
           reality, The co-ownership would not be indemnified to the real value of the building in case of damages and
           the co-owners would have to pay what remains in the repairings:

               -   If the damage is very important (as an example if we needed to rebuild some elements or the
                   totality), it will be indemnified only on the basis of what has been declared.
               -   If the damage is less important, if the insurer notice that the surface is under-estimated (more than
                   10 to 20%), i twill invoke the article L.113-8 of the code of insurances which will have as efect to
                   reduce the indemnity in proportion.

           * article L. 113-8* of the code of insurances : Independently of the normal causes of nullity, and
           under condition that the dispositions of article L.132-26 were respected, the contract of
           insurance is null and void in case of reticence or intentional false declaration by the insured
           person, when this reticence or false declaration changes the topic of the risk or diminish the
           insurer’s opinion, even if the risk forgotten or denatured by the insured person were without
           influence on the damage.




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           The premiums paid remain acquired by the insurer, which has the right to the payment of all
           his premiums fallen due as a compensation because the insured person made to him what the
           French right estimates as damages.



           We estimate that a broker who doesn’t start by checking and rectifying if necessary his developed surface
           won’t be your. It is possible now that a clause of « reconnaissance de métré » (ackoweldgement of
           measurement) is written. It permits to prevent the insurer of disputing the surface declared (excepted under
           the insured person’s dishonesty).

           The premium is also estimated with the repair of the building or its exposition to some risks. We can make
           the premium be more expensive by the presence of elements of constrtcion which would be under M2 in
           the classification of the arête du 28 août 1991 (exemple of wood stairs) of shops to the ground floor as fuel
           stations, pizzeria or clothes shop, which increase the risk of fire.

           We wil also check for how many damges were declared in the past. It is better to have had one big damage
           instead of numerous little damages which often happen because these ones increase the risk of having a
           bigger damage.

           The maintainance of the building is also very important as every insurance will take it in the count of th
           premium, and, because in case of damage, the insurer won’t be able to make the evidence of a lack of
           maintainance and so won’t be able to refuse any indemnification .

           The co-ownership can also accept to pay damages excess on the guaranty (amount remaining to be paid by
           the insured person in case of damage) in order to make the price be reduced. Michel THIERCELIN, president
           of the FSCC Fédération des syndicats des coopératifs de copropriété,(federation of the property managers),
           says that a policy holder should not accept to pay a damage excess exceeding 400€. The co-ownership can
           also, not declare the small damages (which the repair would not exceed 500€) and repair them itself, if the
           broker does agree.

           Beware to the value insured and to the coefficient of dilapidation.

           If you have a damage that obliges to rebuild totaly or partially (storm, fire, earthquake…),normaly your
           insurer indemnifies you on the “value for new” (valeur à neuf) . It means that we take the prices of the
           materials and the manpower on the day of the damage to estimate your indemnification and not the ones of
           the day when the contract was signed. But the insurance can apply a coefficient of dilapidation in order to
           reduce this indemnification. But you can negotiate with a broker so the insurance won’t enforce any
           coefficient or enforce the lowest coefficient possible (10% is a maximum), and with a limit of guaranty which
           is unlimited, or that is the real cost of a rebuilding. Today it is estimated between 2000 and 3000€/m² of
           surface built.

           About the amount of the premiums, we begin to 1 000€ per year for a building having up to 5 premises or
           lower than 1000m². Above, the l’ARC l'Association des responsables de copropriété(association of the
           responsible of the co-ownership) has registered that in the Parisian area (Ile de France excepted Seine et
           Marne) the price could go from 0.80€/m² developed for a flat of the years 1980 well maintained and with out
           any special risk, to 2€/m² developed for a flat of great height in Paris. Elsewhere in France, the premiums
           decrease immediately between 10% and 30% cheaper:

           - From 0.65€/m² to 1.40€/m² (very rarely above).

           Do not hesitate to compare regularly (once a year) your insurance especially if it imposes you increases. It
           will make you avoid to pay it too much.



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           The increase of the premiums


           An insurance is above everything a company like any other. Its directive is to grow rich and not to make
           social. It needs a strategy to reach that end. Between those, we find the increases.

           First there is a yearly increase of the premium which depends on the cost from FFB Fédération Française du
           Bâtiment (French federation of the building trade)

           Then, an insurer does not hesitate to add some other source of increase which enable to maintain the
           technical balance of the portfolios between the indemnifications paid and the premiums taken.

           To finish, we can find other reasons to make you pay the most as possible, as an exemple, an insurance can
           increase the premium of a co-ownership if it estimates the co-ownership declares too much damages.

           These increases are not always known from the co-owners as the property manager can manage alone the
           renewal of a contract without advertizes for the co-owners during the general assembly. The co-owners can
           check the last advice of falling due to estimate the increases of premiums and, if the property managers
           refuse to change the insurance, they would be able to dispute it during the general assembly.



           Insurance of the co-ownership and insurance of the occupiers of the building


           The co-ownership is in right to insure the common parts only. They are defined first by the rules of co-
           ownership, then by the article 3 of the law 65 557 from July the 10th 1965 completed by article R*111-26 of
           the code of building and habitation (see their containing in the next parts). But it is better to insure the
           private parts too with the insurance of the co-ownership. It does not exempt every co-owners, co-owner
           lessor, and every tenants to insure their parts too because in case of sinister, the three kind of insurances (
           co-ownership, co-owner occupying the place, co-owner not occupying the place, tenants) have previewed to
           complete themselves (see the CIDRE) and if the tenant or the co-owner are not insured , be insured that the
           insurer will find cracks everywhere in the contract of the co-ownership (which would have decided to insure
           the private parts too) in order not to indemnify the damages and put every occupiers of the building in a very
           bad situation.

           If the insurance of the co-ownership insured the private parts too, it would not be necessary to define the
           common and private parts for small damages. In addition, the co-ownership would not risk in case of big
           damages whose fault comes from an occupier from the building, to see the case where the tenant is not
           insured and insolvent (meaning that the co-ownership would have a big damage excess to pay). Normaly
           with the CIDRE (convention we will describe in the next parts), the lessor’s insurance take the damage in
           charge but we remind that in the French right, there is no law to oblige a lessor to insure
           himself/herself/itself if he/she/it doesn’t want to. His civil responsibility would be engaged but sometime,
           he is insolvent too and the other co-owners will have to pay the repairing while a solution of indemnification
           is being found (it can be long)…




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           Insurance of the lessor co-owner not occupying the
           premises rent (called “assurance propriétaire non-
           occupant” or “assurance PNO”) .
           Source of what is following : http://fr.123immo.com/textes/actus/assurancepno

           123immo is written by the group « A Vendre A Louer »

           Activity                                                   Group of communication about the estates

           Head quarter                                               57 Boulevard de la Villette - 75010 PARIS 10

           SIRET (registration number)                                49817706200011

           Legal Forme                                                société par actions simplifiée

           Registered Capital                                         11.600.000,00 EURO

           Registration to the RCS                                    RCS Paris B 498 177 062

           Nationality                                                France

           President                                                  BABELSTORE

           Managing director                                          Mr SENERS Olivier



           We use this insurance to file the emptiness between the insurance of the co-ownership and the tenant’s one

           The lack of law on the topic permits to the lessor which would not be occupier of the premise rent not to
           insure himself if he desires it. He would not be covered against the risk that would not be mentioned in the
           contracts of the co-ownership and the tenant’s one. Between them we find:

                     The tenant who leave the premises when a water damage has not been repaired (see further).
                     The lack of insurance between a tenant who leave and the other one who comes.
                     The lack of insurance of the tenant. ( We will see that this obligation of insurance exists only for the
                      tenants of empty premises concerned by the law 89 462 of July the 6th 1989, and that the DGCCRF
                      specifies that the other kind of premises does not have this obligation)
                     The lack of maintainance
                     The faulty construction and lack of conformity of the electricity or the gas.
                     The damages which happened by the electricity and the gas installation which would be defective.
                     The explosion of water pipes because of the freezing (during the winter),
                     The damages caused by a theft or a vandalism.( The destruction of the door which permits to enter
                      in the premises following a theft or a vandalism can be not insured by the insurance of the tenant,
                      and in this case the owner will have to repair this door following his obligation mentionned to the
                      decree 2002 120 (the premises has to insure the closed)
                     The seeking and the repairing of water escape which are not mentioned by the decree 87 712 from
                      August the 26th 1987 and who have to be paid by the lessor because of the article 6 of the law
                                             th
                      89 462 from July the 6 1989 for the empty premises and because of article 1720 from the civil code
                      for the other kind of premises.




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           And other risks taken in charge by this PNO

           It can be invoked when the premise is unoccupied or when the tenant is no longer insured or not sufficiently
           insured or if the damage happened because of the lessor (as an example by lack of maintenance or lack of
           update with the norms) or a faulty construction.

           On the other hand, we have to remind that we are going to seek the lessor’s responsibility if :

           - The tenant is not faulty for the damage,

           - The tenant is not insured for the risk concerned,

           - The premise is not occupied.

           In addition, the lessor owner is responsible of damages or wounds which happened because of the premise
           rented or to any other person (firemen, postman, plumber, the tenant’s guests…)

           Their price is only about some ten to some hundreds of euros per year and they sometime own a contract of
           management, a guaranty “unpaid rents” and a guaranty “premise not occuped”(vacances locatives)… we find
           them expensive until a damage happens.




           This insurance becomes necessary when the tenant leaves the premise with a water damage not repaired
           however he declared it to his insurance. It is also a good mean to avoid several problems when the tenant
           waters himself (CIDRE inversée)

           What happens when a tenant leaves the house with a water damage not repaired ?


           Source of what follows (Book « code des assurances 2009 » written by Mr Bernard Beignier and Mr Jean-
           Michel DO CARMO SILVA /LexisNexis Litec that you can buy on

           http://www.malibrairiededroit.fr/2245-code-des-assurances-2009.html




              ISBN: 978-2-7110-1121-6
              Format: 140 x 195
              Number of pages: 1800
              Number of edition: 3rd
              Collection: Codes Bleus
              Ref.: 376103)

           Under specification of the d) of article 7 of the law 89 462 from July the 6th 1989 and by the article 1730 and
           1732 of the civil code (for other kind of premises) :

           It is absolutely illegal to keep the security deposit of a tenant under excuse that he or she did not repair a
           water damage which he or she is not the responsible, as he or she is not obliged to repair the facts of
           fortuitous case or circumstances outside his/her control under condition he or she can make the evidence via
           bailiff report or “constat amiable de dégât des eaux” (water damage report drawn up by the parties
           involved).




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           Under article 3.1211 of the CIDRE (that will be described further) when the tenant leaves, his or her
           insurance stop the indemnification. The lessor owner become the victim of the damage and his or her
           insurance PNO cannot refuse to indemnify him or her if and only if this last one as signed the CIDRE. The
           insurance which signed the CIDRE are member of FFSA (see the members on www.ffsa.fr) or member from
           the GEMA (see the members on www.gema.fr ) or are independent insurances which signed it but there is no
           possibility to check it in my knowledge. No need to specify that it is better to choose French insurances
           members from GEMA or FFSA to insure something on the French territory.

           Containing of article 3.1211 of the CIDRE :

           « The insurer of the person who occupies the premise (the tenant) must take charge of the damages made to
           the embellishments whatever if those ones where realized or not by him or her.

           Exception to the principle of the intervention of the insurer of the occupier (not owner) :

           If during the examination of a file and before the payment of the indemnification, the insurer of the occupier
           knows a leave given (or received) by this last one, it parts with this file and the lessor owner’s insurance take
           charge of the embellishments without possibility of action in repayment(the owner becomes the injured
           person)

           The same article tells that the embellishment that would not have been realized by the tenant and that
           would permit to remain in the CIDRE if they were discounted , have to be discounted and would be taken in
           charge by the lessor’s insurance.

           Once more, the article 1732 of the civil code protects from a lessor keeping a tenant’s security deposit if the
           water damage does not come from his responsibility (I.E a “constat amiable”(water damage report drawn up
           by the parties involved) was signed and he can show a copy or a bailiff notice shows he is not responsible).

           If the tenants are not responsible of the water damage, and that the lessor is not insured, The article 1382 to
           1384 of the civil code enable the lessor to attack in justice courts the responsible in order to get the
           repairing if the insurance of this responsible don’t want to indemnify him directly.

           If the water damage occurred in the tenant’s premise, and that the repairing are not mentioned in the
           decree 87-712, the tenant’s would ask the lessor to repair this damage by article 1720 of the civil code and
           article 1719 of the civil code completed by decree 2002-120 .


           Insurance of the tenant : « assurance multirisque
           habitation vie privée » (Insurance multirisks for habitation
           and private life)
           An obligation to pay a contract of this kind of insurance exists for the tenants of empty premises by the g of
           article 7 of law 89 462 from July the 6th 1989.

           But for the other kind of premises , as it is reminded by the DGCCRF,

           (source of what follows :

           http://www.dgccrf.bercy.gouv.fr/documentation/fiches_pratiques/fiches/assurances_loc_immobiliere.htm)

                  The DGCCRF , direction générale de la concurrence, de la consommation et de la répression des fraudes (General direction of
                   the competition, consummation and repression of the frauds) is a governmental organization, linked to the ministery of




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           23 septembre 2011                       [France : water damages]

                      Economy , industry and employment. Its mission is to insure a legal and secured functionning of the markets. For more
                      information, you can visit: http://www.dgccrf.bercy.gouv.fr

           The occupiers of seasonal rents, secondary residence, furnished premises and “logement foyers” and
           lodgement of function, are not submitted to the obligation to buy a contract of insurance because there is no
           law on the topic. As far it is not possible to use this reason so they could get notice to quit the premise. They
           are free not to insure themselves if they don’t want to. Nevertheless they are responsible like the other
           ones. It means that they would pay the amount of the damages by their own, in case of fire, water damages
           … If those one did not happen because of a third person, fortuitous case ,circumstances outside his/her
           control or faulty construction.

           But the evidences of these last elements are not easy to get : as an example, the fact that the tenant were
           not in the place while the damage happened does not constitute a correct excuse.

           In case of fire, the presumption of responsibility of the tenant is higher again and it is nearly impossible to
           pass through. In addition he can be attacked on his civil responsibility in case of damages made to neighbors
           or other third person.

           To conclude, if this kind of tenant is not obliged to insure himself/herself of the risks of habitation, he/she is
           obliged by the annoying circumstances that these kind of damages would have on his portfolio.



           (Source of what follows : http://www.abonim.com/services/assurance.asp)

           ABONIM

           Activité                                                         services immobiliers

           Siège social                                                     69 Avenue Carnot 94100 ST MAUR DES FOSSES

           SIRET                                                            43133183400017

           Forme juridique                                                  SARL

           Capital social                                                   10.000,00 EURO

           Immatriculation                                                  RCS Creteil B 431 331 834

           Nationalité                                                      France

           Gérant                                                           Gérant : M. CHOURAQUI Michael



           The « contrat multirisque habitation » (contract multirisks habitation ) covers the tenant’s civil responsibility
           in the case he/she/it would cause damages to other one. But if the tenants gets damages this contract is
           used to get him/her/it indemnified about the embellishments, the furnitures and the immaterial damages
           (loss of enjoyment, unhabitability, ….)

           Even if the tenant is “responsible” of a water damage, the tenant is indemnified of the repairing that
           he/she/it caused to his/her/its own premises. He/she/it would have to pay a damage excess around 125€
           per damage. Eventually it would take charge of the wounds the tenant would cause to other third person.
           Depending on the contracts, the seeking and the repairing (two different operations) of water escapes can




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           be indemnified or not. If not, as you will notice, under condition the water escape does not come from a lack
           of respect to the decree 87 712:
                                                                     th
           -Because of the article 6 of the law 89 462 from July the 6 1989 for empty premises

           -Because of the article 1720 of the civil code

           The payment is insured by the owner excepted if the escape is before the tap that supply the water in the
                                                                                                                th
           premise or if the escapes happen in a part described by article 3 of law 65 557 from July the 10 1965
           completed by the article R*111-26 from the code of building and habitation (see their containing further) for
           buildings in co-ownership. In this last case, the property manager would pay this reparing.

           (source :
           http://www.maif.fr/portal/maif/tous/html_libre;jsessionid=HIE4xvRiSMVcuuOpl2iizDNbPIsm9xl14br26sRJq
           HA6jph1p1dQ!24433655?itemDesc=contenu&orderId=5&menuId=500005&themeid=8900043&rubriqueid=2
           4000007&reset=oui&sousrubriqueid=10900011&contentid=3000024 )



           In order to make the « theft guaranty » work, the tenant will have to make the evidence of the theft or the
           theft attempt (this is translated by a lodgment of complaint against the thief in police station or to the
           “gendarmerie” station for people out of urban towns, eventually by bailiff statement.) and also that you had
           been taking every necessary measures of security (it means prints of house breaking that you would take in
           photo and send to your insurance). In addition, the tenant should take very care not to be absent too long
           from his/her/its premise (time mentioned in the contract) , as an exemple if he/she/it travels a lot, because
           it could be a good reason for the insurer to declare the contract null and void. Make the premise be habited,
           or that someone passes regularly to the premise, or clean the problem with your insurer.

           The guaranties natural disasters and storm are guaranties which were made obligatory in the contract by the
           article L122-7, and article L125-1 from the code of insurances. But, the covering of damages dued to freeze of
           the pipes and inundation that wouls be out natural disaster, are not always insured by the contracts and are
           nearly never mentioned in the basic contracts.

           The guaranty breaking of glass does not cover every type of glass or object in glass , it is necessary to read
           carefully the specific conditions of the contract of Multirisk habitation insurance subscribed. Eventually, this
           guaranty is not enforceable for accidental breaks.

           The guaranty fire of this contract covers the material damages caused by a fire, an explosion, or the
           thunderbolt. But from a contract to the another one, that action of the heat alone, and the smoke without
           fire are not insured. To finish, a guaranty for the electrical damages to the machines (covering the furnitures
           as the TV set, the household electrical appliance…) useful for new equipments, is not always mentioned to
           the contracts and can ask a complementary extension.

           In the case of damage, the mode of indemnification are not the same ones depending on the options chosen
           in the contract. In the principle, the unmovable estates (paints, wallpapers, wood flooring…)are indemnified
           with a value of ''reconstruction à neuf'' (It means that the indemnity is made on the price of the manpower
           and construction material on the day of the damage and not on the one of the signature of the contract) ;
           This guaranty plays under two conditions: a delay of two years previewed by article L 114-1 of the code of
           insurances and a same destination of the estates.

           For the furnitures, they are indemnified by “valeur de remplacement” “value of replacement” dilapidation
           less or “valeur à neuf”“value of new” always depending on the contract.




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           It is very important to keep the invoices of the things inside your premise somewhere. If you have not, the
           indemnification will be done with the expert in insurance’s opinion or , if you think you were injured by the
           expert, in front of a court.

           The guaranty water damages, damage the most frequent for this kind of contract, enable to be indemnified
           of damages made by water escapes or infiltration. To the origin of numerous disputes, the guaranty owns ,
           depending on the contract chosen, a long list or short list of origins which are not insured.

           As an evidence, the less you pay, the less you are insured.


           Who makes what ?


           In France the insurance members of GEMA and FFSA and some others have signed between them
           conventions called CIDRE and CID COP. These conventions defines the role each one has and you will notice
           further that it is not because something is in your flat that the insurance of the property manager is not
           concerned (as an example : the wood flooring damages). If we are not in those kind of conventions, the
           common right will predict who does what. We will come back on this point later.




           THE LACK OF MAINTENANCE , INSALUBRITY, THE
           LACK OF RESPECT OF NORMS …L’AGENCE
           NATIONALE POUR L’AMELIORATION DE
           L’HABITAT (ANAH) (NATIONALE AGENCY FOR
           THE IMPROVEMENT OF HABITATIONS)
           1)The lack of maintenance and the faulty state of the shell
           of the building.
           To strat this part, let’s beggin by a little case law.

           The case law fro the cour de Cassation chambre Civile III dated July the 18th 2001 obliges
           any insurer of things for the property manager to indemnify under the guaranty « water
           damage » the repairing of waterseepages sufferd by the co-ownership and coming both from a
           faulty construction and lack of maintenance from the property manager. This solution was
           surely decided because the faulty construction is considerate as the origin of the damage and
           that the lack of maintenance just aggravated them. As a result, under condition we can make
           evidence a firm has made a faulty construction, the damage can only be indemnified.

           Source :

           ANIL Agence Nationale pour l’Information sur le Logement

           ( http://www.anil.org/fr/analyses-et-commentaires/jurisprudence/2002/copropriete-assurance-habitation-
           defaut-d-entretien-etendue-de-la-garantie-degats-des-eaux/ )




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           As   we     can     read    on    http://www.maif.fr/conseils-prevention/habitation/prevenir-risques-vie-
           courante/prevenir-risques-principaux/degats-des-eaux.html ,

           , are out from the contract :

           The water damages coming from your flat that were beforehand the topic of a lack of repairing or a lack of
           maintenance characterized and known from he insured person.

           For the premises in co-ownership, is added the refusal to take in charge damaged supports which the shell of
           building as defined in article R*111-26 from the code de la construction et de l’habitation would be in a bad
                                                                   th
           state, as says the article 3 from the law of july the 10 1965 , in the silence of the titles, the shell of the
                                                                                                                        th
           building is not belong to you because considerate as a common part. The decree 2001-477 from may the 30
           2001 indicates that since 2001 a notebook of maintenance must exist and be completed by the co-
                                                                        th
           ownership. The article 18 of the law 65 557 from july the 10 1965 obliges to maintain the building in good
           state , and to provide its conservation.



           If you are in a rental building, where there is only one lessor, the decree 87-712 does not obliges you to
           repair the shell of the building, but the article 1719 and article 1720 from the civil code for other premises
           than empty premises, completed by decree 2002-120 from January the 30th 2002 indicates that everytime,
           the owner must provide to the tenant a shell of building in good state.

           The insurance owes you only the embellishments and will accept to pay firms repairing the embellishments
           that only make works of embellishment (as previewed in your contract).

           Let’s take the example of the painter :

           The painter is insured for its responsibility only for works under his responsibility (and more especially for
           those he has been formed to) (Livre II du code des assurances (the obligatory insurances) titre IV (insurance
           for the constructions works). It means every works mentioned in the DTU from the sequel 59.x… When the
           works are out this limit, he can only refuse them, so he avoids to engage la “garantie de parfait achèvement
           “(guaranty of perfect finishing), “la garantie biennale” (the biennial guaranty) ou “la garantie décennale
           “(the decennial guaranty) (as described further in this file) …

           The co-ownership or the lessor will have to make works of shell of building before the painter can come.


           Lack of compliance with the norms in force
           In France, it is AFNOR (http://www.afnor.org/ ; website translated in English ) which defines the norms.
           And it is a professional who has to know them. As far in order to know if a thing is in compliance with the
           norms or not, it is necessary to take appointment with three companies that make free quotes that you will
           find depending on the job aimed, on www.qualibat.com (for building), www.qualifelec.fr (for electricity),
           www.qualigaz.com (for gas).

           If a thing is not in compliance with the norms, the decree 2002-120 (which works for rental premises as well
           as the co-ownership) indicates that some elements should look like the criterias mentionned in the norms.
           So far we can read in the article 2:

           4. The networks of connection of electricity and gas and the equipments of
           heating and of hot water production are conformed to the safety norms
            defined by the laws and rules and are in good state of use and working



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           23 septembre 2011                  [France : water damages]

           So an electrician can refuse to repair electrical elements that are not normal, and for which he did not
           receive any order after a quote for changing the installations so they would be in compliance with the norms.
           If a damage happened, the electrician would be responsible not to have done a normal work and would be
           accused to let an installation threating the physical safety of the occupiers of the premise.

           It is the same thing for the plumbers.

           And in other circumstances, other building jobs cannot make interventions too.

           If we take the example of the painter, if a painter is electrocuted on the place of its work because of an
           electricity work not in compliance with the norms, the employer will be able to be engaged on his penal
           responsibility (jail or fees) and civil responsibility as he had to guarty the physical safety of his employee.
           (Sources OPPBTP)

           OPPBTP L'Organisme Professionnel de Prévention du Bâtiment et des Travaux Publics (Professional
           organization of prevention in building and public works)




           Adress national group                                     25, avenue du Général Leclerc
                                                                     92660 Boulogne-Billancourt Cedex

                                                                     Tel. : 01 46 09 27 00 - 08 25 03 50 50

                                                                     Fax : 01 46 09 27 40

                                                                     http://www.oppbtp.fr


           Activity                                                  L'OPPBTP is the partner of the professional of the
                                                                     building It is the advice in the domain of the
                                                                     construction, in what concerns the prevention, the
                                                                     safety, and the improvement of the works
                                                                     conditions.
                                                                     Its three missions : advising, educating, and
                                                                     informing




           General Secretary                                         Paul DUPHIL


           The insurance won’t see why to insure something that is no longer allowed on the day of the damage (i twill
           be considerated as a lack of maintainance).


           L’ANAH
           Yes But ! The owner or the property manager won’t have the financial means to pay the repairings of these
           disorders .

           The French governement thought to this problem and created the ANAH or National agency for the
           improvement of the habitation ANAH stands for AGENCE NATIONALE POUR L’AMELIORATION DE L HABITAT




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           L’ANAH has the mission to study your case and to subsidize the works of improvement and rehabilitation of
           the principal residences which are older than 15 years old. The payment can raise up to 70% of the amount.
           For more informations should you contact www.anah.fr.



           2.the plumbing and the norms:
           In order to start the following norms are to be noticed

           The DTU 60.11 Règles de calcul des installations de plomberie sanitaire et des installations d'évacuation des
           eaux pluviales. (rules of calculation of plumbing and installation of evacuation of the rain water.)

           This norm indicates, between others, which are the diameters a pipe must have depending on the flow it has
           to insure their developement, the height it is when it provides waterand the minimum pression at the ground
           we have.

           This      is     a  very      technical    norm       as     you     will     notice    if    you       visit
           http://www.thermexcel.com/french/ressourc/plomberie.htm which only a plumber (prefer it registered to
           QUALIBAT) has to mind, but a lessor owner owe it to the tenants because of decree 2002-120 and article 1719
           of the civil code.

           This norm shall be verified when a water escape happens too much often on a same point.

           It also indicates the diameter the pipes of evacuation shall have and presribes also norms of evatuation of rain
           water. As an example we learn the rain water shall never meet the used water at any point, so the public
           network of used water evacuation is not flooded as we will see it further.

           The DTU of the serial 43 for the roofing and the dtu from the serial 40 for the coverings are reserved to
           professionnal of these jobs but are always dued from the owner lessor to the tenants seens the decree 2002-
           120 and article 1719 from the civil code.


           Some words about the WC with built-in grinder
           (Source:                                             http://www.bricoleurdudimanche.com/enquetes-et-
           dossiers/enquetes/enquete_le_broyeur_sanitaire.html)

           Bricoleur du dimanche /LOGAWEB

           head                                                      1 centre commercial de la tour 93120 LA
                                                                     COURNEUVE



           SIRET                                                     49440759600019

           Legal Form                                                SARL

           Capital                                                   11.000,00 EURO

           RCS Immatriculation                                       Bobigny B 494 407 596




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           Nationality                                               France

           Manager                                                   Mr Lionel CHERY




           Practical and easy to install for some, noisy and hard to maintain for others, WC with built-in grinder
           (sanibroyeur or Broyeur sanitaire in french), seems to be an alternate solution to classical WC creating much
           problems. Those different opinions that we meet on internet forums come from experiences of those who
           used it. It was invented 50 years ago by SFA.

           How does this work?

           The WC with built-in grinder is a system of disintegration and draining away of the human excrements. Its
           use is particularly easy as this system copies the use of the classical WC, in the way where it evacuates the
           faeces with the water. The main difference if that there is an electrical motor which grinds the waste and
           push the used water in the network of the "eaux vannes" (a network exclusively made to drain away the
           faeces and urine). But the great advantage of such toilets is that they can be installed where a classical WC
           can't be (too much work or would be too far from the special connection for such system). Two elements are
           necessary for its working status., in addition to its connection to the evacuation: a water providing and an
           electrical plug. If one lacks, your grinder won't be able to work. If those WC have the possibility to be
           installed like anywhere, it is because they can adapt to a pipe with a small diameter.

           The classical toilets need an exit pipe which diameter can't be smaller than 100 millimeters (0,11yard, 0.33
           feet). A WC with a built in grinder can be installed on a pipe with a legal minimum diameter of 22 millimeters
           (article 47 of règlement sanitaire régional +French Norm NFC 15-100: 0.02 yards, 0.07 feet)and ideally
           between 30 and 40 mm for an optimum working. This conduct of evacuation must be directly connected and
           independently to a "chute d’aisance" (special connection for WC) but can also enable you to way the used
           water of your sanitary systems, of your bath, or your sink. In this case, you should get equipped with a
           "clapet anti retour"(no return valve) at the level of the connection in order to avoid the forcing back.

           The working of the grinder is automatic, generally depending on the level of water in the bowl or the
           activation of the flush. So it does not need particular manipulation for its use, in all way the same to classical
           WC. There are two big kind of WC with built-in grinder, the bowl with integrated grinder and the
           independent grinder. This last one is installed just behind the WC, at the level of the horizontal evacuation,
           and enables to enjoy a normal type of WC but with a grinder.


           The legal side of the WC with a built-in grinder.
           The installation of this kind of WC must be authorized by the DRASS (Direction Régionale des Affaires
           Sanitaires et Sociales) of your département, conform with article 47 of the "Règlement sanitaire" of your
           Region. It is important to notice that this point of right forbid the installation of such disposal in the new
           buildings (created after the publishing of the Règlement sanitaire) and the place of habitations or places
           enabling a classical WC and evacuation. But in lack of technical possibilities to connect classical WC in ol
           buildings (created before the publishing of the Règlement sanitaire), it is possible to install such WC under
           some conditions which the mains are listed below:

           the guaranty that all precautions are taken so that the installation won't cause forcing back in the "eaux
           vannes" in the systems connected to the same network.




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           The acoustic insulation of the system to limit the propagation of noise in the neighborhood.



           The quantity of water in the pumping stations must be limited to the necessary minimum for a correct
           working of the pump .

           The system must be constructed and installed so that its disassembly in case of maintenance can't cause a
           damage or any drawback for sanitary aspect.


             Its advantages:
           As it was said above, the main advantage of WC with built-in grinders is their perfect adaptation. You can get
           a WC nearly anywhere. However, it does not make them be bottom end of the market. The other advantage
           of such WC is that it is self sufficient: Its evacuation pipe can measure 50 meters long before it reaches the
           "chute d'aisance" (special connection for such system) following horizontally a 1% gradient. Some of them
           use a combo grinder-pump so powerful that it enable the evacuation of used water up to a height of 5 or 6
           meters. It enables to install them below your main evacuation of waters and be able to equip a water room
           in the basement. Don't forget that for such evacuation to up from down, it is necessary to equip your system
           with no return valves (clapet anti-retour) to guaranty the safety and the good working of your network in
           eau vannes.

           At least, the WC with built in grinder does not expect to serve only in our house. It is a solution that is used in
           camping cars, trailers and mobil homes with special products in order to go in holidays with all the comfort
           aboard.


           Which are the disadvantage?
           The main disadvantages of such grinders are the noise when they work. The motor of the grinder and moves
           made by water produce vibrations which are, in addition, amplified by the sound box formed by the bowl
           and the pipes. It can make a strong noise depending on the models. In an individual house, this noise only
           bore the occupiers but in flats, if they are not or badly insulated, this noise can propagate and bore the
           neighborhood. this is why it has a bad reputation in the buildings. But nowadays the manufacturers have
           made progress in the use of the material and make the noise be less damaging, around ten times less noisy
           for the new generation depending on the test in laboratory.

           The other problem of such WC is its dependence to electricity. In case of electricity break or any trouble in
           electric providing, you won't be able to use it. It can be annoying if the situation lasts.


           How do we maintain it?
           The maintenance of a wc with built-in grinder is not different from the one of a WC more traditional You can
           use the products with which you clean your normal WC . It is important to look after the scale. It must not
           accumulate too much or the grinder won't work normally. A descaling twice or three time a year without
           forgetting to unplug the electricity providing before (to avoid accident and to avoid the automatic working) is
           highly advised. Think about consulting the "options" which are proposed by the seller when you buy a WC
           with built-in grinder(such as the treatment anti-sediment or a bacteriostatic bowl).




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           Of course, the ideal would be to never be obliged to repair such system. Some rules must be respected.
           There must not be anything else thrown in the bowl than toilet paper. Anything else could break the motor.



           As a lot of products for the house, the WC with built-in grinder is a product which evolves, declines and is a
           tool of research and improvement. Thanks to progress realized since its first conception, the market offers
           nowadays products safer, more silent and efficient compared to some years. In addition, it exists in so many
           models that a lot of solutions can be proposed in order to adapt to your room.

           It is affordable as the first grinders from "quality" cost around 300€ in every do-it-yourself shop.




           Plumbing ,électricity, gutters, roofing… whom what is it?
           (difference between common parts and private parts)
           In an indépendant premise, the difference between what has to be mended by the tenant and what has to
           be mended by the lessor is told by decree 87-712 on one hand and article 1732 of the civil code on the other
           hand. IE the tenant is bound to repair everything damaged by his fault. If it has not been damaged by his
           fault then he will have to make the evidence of it as we will see it further (inventory of fixtures, report drawn
           up by the two parts involved, bailiff…)

           The thing is a few more complicated in the co-ownership but we have to know the article 3 of law 65 557
           from July the 10th 1965 and article R*111-26 du code de la construction et de l’habitation that we mention
           below:
                                                    th
           article 3 of law 65 557 from July the 10 1965

           “Are common the parts of the buildings and lands affected to the use and the utility of every co-owners or
           several co-owners.

           In the silence of the titles (the “règlement de copropriété” the co-ownership rule” , are reputed common the
           parts :

           - The floor, the courtyards, the parks and garden, the ways of access

           - The shell of the building, the elements of common equipments, even the part of pipes bustling about it that
           cross the private parts.

           - Box, sheatings and head of chimney ;

           - The rooms of common services;

           - the passings and corridors.

           Article R*111-26 from the code of building and habitation

           The shell of the building (french : gros œuvre or gros ouvrage) are:




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           a) The load-bearing elements bringing about the stability and the solidity of the building and any other
           elements that are integrated in them or stand solidity behind them.

           b)The elements that make the enclosed, the covered and the waterproofness excepted their mobile parts.

           These elements includes notably :

           - The coverings of the walls excepted the paint, and the wall papers ;l

           - The stairs and the floor included their elements in rigid materialles

           - The ceilings and the fixed walls;

           - The parts of mains ducting, piping, lodged inside the walls, ceilings, floors, or inside the mass of the covering ,
           excluded those who are only sealed;

           - The fixed framework of the elevators and goods-lifts ;

           -The frame of the doors, windows and glass roof or glass walls.

           We also use this definition for electricity.




           In a flat, the custom (another kind of value recognized by the French jurisdiction, after the laws, decree
           orders…) wants we define the tap providing the water in the flat as a frontier between common parts and
           private parts. Before the tape providing water in the flat we are in common parts and after, we are in private
           parts. As you read, the pipes lodged inside the walls if the co-ownership rules does not say anything, are
           common parts, this is the same thing with pipes with common use which across your private part.

           For electricity we will use your counter.


           Limit of the pipes for used water between the property, co-
           ownership and town.

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           Article L111-5 du code de la construction et de l’habitation :




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           Conformed to the articles L1111-2 à L1111-4, L1311-1 and L1311-2 of the « code de la
           santé publique », in each French « département » a sanitary rule written by the
           representative of the state in the french « département » define the prescriptions about
           the salubrity of the dwellings and their dependency.

           Conformed to the articles L1331-1 to L1331-7 of the “code de la santé publique”, the
           buildings for habitation must be connected to the sewers built to receive the domestic
           used waters.

           Article L 1331-1 “code de la santé publique”

           The linking of the buildings to the public network of collection built to receive the
           domestic used waters and installed under the public ways to which the buildings have
           access or directly, or through private ways or servitude of traffic, is obligatory in a delay
           of two years from the putting in operation of the public network of collection.

           A « arrêté interministériel » defines the category of building for which a « arrêté » of the
           mayor, approved by the state representative in the french « département », can give
           extensions of delays which cannot exceed a duration of ten years, or exemptions of
           obligations mentionned in the first paragraph.

           It can be decided by the town that between the putting in service of the public network
           of collection and the linking or the expiry of the delay granted for the linking, it collects
           from the owners of the linkables building an amount equal to the charge (redevance)
           instituted in enforcement of article L.2224-12-2 of code général des collectivités
           territoriales.


           The town can define the technical prescriptions for the realization of the linking of the
           buildings to the public network of collection of used waters and rain waters.

           Article L 1331-1 “code de la santé publique”




           I. – The building not linked to the public network of collection of the used waters are
           equipped of a not collective installation of cleaning up which the owner makes a person
           registered by the state representative in the French “department” be in charge of
           regularly checking the maintenance and the emptying so the good work is guaranteed.

           This obligation is not enforcable for given up building, nor to buildings that, in
           enforcement of rules, must be destructed or have to stop being used, nor to buildings
           which are linked to installations of industrial or farming purification under condition of
           a convention between the town and the owner defining the conditions, notably financial,
           of linking of these private effluents.




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           II. – The town gives to the owner of the not collective installation of cleaning up the
           document beeing the result of a control mentioned to the III of article L. 2224-8 du
           “code général des collectivités territoriales”.

           In case of no compliance with the norms enforceable of his not collective installation, the
           owner makes the works prescribed by the document joint after the control, in a delay of
           four years following its realization.

           The modalities of registration of the persons which realize the emptying and take in
           charge the transport and the elimination of the material extracted , the modalities of
           maintenance of the installations of the not collective cleaning up and the modalities of
           checking of the compliance with the norms enforceable and the realization of the
           diagnosis are defined by a « arrêté des ministres chargés de l'intérieur”(orders of the
           ministers in charge of the “intérieur” (ie any question about the territory
           administration, the safety inside the country, the public liberties and the local
           collectivities), )the ministers of health, of the environment, and of the habitation.



           Article L 1331-2 “code de la santé publique”

           During the building of a new public network of collection or the incorporation of a
           public network of collection of rain water to a network built for receiving the domestic
           used waters, the town can without consultation make the works of the parts of the
           connections located under the public ways, up to and including the nearest limit of the
           public estate.

           For the building built after the putting in operation of the public network of collection,
           the town can take in charge, to the demand of the owner, the execution of the part of
           connection mentioned in the previous paragraph.

           These parts of connection are incorporated to the public network, property of the
           town.The town makes the maintenance and the control of the conformity with the
           norms enforceable.

           The town is allowed to require the repayment by the interested owners everything or a
           part of the fees made by the works, reduced by the grants obtained and increased of
           10% for the “frais généraux » (fees made and which are not included in the production
           of this network…), following modalities to define by “délibération du conseil municipal”
           (deliberation by the town council).

           Article L 1331-3 “code de la santé publique”

           In the case where the linking is made through a private way, and without damage to the
           articles L.171-12 and L.171-13 du code de la voirie about the cleaning up without
           consultation of the private ways of Paris, the fees of the works made by the town for the
           execution of the public part of the connections, as it is defined to article L 1131-2, are
           repayed by the owners, or of the private ways, or of the side buildings, because of the
           interest that everybody has to the execution of the works, in the conditions mentioned to
           the last paragraph of article L. 1331-2.



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           Article L 1331-4 “code de la santé publique”



           The necessary works to bring the used waters to the public part of connection are uneder the exclusive
           charge of the owners and must be realised in the conditions mentionned to article L.1331-1. They must be
           maintained in good state of work by the owners. The town controls the qualities of execution and can also
           control their maintenance in good state of work.

           Article L 1331-5 “code de la santé publique”

           As soon as the connection is made, the tanks and other installations of same nature are put out of the state
           of serving, or creating nuisance to come, by the care and to the fees of the owner.

           Article L 1331-6 “code de la santé publique”

           If the owner does not respect his obligations mentioned to articles L. 1331-1, L. 1331-4 et L. 1331-5, the town
           can, after requirement to do, make the indispensable works to the fees of the interested person.

           Article L 1331-7 “code de la santé publique”

           The owners of the buildings built after the putting in operation of the public network of collection to which
           these buildings must be linked can be forced by the town, in order to count the economy made by them by
           avoiding a prescribed individual installation of evacuation or purification, to pay a participation raising up to
           a maximum of 80% of the cost of supplying and fitting of such installation.

           A deliberation of the town council defines the conditions of perception of this
           participation.




             2.How to prevent water damages ?

             * Be insured to know where are the taps supplying the water in your premise so you can get them on their
           off position in case of emergency.

           * It would be too expensive in time and space to describe every kind of operation for the maintainance of
           the facading, depending on which material are on it. But it is not possible not to have at least one to make 10
           years after the building and then every ten years (article L 132-1 Of the “code de la construction et de
           l’habitation). You should contact a QUALIBAT firm (www.qualibat.com key word : peintre) to know more
           about the maintainance. Work of the co-ownership for building in co-ownership or the owner lessor seen
           the lack of prescription in the decree 87-712.)



                   Limit the pressure in order to prevent the risks of escape:




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           If the pressure of the network of providing is high (from 3 bars), the
           taps, water-heater and domestic electrical appliance are put to a severe
           condition. It is possible to install a reducer of pressure at the start of
           the installation of water in order to avoid an overconsumption, escapes on
           the flush, to the joins, to the hot water tank

           The overpressure are often met in buildings of great height, overpressure
           compared to the public network, or in the area with a strong change in
           altitude. In order to know it, get a classic tap switch it on and time the
           time you fill a bottle which you know the volume. If the tape flows over
           16 liters per minutes, you can be insured the pressure is over 3 bars.




           * Some co-ownership pay so that the provider taps of water for the premises are checked once a year. Do
           not be absent to these appointments or enable the access to these last ones.

           * The tenant is not bound to make every operations that enable to maintain the machines that produce hot
           water by the decree 87-712. The lessor (because of article 1719 of the civil code or article 6 of law 89 462
           from july the 6th 1989 and because of the decree 2002-120) must have a contract of maintenance near a firm
           certified QUALIBAT (www.qualibat.com : the key word is chauffe-eau entretien et dépannage ).



           *The repairing of common pipes are under the responsibility of the property manager. It shall keep a map of
           the hydraulic installations of the building and write an history about the interventions of the companies on
           these installations. If a faulty construction compromises the solidity of the work or got it unhabitalbe, the
           company which realised it has to repair it because of the guarnaty of ten years after the day of taking
           delivery mentionned by article 1792 of the civil code.



             * Always close the windows when you leave or when it is raining.

           * Protect or make the gutters be protected with fencing and gratings so the dead leafs wont block it. (work
           of the co-ownership, in case the building is shared between several co-owners, if not work of the lessor).
           Once a year , whatever if it is protected or not like said above, it shall be cleaned.

           Source: http://www.maison-facile.com/032article_rubrique.asp?num=1866




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            * Do not throw anything else in the WC than toilet papers. It is the only one which dissolves itself in a
           correct way so it is usable for the WC. The handkerchiefs and the other papers can dissolve themselves
           hardly and make a stopper in the pipes creating an overpressure making the joins explose.

             * Maintain regularly your gutters and others installations to evacuate the rainwater. (In the buildings in co-
           ownership, the property manager will do it because of article 3 of the law 65 557 from July the 10th 1965
           excepted if the rules of co-ownership decided these were not common parts. But in this last case the owner
           will make what has to be and cannot invoke the decree 87 712 from august the 26th 1987 because this one
           specifies that the tenant is obliged to disgorge those gutters and rainwater evacuations if and only if
           he/she/it is the only one to enjoy this installation.



                  If you have to leave for some days or some weeks, put the tap that supply the water in your house
                   on the off position.
                  During the winter, put the boiler on the position “hors-gel” (anti-freeze). The formation of ice inside
                   the pipe can bring a risk of breaking and the damage can be very important.



             * Protect the pipes passing next the air of outside (basement windows…) with a casing, so there won’t be
           stopper of ice.



             * Be insured that your premise is ventilated , isolated and heated correctly (see our parts further) : the
           sequels from condensation are not insured by any insurance.

           * If you leave, lend the keys to your keeper or a neighbor. And put a word on your door so we know where
           to find the keys if necessary. This little operation can make you avoid problems, of firemen who came to stop
           water escapes in your flat and which make you have a great difficulty to be indemnified with the doors and
           windows broken.

           As Mr. Jacques BARTHET , architect , on his blog http://archidinterieur.over-blog.com/article-25239306.html
           about the waterproof fillers around the bath sinks showers…:




           You have to wash them with a sponge soaked with pure bleach in order to remove every mushrooms and
           moistures that make these joins lose their waterproof quality and their hardness.

           It is generally advised to remove these joins and to substitute them by others after 4 or 5 years, depending
           on their place (especially around the showers). If you are a specialist of do-it-yourself, you should make it,
           but if not ask a « carreleur » (tiler) that you will find on www.qualibat.com .




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           A roof wich is over ten years old, has to be checked by a professional (« un couvreur » in french) . Then every
           ten years. Then every two years when it is over 20 years old and every year when it is 40 years old.

           Source : article written by Mr Christophe Leray http://www.travaux.com/dossier/toiture/101/L-entretien-
           de-la-toiture.html

           Travaux.com – La Centrale des Marchés Privés



           Legal form                                              Sarl au capital de 100 000 euros
           RCS Number                                              RCS Aix-en-Provence B 489 170 001
           Head quarter                                            Parc du Golf – Bât 7
                                                                   350 rue Jean-René Guilibert Gauthier de la
                                                                   Lauzière
                                                                   13856 Aix-en-Provence cedex 03
           Manager                                                 Mr David HABIB




           3.The signs not being the sequel from water
             damages :

           The cracks inside:
           Fédération Française du bâtiment (French federation of the building trade)

           Activity                                                Professional   union   trade    for   building   trade
                                                                   companies

           Head quarter                                            10 rue du débarcadère 75017 Paris

           Nationality                                             France




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           President                                              Mr. Didier Ridoret




           The cracks inside a premise have different origins, in every case, they are not the direct consequence from a
           water damage and can come back or get worse if they are not treated properly.

           Beware

           It is possible that water passes by the cracks and can be identified as a water damage. If it is the case you
           should see yellow spots along its way or you should see a liquid that would have poured. This is only in those
           last cases you can declare a water damage.




           Some possible causes:

           The cracks are dued to the moving of building elements.

           One rule of physics well known is called dilation. Every element under effect of heat extend its size and
           under the effect of the cold, it reduces. It is the same for the building.

           The buildings are submitted to several thermics and hydrolics attacks: rain, wind, cold, sun , heat (from
           inside)

           Under these attacks, the building elements are going to extend under effect of heat and reduce under effect
           of cold. But every elements are not from the same nature and it is possible they extend but not on the same
           speed. So far one element can extend too quickly and push on the elements around until they cannot resist
           and finish to crack.




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           Example : case of the lintel




           The lintel is inside a realization in bricks. Under the       This push can on one time overpass the
           effect of the heat it is going to extend and it is going to   mechanical resistance of the brick. The bricks
           push the walls in bricks.                                     break and cracks appear.




           This effect can be avoided during the building by installions joins of dilation (in silicone or in element plastic
           enought so it enables the moving of the different elements.)

           The cracks dued to the moving of the ground


           Other cracks can appear because of the moving of the ground. When they form crevices (cracks over 2mm
           large) , it is preferable to call a mason found on QUALIBAT (www.qualibat.com).



           The cracks dued to humidity

           Some little cracks can appear in the coats of plaster on the frontage of the premise because of humidity.



           If the cracks is under 2 mm large ask for a painter you will find on QUALIBAT www.qualibat.com .



           If the crack is higher than 2mm large :

           You should call a professional such as www.uretek.fr .




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                                                                                                                           th
           Seen the decree 87 712 and the civil code in its article 1720 or the article 6 of the law 89 462 from July the 6
           1989, this kind of work cannot be a repairing to be paid by the tenant.) In addition, the cracks dued to
           normal dilapidation, and not threatening the elements contained in the decree 2002-120, cannot make an
           obligation to repair by the owner, and we remind the civil code in its article 1730 and the article 7 of the law
                                  th
           89 462 from July the 6 1989, the tenant cannot be obliged to repair what perished because of dilapidation.
                                                                     th
           In co-ownership, seen the article 3 of law of July the 10 1965, completed by article R*111-26 of the code of
           construction and habitation, it is always to the co-owership to repair the cracks threatening the stability of
           the works.




           The condensations:
           See further our article about humidity.

           The problems of condensations are not, in principle, insured by any insurance. Because these kinds of
           consequences were foreseeable. You will see further that the only remedy we can bring , are isolations of
           the walls of frontage and the creating of new sources of ventilation.

           Seen the decree 87 712 and the civil code in its article 1720 or the article article 6 of the law 89 462 from July
                th
           the 6 1989, seen equally the report of INVS (National Institute of health measures surveying) EXTRAPOL
           n°27-december 2005

           www.invs.sante.fr/publications/extrapol/27/extrapol_27.pdf

           Moistures in the inside air and health and the decree 2002 120 “the nature and the state of conservation and
           maintenance of the elements of building, of the pipes and coverings of the premise don’t represent a risk for
           the health and the physic safety of the tenants”, this kind of work cannot be the tenant’s charge. It is
           obligatorily made by the owner excepted if we find the tenant made something to get these consequences
           (such as putting a stopper on the ventilations to preserve him from the cold). In this last case the security
           deposit could be kept by the owner.


           The scalings :
           Fédération Française du Bâtiment

           Activity                                                 Professional union trade for the professionals of
                                                                    building trade.

           Head quarter                                             10 rue du débarcadère 75017 Paris

           Nationality                                              France

           President                                                Mr Didier Ridoret




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           The scalings appear to the surface of a dry paint, driving to its complete deterioration. On the beginning,
           narrow cracks appears , followed with scalings which can be removed easily with the finger but there is no
           evidence of humidity as moistures or rings.



           Possible causes:

           • Use of a bad quality paint having an insufficient softness and adherence.



           • Paint which were too much diluted or the coat of paint is too sharp.



           • Bad preparing of the surface (lack of respect of DTU 59.1)

                  Acrylic paint on white-spirit based paint with out sandings and use of a water based undercoat
                   before.



           • Coat of Paint which were painted by cold weather or when there were too much wind, this last one can
           make the paint dry too quickly stopping them from adhering correctly. It also happens if the surface was too
           hot.

                  The old coats of paints are victim of dilapidation and are no longer able to support anything
                   (exemple of the distemper based paints we used in the Parisian buildings in the 1930’s )



                  The rate of humidity is too high in the room and the paint is no longer suitable for it.
                  And many many more….

           SOLUTION




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           Have a chat with a paint professional that you will find on www.qualibat.com .

           (Seen the decree 87 712 “small touch up of the paintwork and wallpapers; getting back to their place or
           replacement of some elements of materials of coverings such as crockery, mosaic, plastic material; putting
           the top back on holes made assimilatable to repairings because of the number, the size and the place of
                                                                                                                 th
           those ones.” And the civil code in its article 1720 or the article 6 of the law 89 462 from July the 6 1989, this
           kind of works cannot be the tenant’s obligation excepted if it deals with small repairing. (Mr.AMORAVIN
           juriste for the Groupement des Professionnels de La Peinture et de la Finition says there is no precise
           definition about the word « small» in this decree .

           But our French right can accept the uses and customs as a definition, and in insurance, there are “bordereaux
           de prix” (slips of price) which define the word “small”… it could be translated as so:

           Scalings on 1 to 5 m² of paints on one or several “subjectiles” (surfaces to paint) which the size doesn’t
           exceed 18m² (paintworks to make in the respect of the DTU 59.1 supplied by AFNOR (association Française
           de normalization ) http://www.boutique.afnor.org/ (look at the bottom of the page for English version) .

           It is asked the tenants asks a company of paint he will find on www.qualibat.com so his responsibility cannot
           be engaged if the paint does not hold well, and so he can beneficiate of the guaranties previewed by the law
           (“biénale” during two years after the delivery of the work and décénales “ten years after the delivery of the
           work, see our parts on it further).

           Whereas, the scalings belonging to normal dilapidation (paints that would be older than 10 years)

           Source : http://www.adil.org/56/modules.php?name=News&file=article&sid=222 )

           ADIL 56

           Activity                                                 Departemental agency of information for the
                                                                    lodgement in the Morbihan

           Head quarter                                             PARC D'ACTIVITES DE LAROISEAU

                                                                    14, rue ELLA MAILLART

                                                                    56000 VANNES

           Nationality                                              France



            Cannot make the topic of an obligation of repairing by the tenant seen the civil code in its article 1730 and
           seen the d) of article 7 of the law 89 462 for tenants of unfurnished premises.

           If the scalings are important (over 40% of the surface, see our part about the faulty works first, on the other
           hand, if the responsibility of the company cannot be invoked, the owner should repair this last one in the
           case where children would live in the premise, these paint that are removable with the hand could be
           ingested so it could be a threat for their health, and so the decree 2002 120 could be invoked.




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           23 septembre 2011                 [France : water damages]




           4.The exclusions
           Some water damages are not guaranteed by your contract. Between them, the most often, the water
           damages dued to rainwater when it was raining but the windows remained opened. Whereas, the law
           obliges the insurance companies to make the what is necessary in the case of damages dued to natural
           disaster such as rising of river… (Law from Jully the 13th 1982 . Art. L.125.1 to L.125.6 – code des assurances
           « insurance code ».Law from 25/06/90. Art. L.122.7 – code des assurances « insurance code »).

           Also, the insurers won’t indemnify the damages dued to a bad maintenance or a negligence of maintenance
           indisputable and known from the insured person.

           For more informations, read the paragraph « exclusion de la garantie » (guaranty excluded) from the chapter
           « damages to the estates » "dommage aux biens " of your contract.




           The litigious cases of humidity
           Source :

           http://reponsesmaison.com/magazines2/faire/

           MAGAZINE FAIRE FAIRE édition pro N°51 from December 2008, Jannuary – February 2009 written
           by

           la SOCIETE EUROPEENNE DE PRESSE ET D'EDITIONS PROFESIONNELLES (SEPEP) (European company of press
           and professionnal editions)

           Activity and code NAF                                   Edition of reviews and magazines -5814Z

           Adress                                                  26/28 Rue de la Providence - 75013 PARIS 13

           siret                                                   38751481300030

           Legal Form                                              Société à responsabilité limitée

           Registered Capital                                      7.622,00 EURO

           Nationality                                             French

           Manager                                                 Mr. ASSELIN Philippe

           Copyrights                                              From what were written the January the 27th 2009 in the
                                                                   copyrights of the website of the SEREP
                                                                   (http://reponsesmaison.com/mentions.htm) One is able to
                                                                   copy these informations but :

                                                                   « SEPEP concedes the right to consult , copy, and
                                                                   reproduce and distribute copies of documents contained
                                                                   in the website under the following conditions




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           23 septembre 2011                  [France : water damages]

                                                                   - The documents are used to inform onl.
                                                                   - The documents are not used for commercial reasons
                                                                   - The copyrights of the SEPEP are readable on every
                                                                   copy of these documents

                                                                   The magazine was on the website and so could be copied
                                                                   on January the 27th 2009. »




           New or not, every building can be one day the victim of disorders created by humidity. How to define the
           cause with certainty? And which measures to take to solve the problem ? Two questions which, alone,
           bring multitude of answers.

           No use to live in an English mansion to be in front of tenacious odours of moistures , to walls or ceilings
           stained, to coats of plaster removed, to moss on the walls of frontage of house... Each of these symptoms
           reveal the existence of at least one « problem of humidity », term too vague to define properly realities -
           and origins- often really different. Let us start by distinguish between those who are from accidental
           origin, which are enough easy to solve, from those who come from the conception or the structure of the
           building. By knowing the symptoms, it will be more easy to undertake the correct steps and, should the
           occasion arise, to choose the professional in charge of them.

           What is humidity ?


           The humidity is a quantity of water steam contained into the air. It is everywhere, even in us, because,
           when we breath, we let some steam escape. Necessary to life and for wellness, humidity can become a
           problem, and in some cases an enemy. Problem when it is excessive (feeling of discomfort, sweat and
           bigger risk of allergy…) and an enemy because it is able to damage our premises severely.

           How is it possible?


           Water evaporates in the atmosphere until it reaches a maximum proportion into the air of water steam
           .This is what we call the saturating humidity which is the maximum capacity of absorption of the water
           steam in a mass of air to a defined temperature. The saturating humidity changes with the temperature.




           (In the vertical it is written : water steam in g/kg)

           (In the horizontal it is written: Temperature in C°

           This graphic shows, for a defined temperature, the maximum quantity of water steam in grams by
           Kilogram of dry air that can be absorbed to different temperatures.




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           This curve enables us to notice two things:

           If the air is hotter and hotter, the capacity to absorb the water steam is bigger and bigger: To 20°C, 1 Kg
           of dry air can absorb up to 14.7g of water steam. On the contrary, if the air is colder and colder, its
           capacity to absorb the water steam reduces.

           To 10°C, 1 kg of dry air cannot absorb more than 7.6 g of water steam:

           The relative humidity is traduced by a percentage:




           This is also what we call the hygrometry rate. As an example:




           • We are in a room where the temperature is 20°C.

           The air in this room contains 7.32g of water steam by Kg of dry air (absolute humidity) . To 20°C we
           know the air can absorb a maximum of 14,7 g of water steam by kg of dry air (saturating humidity, from
           the graphic) .



           The relative humidity is calculated as so : L'humidité relative se calcule ainsi: 7,35 x 100/14,7 = 50. Nous
           avons une humidité relative de 50 %

                                                                                         = 50%

           • Let us reduce the temperature of this room untill 10 °C



           The room remaining closed, the air is still 7.35g of water steam (absolute humidity). We know that to this
           temperature, the air cannot absorb more than 7.6g of water steam (saturating humidity).



           The relative humidity is :                                                      = 96 %




           A question of confort


           The comfort slot is indicated by the rate of relative humidity. It is located between 50% and 70%, with an
           ideal average between 55% and 60% , for a temperature around 20°C. In these conditions why a room
           looks like more humid in winter than in summer? This is a question of comfort sensation that you perceive
           which depends in great part on the association between humidity and the temperature 19°C, the air is
           more quickly and it makes you shiver. In addition, as the air is a « multiservice » carrier, the moistures
           and bacteria take advantage of it. Dark spot appear, the wallpapers peel off and the bad odours give off. It
           is time to retort in order to preserve the building and the health of the occupiers.



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           How does it manifest itself ?


           While the « liquid » water naturally comes from the soil, the rain or condensation of water steam,
           Humidity is present on a permanent way present into the air. Inside, it is produced by the occupiers
           because of their presence and their activity (cooking, washing with hot water, shower and baths…).

           We estimate that a French family constituted with four persons produces 6 Kg of water steam everyday
           and that the classical household activities produce 5 per week. On the totality and on the year, it is not less
           than 2 t of water steam which are produced in the premise! Nothing neutral when we know that today, for
           economy of energy, we are advised to live with the windows closed. No problem when the premise is
           recent and so, owns a controlled mechanical ventilation system (ventilation mécanique controlee) (also
           called VMC).



           It is not the same when a older premise, provided with very insulating woodwork, as the same effect than
           a “pressure cooker” when a member from the family takes a shower or is cooking. As we will see further,
           the consequences linked to works of renovation made in a illogical way with the existing frame can
           engender damages that could have been avoided. In this idea, the simple presence of a hygrometer (often
           inserted in some domestic weather forecast stations) enables to notice an excessive level of humidity and to
           start the correct healing action as additional ventilation or a balancing by increasing the room
           temperature .



           How to understand the selection of professionals


           For the premises built after 1980
           This case is certainly the most simple. The law made the presence of VMC be obligatory in every individual
           or collective premises ( Arrêté du 24 mars 1982) that were built after 1982 in France. The VMC is the only
           solution which associates the needs of the surrounding humidity renewal and evacuation, without
           depending on the climatic conditions. It works permanently, in every circumstance. In version simple flux
           HYGRO (A or B), its rate of flow adapts itself automatically depending on the humidity rate of every room. In
           version double flux, the humid air evacuated transfers its heat to the dry air coming from outside thanks to
           an interchange. There will always be excess of humidity, even with the best installation of VMC. The hope to
           dispose of a constant rate of humidity , during the whole year, in every room is an utopia. On the other hand,
                                                                       each excess of humidity has to be evacuated the
                                                                       most quickly as possible. And this is what an
                                                                       efficient VMC knows to do. Nevertheless , the good
                                                                       work of this ventilation is linked to the obligatory
                                                                       presence of entry of air located above the
                                                                       windows, if no principal entry of air is present in
                                                                       the principal rooms. Check that these entries are
                                                                       always clean to insure a optimum service.

           If your VMC is hygro adjustable, do not wet the fixed parts of the ventilations, it would disturb its work. If
           this ventilation is in perfect state for work, on the face of it, there shouldn't be any excessive humidity
           appearing in your house, excepted if there is water damage of course. If the “symptoms” persist, this
           pathology certainly comes from structural or accidental causes, which are described further.




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           For premises built before 1980


           For this kind of premises and more precisely for the oldest, the causes of pathologic humidity are as varied as
           numerous. The advice from a specialist is the most adapted solution (DOMOSYSTEM,MURPROTEC…). Indeed,
           the remedies adapted to recent building are able not to be sufficient to solve the noticed problems. A good
           diagnosis enables to identify the most important causes and to organize the works following the priorities.
           Because it is useless to buy a drainage of the walls if the origin of the damage was not identified and that we
           remain uncertain of it. The cost of such intervention is not cheap, you have to get sure that: “the final result
           will be on the level you wish”. Because humidity, when it is demonstrated, can cause extremely important
           damages and, in some cases, irreversible effects.



           If the causes are not structural or accidentals, it might be an environmental problem. A ventilation not being
           sufficient, or not existing, a thermal insulation that is not adapted, woodworks simple glazing out of age, a
           flagstone not insulated and a waterproofness to bad weather more than insecure are sufficient to provoke a
           omnipresent humidity. The effect “cold walls” plays to its maximum with a maximum condensation totally
           not compatible with the notion of comfort. In this case, no panic but no half solution too, a rebuilding in the
           rules of art (defined by a norm or a DTU from the AFNOR) should solve the problem for ever.

           Beware one more time not to neglect the ventilation which will be, in those conditions, the principal lung of
           your house for an atmosphere as comfortable as healthy.




           A natural ventilation , in this kitchen, can be not sufficient when the activity gets more intensive. To solve
           this problem of a punctual excess of condensation, we have to replace the grille of air ventilation by a
           motorized cast in one piece hygro system which is the best solution cost/efficiency.




           Beware the deshumidifier !

           The efficiency of the chemical deshumidifier, with crystals of calcium chloride, are limited to its immediate
           environment, a cupboard as an example. Because of its conception, its functioning is not adjustable. The
           brine produced cannot be dumped in the sewers.




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           The electrical machines are more efficient as they are preprogrammed to work as many time as it is
           necessary until the humidity gets 50%. Their optimum work depends on their place and their maintenance
           (frequent change of the filters). On the other hand, their electric consumption is important (about 300W).
           Even with the quality of these machines, it is more efficient to treat the cause of the excess of humidity and
           to maintain a permanent air renewal (it is advised to open the windows in every room during ten minutes
           everyday).



           Know everything about the causes of humidity

           Accidental causes




           In the brown square it is written : these little damages justify to make the works with out delays: in the case
                   of this tile, with a special filler and an aluminum and asphalt band, auto gluing when it is cold.

           Moisture at the bottom of a façade which is adjusted to the north is not always considered as capillary
           climbing: it can be caused by rain ricocheting on a tiled surface. To be treated with an anti-moss and to
           prevent by the building of a gutter.

           On the headline of the accidental causes are the water seepages. Principally aerial then ones can be
           underground as we will see further. Their symptoms are located and easy to identify.



           1 .Faulty Roofing and gutters




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            In the bottom of this photo of gutter, it is written : Beware the pierced gutters : an insignificant escape can
             make serious damages when the water waters the façade on a continuous way, or when it infiltrates the
                                       ground level of foundations not protected properly.

           Blistered paint, wallpaper peeled off, areas bleached (on mouldings) , dark spots (on a raw plaster),
           moistures… are symptoms which appear on a ceiling of roof space habited, on the ceiling of a roof space not
           habited, even on the top of a wall in a room located in the superior grounds. They are often synonymous of
           a problem of roofing: cracked tile, pierced slate or broken stale, shingle that has become porous, damaged
           flashing , join of ridge or of barge torn, stump of chimney cracked… And all this can be very far from the
           damages noticed inside. So you imagine the difficulty to discover the exact origin and to heal it, as the
           professionals never forget to remind. In addition, the older the roofing is, the more numerous will be the
           failures. Let’s present for this topic, the water seepages that can be punctually noticed when the powdery
           snow or the rain, pushed by the wind, slide under the tiles or slates of a roofing not provided with a
           waterproof coat under the roof. This water can remain prisoner during months in the isolating material
           (most often in mineral wool which will lose its capacity ).



           2. Porous coatings and walls
           Excepted if it is composed with filled brick, cut stones or other traditional material that is self- sufficient , the
           facade walls in cinder block and empty bricks are generally protected by a coating like coats of plaster or
           paint. With out entering in the details of their composition, know that these products are more or less
           permeable and topics of different pathologies (see the magazine « FAIRE FAIRE » N°39). We can notice the
           cracking – which will happen only on coats in form of very thin stitch – real cracks or which , have all the
           capacities to be responsible of water seepages depending on the orientation of the facade to the main
           winds.

           Results of pressures suffered by the building, cracks can also happen on the masonry work in brick or rock,
           with the same consequences.

           The damages outside are noticeable under form of moss (on the walls not much exposed to the sun) , coats
           blistered or joins crumbling away. But these symptoms can also appear because of capillary climbing (see
           further). Inside, these water seepages are mostly noticeable as round spots, which the color is brown or
           white. They only appear during the rain weather, they have no link with the permanent spots which are dark
           or greenish which reveal a problem of condensation or water damage (see further).

           What shall we do then ?
           Many options are possible, once more, after the opinion of a professional

           - Installation of water-repellent,



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           - installation of a coating of waterproofness,

               -   refacing,
               -   installation of an insulating cladding.

            It is necessary to distinguish between water seepages limited to some defined points (cracks near a lintel of
           bay or wall tie) , and those who come from the general ageing of the coats. From a simple and fast
           repairing with filler for masonry work, ( and installation of a bottom of join if necessary) we come to works
           from another size!




                                                                      DOC MURPROTEC

           Wallpapers are soaking and retract themselves when the heaters are got back on the on position (or during
           the summer). Which has at least the advantage to reveal this problem!




                                                                                   Depending on which grounds are met
                                                                                   by the undergrounds waters, their
                                                                                   parts of mineral salts are more or less
                                                                                   important. It can make saltpeter
                                                                                   appear as here with these capillary
                                                                                   climbing.




           3 • Underground seepages


           A break in the pipes, accumulation of rain water at the surface of a wall of facade, (because of a pierced
           gutter as an example), blocked drain… The causes of underground seepages are numerous. These ones



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           appear by humid areas on the walls off the undergrounds and by apparition of saltpeter. On the walls that
           have not been doubled (and accessible) , these symptoms cannot go unnoticed for a long while. Which must
           make react quickly if the causes were properly identified.



           These apparitions can be the consequence of capillary climbing, and so, make the topic of a huge treatment
           when it could have been more simple and cheaper… Take care not to mistake : It is what a serious diagnosis
           should enable to avoid.

           Beware not to get too quickly the reflex of attacking the apparitions (as an example, the spots of saltpeter)
           and not to solve the problem.

           Note that these kind of seepage are not only for very old houses. It can appear in new buildings because of
           faulty work in the coatings in charge of protecting the buried walls or in the banking up that follows it (when
           the angular stones pierce the waterproofness). (see further the article about the faulty works)



           Seek up to the source


           In maintenance works, it is hard – so expensive- to insure the waterproofness outside. It is why we have to
           act on the source: or by repairing the origin of the water escape, or by defecting the exceeding water to an
           area (or a building) that can welcome it without damages and that will avoid it to accumulate against the
           masonry work. It is what the drain is made for.

           The problem being an accident (and often recent) , it should be easy to discover the origin without too much
           difficulties (by dry weather) and by following the spots noticed inside. If a pipe passes in some meters radius,
           it has every possibilities to be damaged, or if it is a drain to be blocked. In the two cases, it is necessary to
           use a shovel and a pickaxe.

           Check if some works in the next door neighborhood did not modify some parameters about the evacuation
           of the rain water.

           As so, when two houses are linked by a common soak away, its capacity permits it to absorb a quantity of
           water which is proportional to the area of the roofing and a margin of safety.

           But after several dozens of years, this one can be very reduced under effect of the natural clog of the
           system… So far, few things are sufficient so the soak away jut out: a simple change of the slope of the gutter
           (after the maintenance buildings of one of the two houses) or with more effects, an enlargement…

           Depending on the conception of the system of “too-much” (If it exists and works) and the nature of the soil,
           the water can escape on a good way or not, and, on the way, make damages to one of the building.

           At least, it happens that the origin of the seepages has to be checked in the nature (clayey) of the soil and in
           its topography (a slope slide up to the building). We are then more in the “structural” than in the
           “accidental”…

           But the water, whatever if it comes from the streaming or resurgence, accumulates and is a threat for the
           building. The installation or the replacement of a drain and, if the case is presented, the installation of a
           waterproof paving in slope up to the garden, should permit to solve the problem. In the contrary, and in the
           lack of the case where it is possible to act more completely from outside, it remains the possibility to make
           interventions inside the building.



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           … or making interventions from inside


           But not anyhow ! Different solutions enable to make a wall be waterproof on a good way or not by the inside
           of the building. But they don’t stop the water from seeping in the masonry work, which is not very sure.




           We have to distinguish the « light » systems from those which are heavier, from the type concrete screed on
           a coat of drainage. As an example, the micro porous (type acrylic resin in solution) have serious difficulties to
           resist the pressure of huge seepages… They also have the capacity to let the humidity pass, which explains
           the necessity of an efficient ventilation. Which can be improved if it already exist.

            What happens in insurance ?
           Let’s imagine that inside you notice the following problems (wallpaper coming off, paint blistered,
           moistures…)

           Building on co-ownership
           Whatever you are owner or tenant in a building in co-ownership, seen the article 3 of law 65 557 from July
           the 10th 1965, completed by article R*111-26 from the code of building and habitation, there is an occasion
           to declare the damage to your insurance, because you had a damage, invoking the civil responsibility, from a
           part that does not belong to you.

           Others :

           Seen the decree 2002-120

               Article 2 general appearence

               The accommodation must satisfy to the following conditions, looking the
               tenant’s physical and health safety.

           1. It provides the enclosure and the covered. The shell of the building and of its
           access is in good state of maintenance and solidity, and protects the places
           against waters of streaming of rain and the waters reaching into the place. The
           external wood works and the cover with its joins and accessories provide the
           protection against the water seepage in the house. For the accommodations
           located in departments over the seas (French Guyana, Martinique, Guadeloupe,
           and Reunion Island) , it can be taken in count, the estimation of the conditions
           about the protection against the water seepages, the climatic conditions
           specified to these departments;



           Seen the 4° of the f) of article 1 from the decree n°87-149 6 mars 1987 making the
           definition of the minimum conditions of comfort and habitability to which the premises
           rented must look like.




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           3° the floors, walls and ceillings of the premises or places above do not present any
           seepage nor waterclimbing. The openings (doors, windows) are waterproff and work
           properly.

           4° The building do not present faulty maintenance. The shell of the building (walls ,
           framework, stairs, floor, balcony) is in good state of maintenance.

           The covering, its joins, and accessories are waterproof.

           It is dued to the tenant mendings by the owner but it is useful to remind an obligation
           that the tenant has if he is the only one to enjoy the gutter, written in the decree 87-712
           and that is the disgorging of Rain drains, gutters and eaves which enable to avoid these
           kind of problems.



           Depending on the contracts, the insurer of the lessor can take in charge these damages,
           by being eventually completed by the tenant’s insurance for the wallpapers, the paints
           and other coats inside (it does not mean that the tenant’s insurance pays everything,
           depending on the CIDRE , it can ask the repayment to the insurance of the lessor. But
           this is only your insurance that may inform you.




           The structural causes




                                            Seepage or capillary climbing, it is the
                                            same fight: the walls which are water
                                            soaked are covered with mushrooms.
                                            Even more when it happens in dark
                                            places such as this photo under the
                                            stairs.




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                                                   In the case of an important renewal
                                                   of a bathroom, the employment of
                                                   mechanic ventilation is obligatory.
                                                   Of course, the rooms where water
                                                   system exist, are the most exposed
                                                   and are as far, those who are the
                                                   most damaged.




           To damages which are not predictable can be added problems which are more “structurals”: Some appear as
           an example , as the sequel of the erasing of a stability which was maintained up to there. This is the case of
           capillary climbing, not to be confused with underground seepage, coming from faulty pipes. This confusion
           not being easy to avoid, the advice of a specialist (such as DOMOSYSTEM or MURPROTEC see further) is very
           welcome. It is also the case for condensation which express few time after the installation of new wood
           work (door, windows…) . Some other problems come from the conception of the building and are often very
           old.



           1 . Capillary climbing


           Outside, these problems are noticeable by the apparition of efflorescence and/or the detachment of coats of
           plasters until a height of about 1.20 m above the ground, rarely more.

           Inside, the walls present spots of humidity, with or without saltpeter, letting you think about seepages… but
           the area concerned by these climbing are generally wider. It is possible that a bit of this humidity evacuate in
           sufficiently dry and renewed air, allowing a partial drying of these climbing.

           This comes back when the air is saturated once more. This drives to think about a problem of condensation.



           These capillary climbing find their origin in a natural phenomenon made in one hand, by the supperficial
           tension of liquids, and in the other hand by the rapprochement of the walls around :

           As a thin lass tube, dived in the water, enable to this last one to raise really above the level of outside.

           The solution comes from making a barrier in the masonry work. It is possible to evacuate the humidity by
           special drains or again, to push the water by electrical methods.




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           Know that these different solutions cannot enable to suppress the saltpeter which stays on the walls. These
           hygroscopic crystals keep on absorbing a part of the water contained in the nearest air and can make think
           about the taking back of the migrations however these last one have been definitively suppressed. Special
           measures are to be taken in that last example.

           Chemical barrier
           It deals with injecting (by gravity or under pressure) in the stratum of the wall which are to be treated a
           hydrophobic resin, fungicide and disinfectant which next solidifies on about twenty centimeter high. The
           walls are first pierced in the low parts with regular intervals, on all or on part of their length, only one
           side(outside or inside) or from the two sides (above 40-45 cm of stratum). These drillings enable to introduce
           mouthpiece with funnel, then liquids (injection by gravity) or sticks for injection linked to a special pump
           (injection under pressure). Note that the two methods can be , associated, the injection by gravity is most
           suitable for masonry work which are thin and porous.



           Very contaminated by the capillary climbing, the full masonry work (as an example the cut stones) will be
           certainly treated without problems. The hollow masonry work (as an example hollow bricks) will be
           different. In addition to the necessity of injecting in the joins fulfilled by mortar , it will be necessary to use
           complementary technics… without which, the bricks or the cinder-blocks will absorb dozens of liters of
           treatment in pure loss.

           The mechanical cut


           It is obligatory in the new buildings by the norm - NF P 18-r (DTU 23.1) and NF P 10-202-1 (DTU 20.1) (you
           will be able to read them at AFNOR http://www.boutique.afnor.org/BGR1AccueilGroupe.aspx look at the
           bottom of the webpage for an English version) this system is formed with a coat of water repellent mortar of
           2 cm or an asphalt band installed on the whole stratum of the walls of facade at least 15 cm above the
           ground outside or at the level of the ground of the ground floor .

           Easy to set up during the construction , this technique is only suitable for the existing masonry work with
           regular joins (cinder block or bricks) : to saw horizontally on their length , from a side and the other one. This
           enables to install a coat of asphalt, of polyethylene or stainless steel or a coat of water repellent mortar or
           epoxy... But sawn the risks of settling it presented, this technique is no longer used in renovation.




           Demonstration of the famous point of dew reached here by a simple glazing, so colder than the air inside. If
           this phenomenon comes regularly, we can be sure to see the apparition of mushrooms and moistures at the
           lower part of the walls.




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           In order to make a reliable diagnosis, the professional needs to measure, on a period of time representative
           enough, the rate of humidity and also the surrounding temperature. The transmitter TESTO6621 enables this
           kind of analysis to discover the suitable treatment.




           Everywhere an air excessively humid stagnates, the apparition of moistures is to be feared ... Cupboards and
           wardrobe are the best targets ever, especially when their walls are constituted by the masonry work.



           The atmospheric siphon


           Also called « micro porous drains », the walls dryers exist since nearly a century. They now take the form of
           tubes from a diameter 50 x 150 up to 400 mm, and are made from granule of PVC constricted. Chosen from a
           length a few shorter than the stratum of the wall (20 cm for 30 cm) , these tubes take place by the outside, in
           holes from the same diameter pierced horizontally every 40 to 50 cm up to ¾ of the stratum of the wall (25
           cm for 30 cm). Sealed with a low mortar made from lime(10 mm deep maximum), the tube receives a strap
           in PVC and a small grille of ventilation.



           The strap is very important as it is in charge of a permanent flow of air inside the tubes and so, to make
           easier the evacuation of the humidity outside. The efficiency of this disposal enables it to be installed with




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           success only on the areas that have to get dry (and not on the whole length of the wall). But not being safe
           from a progressive clog, under the effect of mineral salt, it has to be periodically maintained.



           Electro-osmosis and electrophorsis


           Between the grounds and masonry work having electrical potentials opposed, the underground waters pass
           spontaneously from one (poisitive) to the other one (negative). The effect is stronger if they contain salt
           (nitrate, sulphate…) which have also the natural faculty to move from the + to the -.

           To push away the seepages is possible by reversing the polarities of the masonry work and the ground. It is
           what the electro osmosis enables thanks to copper electrodes sticked in the wall and others, in iron, sticked
           in the ground.

           In addition it happens a special mortar is introduced in the shafts of electrodes for being diffused
           progressively in the masonry (electrophoresis)…

           Two techniques fairly less employed than the injections or the waterproofness by the outside and more
           suitable for single-storey buildings because they are very hard to set up in an underground to protect
           entirely (walls and floor).

           The capillary climbings and the insurances


           Two cases are possible :

               1) In the buildings in co-ownership :

           Seen the article 3 of the law 65 557 form july hte 10th 1965, completed by the article R*111-26 of the code of
           habitation and construction, there is the elements to make a « constat amiable » (water damage report
           drawn up by the parties involved) (I.E. you are the victim of damages made by elements that don’t belong to
           you and making enforcement of the “responsabilité civile”,”civil responsibility”) , seen the article R*124-1 of
           the insurance code, it is impossible the damage is not taken in charge or by your insurance or by other one…

           But for other kind of lodgements, the article 2 of the decree 2002-120 specifies:

           The premise must satisfy to the following conditions, looking the tenant’s
           physical and health safety.

           1. It provides the enclosure and the covered. The shell of the building and of its
           access is in good state of maintenance and solidity, and protects the places
           against waters of streaming of rain and the waters reaching into the place. The
           external wood works and the cover with its joins and accessories provide the
           protection against the water seepage in the house. For the premises located in
           departments over the seas (French Guyana, Martinique, Guadeloupe, and
           Reunion Island) , it can be taken in count, the estimation of the conditions
           about the protection against the water seepages, the climatic conditions
           specified to these departments;

           Seen article 1719 of the civil code, and the lack of these elements in the decree 87-712 from august the 26th
           1987, the owner cannot escape from these repairing.



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           2. Condensations


           Wallpaper come off , odour of moisture more or less persistent (in the laudry or cloth) dark spots in the
           angle of the walls or behinf the furnitures… so many evidences that air is not renewed enough . As a result:
           The humidity it contains condenses on the coldest walls (that reached the point of dew) and the mushrooms
           are growing. They are responsible of this « perfume » so much characteristic of the premises with bad
           ventilation and much more log-lasting that the air renewal is basically insufficient. An excessive
           condensation can also be absorbed by the walls, causing other disorders.



           This problem is rare in the old building with their wood windows and openings from the construction. But it
           is usual in the buildings where modern windows and openings ( I.E airtight) were installed and where the
           ventilation was not looked after. In other terms with out the possibility that the renewal , which were made
           naturally up to there, is insured by an automatic system (type VMC (Controlled mechanical ventilation) or
           VMI (insufflations mechanical ventilation ) or half-automatic (type VMP)

           Ventilation and insulation


           A classic (Controlled mechanical ventilation) VMC classique present the fact to set up air openings in the
           living rooms and bedrooms : in the casings for the rolling shutters or failing that, in the windows (in wood or
           pvc)

           The WC , kitchens and showers or bathroom (the water rooms) are to be provided with air vent directly
           linked to the box of a VMC (Controlled mechanical ventilation), enabling the polluted air to be evacuated
           outside. Note that with a VMC double flux (v.FF 41), it is possible to get back the calories in the air and so, to
           save energy.

           In addition, we have to reduce as much as possible the difference of temperature in the rooms and the
           temperature of the walls.

           To make this possible, we have to insulate the walls. Between the different solutions possible, the most
           simple is to install an insulating complex (plaster slabs+ glass wool, expanded or extruded polystyrene).

           The condensation and insurance :


           No insurance could indemnify these kinds of disorders as they were predictable.

           If it does not come from the tenant’s fault, ( Because some block the entry of air so they would not get cold
           during the winter, and there, if no repairing is made by the tenants, (paint and unblocking the entries of air )
           their security deposit will be able to be kept because they fail in their duty made by the decree 87 712 , and
           which also could make them be expelled by all rights).

           The article 2 of the decree 2002-120 completed by the obligation of the lessor to provide a decent premises
           (article 1719 of the civil code) specifies :

           « Thepremise must satisfy to the following conditions, looking the tenant’s
           physical and health safety.



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           5. The systems of opening and ventilation of accommodations allow an air
           renewal adapted to the needs of a normal occupation of the accommodation
           and to the working of the equipments.

           It appears clearly the lessor cannot escape from repairing these kind of disorders.



           Vocabulary


           French : « Drain » /English « Drain »: special pipe in PVC 0 100 pierced above, in charge to collect the waters
           of streaming of rain and to evacuate them away from the building. They are buried around the building or
           along one of the façade (the upstream side as an example if the building is at the bottom of a slope)., under a
           coat of pebbles or gravels.



           • French: Efflorescence(s) /English efflorescence: soluble salts in water brought by humidity and appearing
           under crystallized forms on the surface of masonry when water evacuates. In humid insides it is saltpeter .
           Outside it is more carbonatation (coats of plaster) or sulphatation (bricks).



           • French: Fond de joint/English: ??? : sausage in moss (0.8 or 10 mm) to compress in the fond of a crack
           (wider than 0.6 to 8 mm) in order to limit the quatity of necessary mastic.



           • French : Produit Hydrofuge/ English : water repellent product : Incolor product in aqueous phase(applyable
           on humid surfaces) or solvanted (exclusively on dry supports). It enables the water steam inside the premise
           evacuate while protecting the masonry work from the freeze and the dirtying for some years.



           •French : « Humidité absolue »/English : « Absolute humidity » : Weight of water steam in g/m3 of air.



           •French : Humidité relative (HR)/English : Relative humidity : deals with the proportion of water into the
           air, from 0 (totally dry air) to 100% (saturated air) . The more the temperature is low the more the saturation
           of air in humidity happens earlier.



           • French :Hygrométrie/English: ???: It is not about the rate of humidity of the air but the way of mesuring
           this rate…it only concerns the relative humidity (HR).




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           •French : Point de rosée/English point of dew: apparition of mist on cold surfaces. This phenomenon is
           observed when the temperature inside is very hotter than the one of any other surface; as far , the face of
           the walls in contact with the outside (and glazings) located on the sides of the premise.



           •French : Nappes (et feuilles) à effet drainant/English : slicks and sheet with draining effect: made in
           polyethylene with high density (PEHD), they are impermeable and contains on all their surfaces excrescences
           resisting to the compression of the banking up. Their relief associated or no to a polypropylene geo textile
           and a sheet with sliding effect (in PEHD), has the faculty to deviate the water up to a drain set up at the feet
           of the construction. Their excellent performance enable them to satisfy the extreme wills (underground
           parkings, art construction…)



           • French : Revêtement d'imperméabilisation (extérieur) / English : covering of sealing : fiber glass and
           syntetic resin-based product, it is thicker than a water repellent product. It is on the same time more lasting
           and able to fill in cracks up to around 0.5mm. But it is suitable only for walls that would “beath” fewly (coats
           of plaster cement) and especially no on the cut stones (appearing or coated).



           • French: Salpêtre/English Saltpeter: white crystals (nitrate of potassium) coming from mineral salts that we
           can find in the undergrounds water, and coming from the capillary climbings. These crystals appear when
           water evaporates. The saltpeter appears uneder spots of humidity because it is hygroscopic , it absorbs the
           water in the air around.



           • French : VMC : ventilation mécanique contrôlée/english : Mechanical cotrolled ventilation. It cans be
           simple flux or double flux, hygroréglableElle peut être à simple ou double flux, hygroréglable, etc. (voir Faire
           Faire n·41)



           • French VMI : ventilation mécanique par insufflation/ English Mechanical ventilation by insufflation.



           • French : VMP : ventilation mécanique ponctuelle (asservie à un hygrostat par exemple)/English : Ponctual
           Mechanical ventilation .



           The tools of diagnosis


           In addition to a visual indentification of the symptoms, the professionals use different tools to evaluate how
           important is the problem, confirm the diagnosis or control the efficiency of a treatment. Between them, the
           most frequent are the moisture meter, the thermo-hydrometer, carbide bomb and in some cases the glass
           pipe.

           The carbide bomb




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           On the contrary to a moisture meter, this tool is used to evaluate the rate of water present in the masonry
           work. Used after treatment, it enables a measurement not distorted by the mineral salts (nitrates and
           chloride). In order to do this, we have to take a sample of the masonry in the heart of the wall to weight
           very precisely before introducing it inside an hermetic container (the "Speedy"). The sample is in contact
           with a reagent (carbide of calcium) contained in a phial broken by marbles in steel, which starts the
           production of acetylene. Its pressur appears on a dial : on or under the tool and enable a direct reading of
           the rate of humidity of the sample and so, the effect of the treatment inside the wall.




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           The glass pipe




           It does not enable to measure a rate of humidity in the materials, but their degree of absorption, before or
           after a surface hydrofugation. The glass pipe enables to repair the different lacks of waterproofness of a wall
           in front of a strong rain.

           It deals with a simple bended pipe and graduated in ml. Its low extremity, (opening 98mm) (± 1 mm) lower
           than the level 0 of the graduations, is made for being glued to the filler against the wall. One it is fulfilled
           with water, the pipe will enable this liquid to escape into the wall. It remain to measure the quantity
           escaped after 5,10 or 15 minutes to know the porosity of the wall (or its covering).Knowing that the
           minimum quantity of water (98mm) deals with the pressure made by a wind of 142.5km/h.



           The moisture meter and the thermo-hydrometer


           The moisture meter enables “resistive”(Did not find any equivalence in English) measures (I.E we try to know
           how conductive of electricity can be the wall, and if it is, it means it is wet) or “capacitive” (Did not find any
           equivalence in English) measures (I.E we send radio-frequency in the wall and if it is dry no frequency comes
           back). These measures enable to repair the problems without delays but are parasited by mineral salts that
           are conductive. « Not destructives », these measures enable not to take a sample of the material to analyze
           (on the contrary to the carbide bomb). The thermo-hygrometer, enables to measure the relative humidity
           ,the temperature of the air and the temperature of the walls ; it is necessary for diagnosis of condensations.




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           Lightly sticked into the wall, two little electrodes of a « résistive » measures tool are traveled all over by an
           electric power from light intensity. It enables to know the “résistivité” of the material and so its humidity.
           This tool can work on and throught tiles.




           A humidity detector from « capacitif » kind estimates the presence of humidity not on the material but in the
           stratum of the material (by radio-frequency) fewly like a radar: by the gaps between the signals sent and
           those received. But this kind of tool has to be used on surfaces of walls.



           Particular cases


           The waterproofness of the groundwork by outside


           To make an intervention upstream, in the new constructions, obliges to protect the masonry work by a
           mechanical cut and with different coverings set up outside before the baking up: mortar of sealing in thin
           coats or thicker, coats and membrane of, draining sheets... Very resistive to tractions and shocks (when
           banking up) , draining sheets are suitable for extreme demands as well as in renovation, for cracked
           masonries. In the existing construction, the installation of an outside protection obliges to clear the buried
           walls to make them be accessible on their whole height : thanks to a trench around one meter wide. A work
           very different from the classic excavation work and that, even executed with small tools, cannot be without
           consequences on the area around the building. Certainly, one of the main reasons, with its cost, explaining
           the rare occasions to see such things in the existing constructions. These big works are made when it is an
           absolute necessity: When a drain is not sufficient as an example.




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                               1 . Évacuation vers égout ou collecteur /escape for sewer or collector

                                                  2. béton maigre/ Light concrete

                                                  3. Lit de cailloux/coat of pebbles

                                            4. Gravier de pose/ gravel for installations

                                            5. Mur de soutènement/ retaining structure

                               6. Nappe de croissance Delta Drain/ Sheet of croissance DELTA RAIN

                     7. Non-tissé filtrant, collé par points/not weaved filtering coat, glued points after points

                                              8. Profilé Delta-MS / shapped delta-MS

                                                  9 et 10 Eau pluviale/ Rain water

                                                      11. Remblai/banking up

                                     12. Eau provenant de la nappe phréatique/ground water

                                                13. Gravier filtrant/ filtering gravel

                                                        14. Terrain/territory



           Against the saltpeter

           The saltpeter is eliminated with special products which, let’s remind it, have no effect on the causes of its
           apparition. Only the appearances will be suppressed, and it will be more efficient if the origins have been
           treated properly (and if the masonry work is dry) . The products enabling to suppress the saltpeter are
           mostly in aqueous phase , ready to serve (pure) and compatible with traditional materials (bricks, plaster,
           stone, cement, concrete, coats…). Their aim is to stabilize the surface before the laying of a finishing
           (wallpaper , paint, coatings). But it is necessary to suppress every parts very damaged (by brushing or sewing
           up) before to lay the two coats which are usually necessary.




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           It is possible to choose a special « anti-humidity » paint… layable on fewly damaged surfaces (wet but not
           streaming), It makes the spots and halo disappear by reaction with water inside the masonry work. Not to
           confuse with the thicker products based with epoxy resin( made for getting an insulation by inside . Epoxy
           resin based products are to be avoided because they don’t solve the seepages and what they make the best,
           is to move the problem elsewhere , on not damaged areas.




           Horizontal waterproofness or the screed on a draining coat




           Faute de pouvoir empêcher totalement les infiltrations, il est possible de les canaliser par le biais d'un
           ouvrage désolidarisé: la "chape sur couche de drainage". De type horizontal, l'étanchéité obtenue repose sur
           un système de drainage: une nappe à excroissances  disposée entre le radier , en légère pente, et sa
           chape . L'eau pénétrant par les joints de construction est ainsi drainée en périphérie et orientée vers un
           puisard aménagé dans l'un des angles, puis refoulée à l'extérieur. Afin d'obtenir un véritable cuvelage
           étanche, cet ouvrage peut être complété d'un enduit spécial appliqué sur la face interne des murs  avec
           réalisation d'une gorge en partie basse. Cette solution, appliquée à la grosse rénovation, convient aussi au
           neuf face à des risques élevés de remontées à travers la dalle. Mais un suivi de l'ouvrage d'étanchéité est
           ensuite indispensable.



           Minimum works to optimum solution


           Light renovation
           Fast interventions when the first symptoms appear is the best solution ever. Some surface treatment can
           solve for good little disorders. Some others , a few heavier, but also efficient, require several months to
           repair the problem.




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           The chemical barrier is installed on a masonry work dry enough (not to stop the good installation of the
           product) , on all its stratum and the lower possible. (IE at the level of the slab or on the first line of join) It
           enables to let the minimum of masonry work without protection. Its efficiency is observed after 6 or 18
           months depending on the stratum of the wall and the homogeneity of the masonry work, the air
           permeability of the inside facings and the conditions of heating and ventilation … MURPROTEC (BRAND OF
           FRENCH PROFESSIONAL OF HUMIDITY)




           After the seepages responsible of the saltpeter are solved, only a special paint is able to erase the spots and
           halos, by reaction with the humidity in the wall. Not to be confused with a covering of waterproofness by
           inside epoxy resin based. Dip peinture anti-humidité (French brand of paints)



           In this topic, no half solutions. The big means must be taken for a perennial building (in the new
           construction) or for raising an existing building from the bad state. In order to reach a satisfying result in this
           mission that can be very long, the advice of professionals is necessary.




           Set up after implementation of an asphalt covering, some sheet with excressences are combined with a geo
           textile felt . It let the water escape while it stop the earth to block the space drawn by the excressences.
           SIPLAST FONDA GTX ( http://www.siplast.fr : industrial of waterproof products)




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           The damages supported by the building following a problem of humidity can make necessary works that
           really pass over the areas at issue. First they can happen in the topic of a refacing, under condition the initial
           problem has been solved…DOMOSYSTEM (http://www.domosystem.fr/ : French professional of humidity).




           Expert advice




                                                          Fabienne BABINET

                                                Managing director for DOMOSYSTEM

                       (Specialised company for diagnosis and treatment of problems in relation with humidity)

           DOMOSYSTEM Commercial name : HUMITEST DOMOSEC

           Head quarter Adresse                                      5, rue Le Brun 75013 Paris – France

                                                                     T : +33(0) 1 45 87 00 59

           SIRET                                                     38888524600016

           Immatriculation to RCS                                    RCS Paris B 388 885 246

           Form                                                      SAS

           President                                                 M. LE DOUJET Jean-Pierre

           Web site                                                  http://www.domosystem.fr/




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           Faire Faire: What is , for you, the most frequent origin of problems in relation with humidity ?



           Fabienne Babinet : It is condensation . With causes from several orders, widely linked with the type of life :
           bath, shower, laundry drying, cooking of the food … Such activities create an excessive water steam that has to
           be quickly eliminated with a good ventilation. As well as it is necessary to open the window of a bedroom at
           least ten minutes a day, or the windows of a living room after a party.



           Faire Faire: Nothing else than simple actions and measures from good mind finally ?



           Fabienne Babinet : Yes partly, but a good number of person have tendencies to forget by negligence or by
           worries about economy of energy… It makes them reduce the temperature of their premise or to stop their
           heating during the day. As a result, there is a lot of difference of temperatures and apparition of the point of
           dew, amplified by some type of heating (notably the convection ones) which make the hot air accumulate to
           the ceiling. To “human causes” can also be added some negligences about the maintenance of the plumbing
           and other nets or elements of waterproofness of the building( joins and bathroom filler , gutters, etc.) . Most
           often, the problem is minded very late after the beginning but a water escape, as an example, can begin by a
           simple seepage…Which will be more invisible in a house compared to a flat.



           Faire Faire: So the resort to a specialist of humidity is not systematic ?

           Fabienne Babinet: Not at all. It happens very often we have to advice to call a plumber before .

           Faire Faire: In your opinion, has the purchase of a moisture meter (from around 250€) an interest for a
           private individual?

           Fabienne Babinet : Yes for those who whish to realise by themselves measures with regular timespace. So
           they can follow the drying of a wall after water damage before painting as an example; or every season to
           identify a problem of condensation, by variable nature depending on the temperature and the relative
           humidity. In an underground, this lack of renewal of the air volume will be solved by the installation of
           mechanical ventilation by insufflations.



           Faire Faire: Between the solutions frequently used to solve humidity problems, are there wrong good ideas,
           traps to avoid ?



           Fabienne Babinet : Cartainly. To heat more, to use humidity absorbers… Or worse, waterproff coats that trap
           the humidity inside the wall.



           Faire Faire: Products that private individuals use to employ by themselves ?




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           Fabienne Babinet : Not only. It happens that painters and masons, very good in their work, use these
           products… here is the dilemma with the customer, and the man of art, sincerely convinced he made what
           had to be done. Which makes ask the question between the diagnosis and a view that is just limited to the
           damage.

           Faire Faire: We have better to invest in the diagnosis more than in the treatment ?

           (NDLR : DOMOSYSTEM invoices 750 € without taxes and the fees of moving out the Parisian region)



           Fabienne Babinet : We can see the diagnosis as an investment but of course, after you checked every points
           previously mentioned. It is doubtless , the best way to solve problems and save money.



           THE CONCLUSION FROM FAIRE FAIRE
           There are not one problem of humidity but several problems of humidity. Even in the new building, with
           problems dued to the drying of the slabs, coats, plasters before the installation of a covering. Which must
           lead to suppress in priority the most simple causes before taking, if necessary, more expensive works. Which
           are to be made by a professional able to think the situation in its global nature (and not the aspect to which
           he is most used.) How to choose him?

           From reference of buildings sites he worked in, from its age in the profession (when it pass some years), from
           the existence of a “cahier des clauses techniques” (technical clauses notebook) and a plan for quality. The
           nature and the duration of the guaranty (10 to 30 years) is also a good sign. But don’t forget that in renewal,
           nothing is acquired for ever: a pipe that has been repaired in a place can break elsewhere( or another one
           can break) , capillary climbing can touch another wall and other problems more or less previewed can
           appear… It is the case with whichever building, old or not, and it justify that once a year there is a detailed
           inspection from the underground to the roof.



           The helps for lessor owners
           Source : magazine copropriété et travaux n°8 hiver 2008-2009 Page 21 Un magazine rédigé par la
           SEPEP.




           Dépôt légal                                             Décembre 2008
           Siret :                                                 38751481300030


           Numéro de commission paritaire                          0409 T 88880


           Sarl au capital de                                      7624€


           Adress :                                                26-28 rue de la providence- 75013 Paris


           Publishing director                                     Mr Yves de Kerautem




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           23 septembre 2011                [France : water damages]


           Writting director                                      Mr Alain Morvan




           Not retriavable on the tenant but easy assimilated fiscally to reparings, the works for solving the problem of
           humidity of the building are for the lessors tax deductible in the property tax “revenu foncier” because they
           are « dépenses de réparation et d’entretien » (fees of repairing and maintenance). Thes technical studies are
           too but they have the title of « frais d’administration et de gestion » (fees of administration and
           management).




               1.The water damage
               Alexandre-Olynthe CECCHINI adjoint au chef d’entreprise de la société O.CECCHINI entreprise agréée
               MAIF qui peut aussi bien intervenir pour des assurances pour lesquelles elle n’est pas agréée.

               Activity                                                Entreprise de peinture

               Head quarter                                            38 rue du Sahel- 75012 Paris

               SIRET                                                   64202737900030

               Legal form                                              SARL

               Capital                                                 32.000,00 EURO

               Nationality                                             France

               Manager                                                 Mr Roland CECCHINI



               What ever happens never accept to be indemnified without an expert came and drawn a report after
               having seen the places or after a bulding company came and made a quote that you will send to your
               insurer.




           First measures to take



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           23 septembre 2011                 [France : water damages]

           First, try to identify the origin from the damage. It can come from your flat or in a neighbor’s one or in the
           common parts. When you know where the damage comes from: shut the tap that provides the water , if
           necessary by calling the superintendant or a plumber with the QUALIBAT certification. If the escape is
           important and if no one can enter inside this flat, call the fireman (call the 18 or the 112 on your phone
           keyboard) , they are the only ones that can enter in the flat with force if it is necessary. They will come more
           easily if you say that the water flows on electrical elements.



           Whatever you are lessor or tenant, you have received the rule of co-ownership (règlement de copropriété).
           This one is the document above all that defines which are the common parts and private parts. But in France
           people use to write it quickly because they would not have time… It makes it be a few hazy. So we use in
                                                                th
           addition the article 3 of law 65 557 from july the 10 1965 completed with the definition of the shell of the
           building which is article R*111-26 from the code of building and habitation.

           If the escape comes from your flat
           If the escape comes from your flat, call a plumber that is furnished by your insurance (depending on the
           contracts), or the one of your owner. ( Some contracts preview to indemnify the seeking and the repairing of
           the escape , but these two operations very different are not always taken in charge by the insurance).

           If it is not possible, a plumber coming from the property manager.

           If it is still not possible, a plumber that you chose on QUALIBAT (WWW.QUALIBAT.COM).



           If you are a tenant, if the origin of the escape is not mentioned in the attachment from the decree 87 712
           from august the 26th 1987, your lessor will pay the invoice. For the empty premises we remind the article 6
           from the law 89 462 from July the 6th 1989 :

           The lessor is obliged :

           c) To maintain the premise in state to serve for the usage mentionned in the contract and to
           make any repairing, other than rental repairings, necessary to the maintainance in state and the
           normal maintenance of the premises rented ;

           For the other premises we will quote the article 1720 from the civil code :

           “A lessor is bound to deliver the thing in good repair of whatever character. He must, during the term of the
           lease, make all the repairs which may become necessary, other than those incumbent upon lessees.”




           If the escape comes from a neighbor’s premise:
           If the escape comes from a neighbor’s premise, he has to do the same than in the previous paragraph. (see
           the parts about the disputes). Of course you will have warned him about his problem eyes to eyes or by
           simple letter in the two months after your visual noticing of the water damage. Four months after your
           visual noticing if nothing moved write a registered letter with acknowledgement of receipt. And six months
           after your visual noticing of the water damage, if nothing moved, see our part about the disputes between
           neighbors

           If the escape comes from a common part:




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           The property manager will mind the problem. But of course you will have warned him in the same way than
           if the escape comes from a neighbor.

           Anyone responsible of water damage is obliged to repair the escape because of article 1382 of the civil code
           and make is neighbors know an escape came from his part. A law suit can be brought against the violators.
           (see our part about the disputes)



           If you don’t know where the escapes comes from warn the property manager and your neighbors. The
           magazine “copropriété & travaux” n°1 from april 2007 reminds that 90% of the water escapes on the
           network of the drinkable water are invisible .

           90% of the water escapes on the drinkable water network are invisible to the naked eye : the
           escapes seeking.

           Source : Magazine « copropriété et travaux » numéro 1 avril 2007.


           la SOCIETE EUROPEENNE DE PRESSE ET D'EDITIONS PROFESIONNELLES (SEPEP) (European company of press
           and professionnal editions)

           Activity and code NAF                                  Edition of reviews and magazines -5814Z

           Adress                                                 26/28 Rue de la Providence - 75013 PARIS 13

           siret                                                  38751481300030

           Legal Form                                             Société à responsabilité limitée

           Registered Capital                                     7.622,00 EURO

           Nationality                                            French

           Manager                                                Mr. ASSELIN Philippe

           Copyrights                                             From what were written the January the 27th 2009 in the
                                                                  copyrights of the website of the SEREP
                                                                  (http://reponsesmaison.com/mentions.htm) One is able to
                                                                  copy these informations but :

                                                                  « SEPEP concedes the right to consult , copy, and
                                                                  reproduce and distribute copies of documents contained
                                                                  in the website under the following conditions

                                                                  - The documents are used to inform onl.
                                                                  - The documents are not used for commercial reasons
                                                                  - The copyrights of the SEPEP are readable on every
                                                                  copy of these documents

                                                                  The magazine was on the website and so could be copied
                                                                  on January the 27th 2009. »




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           It is estimated that 15 to 25 % of the invoiced water in a building are
           owed to water escapes from taps, WC , common parts...

           It is important to hunt down the slightest water escape and process, as for
           the energy of heating, to a real waste hunting.

           Depending on the French towns, the price of the water increased in average
           of 56% those last ten years. But the increase of the water price can also
           be created by the escapes which have to be detected and which are generally
           the first responsible of a brutal increase.

           Manual of a hunting not that easy


           1st step: The analysis of your consummation




           First, we have to process to an analysis of the consumptions. To know if
           the consumption is normal or not, you have to see the invoices of the water
           services or the charge statements of the building. Then, make the yearly
           addition of the m² consumed on the 3 or 4 last years, by counter, basing
           yourself on the “index reels” (the “I” on the invoice).

           If your consumption notes an increase particularly sensible, this can
           reveal the existence of a water escape. If the flats own counters of water
           « divisionnaires » (divisional : IE each flat has its own counter),we can
           ask to each occupier to note every numbers of its counter and the hour when
           they read it… This operation is best when done in the end of the evening as
           it deals with closing every taps and close the tapes providing water in the
           flat (including the flush). If the numbers have changed during the night,
           it is clear a water escape is somewhere in the building.

           If the flats have not their own counters yet, the noticing of the general
           water counter will be done during the night letting 3 to 5 hours between
           the two noticing. If there are differences, those ones can be owed to
           flushs used during the night: It is necessary to start again the operation
           several times in the week.



           The solutions of supervision of the escapes

           The solutions enabling to watch the consumption and look after the general
           counter are three :

           - The installation of a recorder : It is possible to process to a
           preventive supervision by installing temporally on the general counter , a
           counter enabling to establish a report on the consumption of the building.
           This system enables to follow the hourly flow , providing an analysis of
           the flows during the night and, there, the evidence of a water escape in
           case of detection of regular consumption.

           - The notice from distance of the general counter: This system enables to
           detect every drift of consumption, which will be immediately told to the
           property manager thanks to a plugging on the telephone lines. Never the
           less, a system of noticing from a distance or a system of telemanaging,




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           inside the building can be imagined profitable for buildings from 80
           premises.

           - The installation of an alarm: An alarm rings when a level of consumption
           is reached. This technic can be set up on the general counter of hot
           waters, on the counters of providing in water of the heating system, bu
           also to the divisionals counters, notably thanks to the radio-noticing.


           Water escape seeking

           90% of the escapes on the network of drinkable water are invisible. In
           addition to the coloring agents used for the test of waterproofness of the
           pipes of evacuation of the used waters and rain water, the technic comes
           more and more to the rescue in the water escapes seekings, many solutions
           exist.

           Solution 1 the camera: The detection by camera of internal inspection


           Specially adapted to check the pipes of thin diameters blocked or damaged
           and practical for passing behind a partition or floor in order to detect
           anomalies on the pipes, the miniature video camera enables the exploration
           of the inside of the pipes or cavities in a wall of façade, and to detect
           the anomalies. The camera can also detect the problems of capillary
           climbing on buried pipes victims of faulty draining.


           Advantage: The localization of every faults in sunken pipes(waterworks,
           used waters, rain water) is very exact.

           From its side, an infrared camera detects the localization of humid mass.

           The thermal imaging in infrared enables to detect anomalies which are often
           invisible to the naked-eye. It relies on different sources of heat produced
           by the materials.
           Advantage : Specific for the detection of escapes of heating floors and
           sunken pipes in screeds and the remarking out of networks.

           Solution 2:

           The acoustic detection

           The recorders of noise electroacoustic records every noise of the pipes
           between which it is possible to identify those with water escapes. The
           seeking of escape is assisted by microprocessor and built on the stable and
           constant noise which shows the presence of a water escape. With the «
           corrélation acoustique » (acoustic correlation), we detect where exactly is
           an escape by correlation of two audiences realized from one side and the
           other one of the escape. The noise received by two sensors is grown louder
           and forwarded by two transmitters to the correlator, which calculates the
           place of the escape.

           Advantage : compared to other traditionnal ways , te advantage is in the
           determination of the exact position of the escape by calculation. The noise
           created by the escape is propagated on all the pipe, with a speed depending
           on the nature of the pipe, from a part and the other one of the pipe. With
           the difference of time which is spent by the spectral signal from the
           escape to the sensor compared to the other one, the difference of
           propagation is calculated. And with this value is defined the position of
           the escape.




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           Solution 3 : helium injection

           This recent system deals with injecting a very small quantity of helium in
           the pipes. The gas is mixed with water and to every point of escape, the
           water escapes with helium. It remains to follow the pipes on the surface
           with an helium detector.

           The gas has the property of escaping in the vertical of the escapeand to be
           detected on the surface with a “reniflard” (sniffer).

           Every time the gas is located, it means an escapes is under it. There is no
           danger as the helium is a inert gas.

           Advantage: This system does not need we switch the water off, it askes less
           technic means and is very efficient compared to other means of detection.
           This solution is adapted for every outside pipes in cast iron, PVC, steel,
           and copper not sheeted.




           Which contract to choose ?

           In order to solve the problem of water in a building, we can call a
           specialised firm. Many contracts are available.

           - le contrat simple also called « entretien de la robinetterie » is
           established on the basis, or a fix global amount, or a all inclusive number
           of meters square multiplicated by the price of the water.

           Advantage : The detection and the treatment of the escape are more easy in
           the buildings having a contract of maintenance of the taps(entretien de
           robinetterie). The countage is in supplement, on the same level than every
           other solutions we told. The payment beeing all inclusive, we know the
           exact amount of the service.

           Disadvantage : The eventual risk of lack of motivation (so difficulty) from
           the firm, which is not concerned by the economies realized.

           -le contrat avec intéressement, where the service provider is paid or
           totally or partially with the economies realized. The payment of the
           service provider is established following two options :

           - Or the service provider touches an all inclusive amount, to which is
           added , in the expiration of time , a premium calculated on the economy
           realized compared to a limit defined in advance.

           - Or the service provider, which pays to the provider of water the real
           consumption of the building, invoices to the co-ownership an all inclusive
           consumption expressed in meter square. A limit of share in the profit ,
           also expressed in meter square and lower to the all inclusive is defined as
           a target of consumption: at the end of the year, a part of the difference
           between the real consumption and the this limit is paid to the co-
           ownership.

           Advantage : the contract of maintenance of the first option with share in
           profit is clear, as the co-ownership pays the invoices and the firm is
           paid, partially depending on the economies. It deals with a contract of
           results and not only of means.




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           Disadvantages: We have to calculate exactly the targets (which must be
           reviewable) and negociate depending on those : if the limit is overvalued,
           the economies will be easy and the firm won’t do everything in order to
           limit on the maximum the consumption.



           The size of the disaster :

           The main causes of overconsumption are the water escapes

           A flush escaping : 200 to 300 liters a day.

           An escape on a pipe : 1700 liters for one hour

           A family of four persons ignoring the problems of escapes can see its
           invoice doubling


           Beware, fees having to be previewed :

           We notice that the buildings of more than 50 premises rarely own maps of
           the water networks which are conformed with the reality, even if it is an
           obligation to have them. Making them can be expensive, 50€ all taxes
           included by premise in order to draw them.

           Limit the pressure in order to prevent the risks of escape:

           If the pressure of the network of providing is high (from 3 bars), the
           taps, water-heater and domestic electrical appliance are put to a severe
           condition. It is possible to install a reducer of pressure at the start of
           the installation of water in order to avoid an overconsumption, escapes on
           the flush, to the joins, to the hot water tank…

           The overpressure are often met in buildings of great height, overpressure
           compared to the public network, or in the area with a strong change in
           altitude. In order to know it, get a classic tap switch it on and time the
           time you fill a bottle which you know the volume. If the tape flows over
           16 liters per minutes, you can be insured the pressure is over 3 bars.

           File realized by       Michèle Fourret and www.universimmo.com




           What to do then?


           * If your ankle are dived in the water, call a special firm on www.qualibat.com ; the key word is
           « assainissement » (cleaning up)) or the firemen . They own the special technology for emptying the
           damaged rooms and make them dry. It is free or you will have to pay depending on the departments.



            * Make the premise dry with the damaged estates. If it deals with clothes, make them wash to the
           pressing and keep every invoice.



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           * Don’t waste away any object before the expert in insurance saw them.

           * For what concern the paints, wallpapers, fiberglass cloth, after the expert saw it, remove every pulverulent
           parts until the support is nude (IE until you meet plaster, concrete, cement, wood…) and ventilate the room
           (let the door open when you leave the premise, let the windows opened the most often possible when you
           are in the premise even in winter, heat normally, no need to make your flat be a sauna). It will accelerate the
           drying and will limit the development of moistures.

             * If moistures appear, don’t hesitate to pass a wringed sponge with bleach on them.


           The particular case of balcony, loggia and terrace:
           Sources : magazines copropriété et travaux automne 2009 page 12

           Definition :
           A balconny, even very worked, is not, by construction, a waterprooff work.

           A balcony, is a platform jutsing out the façade, limited on the outside by vertical works making the
           balustrade. The floor of a balcony can receive a waterproof coat or not. A balcony can be broken away from
           the shell of the building. In this case, it is set up on two console beams jutsing out in continuity with the
           beams of the building.

           A loggia is a platform set back from the façade, closed on the sides by two velums and limited on the outside
           by vertical works forming a balustrade. A loggia can receive a waterproof coating or not. The floor of a loggia
           can also receive a floor coating (tile).

           Only the TERRACE which covers a habited area is built to be waterproof.

           A terrace, when it is accessible, is a bare platform with between 0% and 5% of slope. It is distinguished from
           the balcony by the fact that is is installed on a body of the building or that it is maintained by a structure
           (post , beam…) linked or not to the building and limited on the outside by a vertical work forming a
           balustrade. The terrace, in this case called terrace-roof, can receive a waterproof coat and eventually a
           thermal insulation is added.

           The law, the theory and the reality: It can be necessary to make a legal action
           Balcony, terrace and loggia, these works are receiving bad weather. The case f the balcony is the easier in
           theory, it is not made to be waterproof and this conditions the coats we can install above and also below.
           But it happens that on the floor below, the owner has closed the balcony to make a loggia, and it is this
           owner who bears the less having to deal with water seepages(the judge, the property manager and building
           companies can ask him can ask him to break some elements to his own fees). The case of a loggia is not
           comparable. Technically it is to be considered as a balcony, IE a work which is not always waterproof. The
           problem comes once more when the co-owner closes his loggia. He considers it like a room and does not
           admit to deal with water seepages from above (the judge, the property manager and building companies can
           ask him can ask him to break some elements to his own fees). These two configurations are causes of
           numerous disputes and legal actions. The case laws don’t show a strong tendency and judgments have to be
           adapted to the case. The judge will mostly ask to improve the waterproofness of a balcony or a loggia but
           also,more rarely, to uninstall the elements which permitted to close a balcony or a loggia. Please note that
           the authorization given by the co-ownership to close a balcony or a loggia does not give by advance the
           result of judgments following future disputes. The case of a terrace is more simple. Whatever if the terrace
           prolongs the flat, or a private terrace-roof, it always tops a habited area so it owns on the construction a
           waterproof system. In this case, no dispute possible, the works must be waterproof.




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           The tenants and their owners:
           The fees of repairing or replacement of the waterproofness (see article 1719 of the civil code ande decree
           2002-120 indicating the only responsibility of the lessor owner) of a balcony or a terrace , not retrievable on
           the tenants (because it lacks in the decree 87-713) are tax-deductible of his land incomes (revenus fanciers)
           for fees of repairing, maintenance and improvement (dépenses de reparation, d’entretien et d’amélioration).

           Following article 3 of the law 65-557 of July the 10th 1965, and article R*111-26 of the code of
           construction and habitation.


           The works, whatever they are, when they belong to the works of waterproofness must be considerate as
           common parts, under the responsibility of the property manager which role is to conserve the building and
           insure all time, that the common parts and the private parts are conformed to their occupancy. The coats of
           balcony, loggia and terrace are frequently mentioned in the co-ownership rules “règlement de copropriété”
           as common parts, but it is mostly for normal maintenance and preventive protection of the superficial part
           of this coat. The part of the coat or the complex insuring the waterproofness must be considerate as shell of
           the building and so as common parts. This principle is a priori available even when the co-ownership rule
           (règlement de copropriété) lists this shell of the building as a private part.

           It results that works about an element of waterproofness of a balcony, terrace or a loggia must be taken in
           charge by the co-ownership. It is exceptional a co-owner is ased to pay the replacement of a coat or a
           complex of waterproofness: The most of time such replacement enters in the frame of works of
           transformation made by the co-owner when the elements replaced works normaly. Never the less, even in
           this case, the co-owners wishing to make those works are in controlled liberty, and their breathing space is
           very limited, seen the consequences this may have on the places below.

           The co-ownership must make them use a QUALIBAT company (www.qualibat.com key word: étanchéité) and
           subscribe an insurance “dommage ouvrage” (seen the articles (they are several ones) 1792 of the civil code,
           the replacement of an element of waterproofness must be guaranteed ten years.

           The article 25 of the law of July the 10h 1965 imposes to the co-owners to obey the decision of the general
           assembly to which they must ask an authorization, even made with their money which happens on common
           parts or external parts or the building. The decision is taken on the majority of this article. Otherway, the
           collective works of replacement of waterproofness are from the category of works of maintenance and are
           decided to the majority of article 24 of the law.

           Particular case of the added coats on the balcony, loggia or terrace:


           The coatings added on the floors of loggia, balcony, terrace are often the causes of questions and disputes.
           When it is the time to review the balcony, loggias and terrace, it often happens that the project previews to
           uninstall the tiles, which were often added by the owner on a floor which was on the origin made of
           concrete. But if we can logically consider that a tile helps to protect the concrete from bad weather, it never
           can have a role of waterproofness. The material by itself can be waterproof but the joins are a weak point
           especially in the long-life. In the reality, the question has no typical answer:

           In case of reviewing, the building firm which insures it, by installation of a paint on the concrete, can ask the
           removal of the tile which does not exists “officially”. This demand is justified when the tile and the face
           below present disorders which can possibly damage the waterproofness and accelerate the deterioration of
           the concrete. The owners concerned ask an indemnification and sometime get it and sometime not. It also
           happens sometime that it is decided not to do anything on these balcony, loggia and terrace where a coating
           has been added. It just makes the problem be worst and the owners of the coatings added will be obliged to




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           remove it when there will be a water leak in the floor below or a deterioration of the face below because of
           article 1382 of the civil code.

           Who shall you call?


           You will ask for three quotes made by firms with the label QUALIBAT (keyword : étanchéité).


           The particular case of the water seepages by a facade(New
           way from the insurance)
           These seppages happen most often by the existence of cracks which have holed the waterproof coatings or
           because of holes in those coatings. Many possibilities are available so let’s start by the first reasoning coming
           in this story since few times (I saw it enforced for the first time on november 2009) : The responsability
           insurer’s opinion.

           The b) of article R*111-26 of the code of habitation and building places the waterproofness of the facadings
           in the shell of the building. We notice that the frames of doors, windows and glass roof are also placed in this
           shell of building.
                                                  th
           By article 3 of the law of july the 10 1965, this shell of building is a common part in the co-ownership
           building.
                                                                th
           Other way by decree 2002-120 of January the 30 2002, the lessor owner is responsible of this part.

           The decree 87-712 (repairings left on the tenants’ responsibility) does not mention this part so every tenant
           cannot be forced to repair by himself a façade.

           Which logic is set up ?

           For the co-ownership


           Neither the CIDRE nor the CIDE COP include the seepages by facade, they are not enforceable.

           The responsibility insurer of the « responsible of this part » knows that for the co-ownership (because of
           article 18 of law july the 10th 1965) that the decree n°2001-477 of may the 30th 2001, oblige the co-
           ownership to maintain a bokk of maintenance. Its article 4 obliges these co-ownership to note on this
           book the year of realisation of the works of renovating facades and the identity of the firm which
           realized them.

           In the «code de la construction et de l’habitation » we find :

           Partie législative

           Livre Ier : Dispositions générales.

           Titre III : Chauffage, fourniture d'eau et ravalement des immeubles - Lutte contre les termites.

           Chapitre II : Ravalement des immeubles (renovating facades of the buildings).

           Article L132-1 Code de la construction et de l'habitation shows that:




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           The necessary works must be made at least once every ten years, on the injunction which is made to the
           owner by the municipal/local authority.

           The responsibility insurer of the responsible of this part will ask a copy of the last invoice which, you will
           have understood, must be younger than ten years old. If this invoice is older than ten years old, should you
           read the articles following this one which indicates that the town council can oblige the works to be done
           under the owner’s payment and responsibility.

           If it does not give any result, the article L132-5 of the code of building and habitation says:

           In the case where the works would not have been made on time defined by notice delivered in enforcement
           of the previous disposition, the mayor can, on permission given by the president of the “tribunal de Grande
           Instance” giving a ruling on this matter, make them be executed, to the owner’s fees.

           The amount is advanced by the town. It is repaid by direct tax. The complaints are presented,
           prepared for judgment and judged as a direct tax.



           For others


           The CIDRE does not include the seepages by facade, it is not enforceable.

           The responsibility insurer of the « responsible of this part » knows that for the co-ownership (because of
           article 18 of law july the 10th 1965) that the decree n°2001-477 of may the 30th 2001, oblige the co-
           ownership to maintain a bokk of maintenance. Its article 4 obliges these co-ownership to note on this
           book the year of realisation of the works of renovating facades and the identity of the firm which
           realized them.

           In the «code de la construction et de l’habitation » we find :

           Partie législative

           Livre Ier : Dispositions générales.

           Titre III : Chauffage, fourniture d'eau et ravalement des immeubles - Lutte contre les termites.

           Chapitre II : Ravalement des immeubles (renovating facades of the buildings).

           Article L132-1 Code de la construction et de l'habitation shows that:

           The necessary works must be made at least once every ten years, on the injunction which is made to the
           owner by the municipal/local authority.

           The responsibility insurer of the responsible of this part will ask a copy of the last invoice which, you will
           have understood, must be younger than ten years old. If this invoice is older than ten years old, should you
           read the articles following this one which indicates that the town council can oblige the works to be done
           under the owner’s payment and responsibility.

           If it does not give any result, the article L132-5 of the code of building and habitation says:




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           In the case where the works would not have been made on time defined by notice delivered in enforcement
           of the previous disposition, the mayor can, on permission given by the president of the “tribunal de Grande
           Instance” giving a ruling on this matter, make them be executed, to the owner’s fees.

           The amount is advanced by the town. It is repaid by direct tax. The complaints are presented,
           prepared for judgment and judged as a direct tax.



           What if the works are younger than ten years old and that the firm which has realised the works
           still exists ?


           The articles 1792 to Article 1792-7 of the civil code are enforceable.

           The responsible of this façade will have, we hope it, subscribed to an insurance “dommage ouvrage” and will
           matter the problem with it.

           For others, you will wait a legal decision if the firm does not want to acknowledges the facts. (The article
           1792-6 of the civil code says: the guaranty cannot extend to necessary works to mend the effects time or of
           use.

           What if these firm no longer exist ?


           Article 1795 of the civil code says that:

           A contract of hiring of work is dissolved by the death of the worker, of the architect or of the contractor.

           In this death we generally take in count , liquidaton, the retirements… every death of firm.

           If there is no contract, there cannot be any gauranty. The responsibl of the façade wiil have to pay to his own
           fees the façade renovating.




           The successions of insurances(damages occurring while the
           premise is being sold, damages occurring while a new
           tenant is coming).
           Jurisprudence (case law) from cour de Cassation chambre Civile I, 7 mai 2002, (C. /Chouraqui); L'Argus de
           l'assurance, 7 juin 2002, p.46.



            «In the water damage insurances, and in the case of successive insurers, It is the insurer for the risk on the
           moment of the observation of the damage, who must guaranty it, as soon as the damage happened during
           the period of time of validity of the contract. »




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           Le constat amiable (damage report drawn up by the
           parties involved.)
           It is a key document which a copy must be kept by the victim and signed by the “responsible ». It is the
           acknowledgement of responsibility which enables the insurance of things of the victim to indemnify him,
           and which obliges the insurance of responsibility of the « responsible » to indemnify the victim thanks to
           article R*124-1 from code des assurances.

           It is also the evidence of no responsibility which enables to the victim tenants to leave the flat and move
           without having repaired the water damage. He will get back the security deposit because of article 1732 du
           code civil or the c de l’article 7 de la loi 89 462 du 6 juillet 1989 which says that if a tenant can make the
           evidence he is not responsible of the damage, he is not bound to repair it. He will send to his lessor another
           copy of the damage report or the adress and telephone number of his insurance with the number of
           insurance policy (numéro de contrat, ou police d’assurance) and the reference of the damage.



             * The lack of sending this document to the insurance can make topic of enforcement of an excess
           generally around 125€ .

           * You will find a print of this report in your insurer’s office or your broker’s office.

           *If you cannot get damage report , or if the neighbor won’t sign it, you can send to your insurer any paper
           by registered letter with acknoweldgment of receipt, in the five days after your observation (in compliance
           with article L 113-2 of the code of insurance, specifying :

                * The damages observed in your house,

                * The address of the neighbor responsible of the sinister

                   * enclose photos of the damage to your mail.

           If your insurer does not erase the excess, you should contact a bailiff.



           Before everything, be insured to know exactly the exact cause of the damage. If you can’t find it call a
           plumber with the QUALIBAT label (www.qualibat.com).

           Source of what follows :

           http://sud-courtage.fr/assurance/index.php?2006/07/02/9-guide-du-constat-amiable-degats-des-eaux



           Sud courtage

           Activity                                                   Broker insurance company for students.


           HQ ADRESS                                                  432 Boulevard Michelet - 13009 MARSEILLE 09

           SIRET                                                      39521464600022




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           Legal form                                             SARL

           Capital                                                7.622,45 EURO

           Nationality                                            France

           Manager (gérant)                                       Mr. DE GASQUET Alain



           * We remind you that no sentence (on the contrary for cars insurances) is previewed if you are the
           responsible of a water damage. If you wish to make a damage be repaired in those conditions, you will have
           to pay an excess around 125€ which is cheaper than making the whole works by your financial means. But
           depending on your contract, the seeking and the repairing of escapes could be not indemnified. Refusing to
           repair a the origin of the escape can make your insurance refuse to indemnify you.

           As we can read on http://www.gmf.fr/actualites/sos-plomberie.jsp the GMF can take in charge a part of the
           amount of the plumber registered by itslef.

            * It is possible to declare a damage by phone (by the way do not accept any indemnification without an
           insurance expert or a company of building saw the damages first). But a report protects you from so much
           subsequent problems (such as making the evidence you are not responsible of the damage if you have to
           leave the premise in order to move elsewhere).

           * Indicate the name of the insurance company of the third person with who you fill up the report and the
           number of his policy.

           * In the square "nature de l'immeuble" (nature of the building), indicates "immeuble locatif"(rental building)
           if it is managed by only one owner and “copropriété” (co-ownership) if it is managed by several co-owners.

           * Indicates "occupant"(occupier) if you live in the premise damaged or in the one where the escape was
           made.



           *The «canalisations accessibles » (accessible pipes) are those who can be accessed with out works of
           destruction.




           What to do if no one wants to sign the “constat amiable” ?
           Cabinet RADIER (Law office)

           http://www.jeanclauderadier.com/

           Registered to barreau de Paris (http://www.avocatparis.org)

           No. de Toque                                           B0213

           Professionnal category                                 Inscrit




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           Day of oath                                               07/01/1988

           Adress                                                    7                 AVENUE                   GOURGAUD
                                                                     75017 PARIS

           Telephone                                                 01 42 67 65 00

           Fax                                                       01 42 67 70 21

           Internet Site                                             http://www.jeanclauderadier.com/

           e-mail                                                    j-claude.radier@wanadoo.fr

           Main activity                                             Right of civil responsibility right of insurances

           Incorporation group                                       CRL JURIS (SCM)



           The little damages where the plumber does not find anything (1 à deux pièces):


           As Jean Claude RADIER writtes on his site, in front of every damage it is good to take photos.



           You will be able to declare your damage to your insurance by sending a registered letter with
           acknowledgment of receipt (letter recommandée avec accuse de reception) in a delay of five days after you
           noticed this one. This last one will be enclosed with:

                 -   A paper where you describe the sinister
                 -   A quote from a painter with the QUALIBAT label (the quotes can be free in compliance with Arrêté
                     du 2 mars 1990, ask your painter first before taking an appointement with him) in which he says the
                     rate of humidity found (that he must know before realizing the works because of DTU 59.1 also
                     called norme AFNOR NF P74-201). This quote is to be done if you don’t pass by the repairing by
                     nature, or if it is refused to you, IE if the insurance don’t send you one of its registered firm.
                 -   The pictures of the damage



                 Generally it is sufficient so that your insurance take the damage in charge. It will probably take an excess
                 around 125€ because it has no insurance against which it can make an appeal. Misfortunatly in France
                 we cannot make better than advising you to pay these 125€ if the humidity rate is dry (rate located
                 between 0% and 50%: origin of the damage repaired and not findable). From 18 to 50% evidence of
                 water damage. From 0 to 18 %: normal rate : Only the aspect of the supports can make evidence of a
                 water damage.

                 The insurance will be able to use the excuse of late declaration only if it can make the evidence that it
                 has suffered a prejudice in compliance with article L 113-2 from code des assurances… it also mean that
                 it will have to make the evidence that the damage is old).

           If the insurance refused any indemnification under excuse that photo is not an evidence (it is true for civil
           rights which the problems of water damages are a part) . You will have to call a bailiff (around 250€ says




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           Christophe MORILLA, bailiff of Paris, (in a e-mail I addressed to him) and without guaranty to be repaid).
           But this excuse is very exaggerated when we know two things:

               1) This method cannot suffer any abuse (too much declarations, false declarations) because of article
                  R*113-8 and R*113-10 of the code of insurances.
               2) That before November 2007, an insurance expert moved to the place of the damage, whatever it
                  was, and that he defined by himself the indemnification or not, without the member (the victim,
                  who is not supposed to be a connoisseur in topic of water damages) had to make evidence he
                  suffered water damage. And this possibility has been suddenly removed to satisfy a plan of
                  economy made by the firm called CELENT (see further in our part about “the expert”) . They give up
                  the member in a huge problem if he cannot provide a report or if he cannot pay a bailiff.

           If any insurance refuse the indemnification you should contact Mr RADIER which the adress is above.

           The little damages where the neighbor stops the plumber from entering in his premise:


           When a neighbor refuses a plumber comes in his premise, or any other person, or always find excuses not to
           be present to any appointments, there is a kind of restriction against justice. Because he stops anyone from
           making evidence about his responsibility or not made by article 1382 of the civil code.

           It is possible to contest him in justice. As we can read on http://huissiersdeparis.com/degat-des-eaux/fr/
           (website made by the Parisian bailifs) some people can be judged and have to repair their water seepage,
           only the notification of bailiff will be the evidence that they made the repairing after the sentence.

           First you could make a bailiff come (around 250€). His notification will be the best evidence you suffer a
           damage in case of appeal. Get informed near your insurance. Your contract “protection juridique” (legal
           protection) under some conditions mentionned in it, can indemnify you so you can pay the bailiff and the
           lawyer…

           For other people, it exist the “aide juridictionnelle” that is a subsidy you receive when your incomes don’t
           exceed a limit. This one is findable near the « tribunal de grande instance » in the office called « bureau
           d’aide juridictionnelle ».

           From what we can read on : http://vosdroits.service-public.fr/particuliers/F18074.xhtml (official website of
           the French public services)

           The foreigners having a nationality of a country from European Union (Austria, Belgium, Bulgaria, Cyprus,
           Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia,
           Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden,
           United Kingdom) can enjoy it:

           The foreigners having a nationality outside European Union can enjoy it too under condition they regularly
           and usually live in France (the evidences will be made by the invoices of electricity or phone…)

           For other cases, it is possible you ask to be repaid of any fees you engaged. See that with your lawyer.

           The « responsible », if it is made evidence, he is responsible of the damage, will be sentenced to repair the
           escape, and there is no other way than the notification of bailiff on the day and on the time the plumber
           comes to get proved innocent of any subsequent problems.

           The big damages:




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           It deals with those the amount of repairing exceed 1600€ without taxes. An insurance expert comes to your
           house and his report is already the evidence to the insurance that you are suffering damage. His report can’t
           stop the indemnifications, IE if you meet additional damages subsequent to the same escape of water, there
           will only be article 1382 of the civil code that will be available. And this last one insists that “Any act
           whatever of man, which causes damage to another, obliges the one by whose fault it occurred, to
           compensate it.” You will have an excess to pay that will be repaid if the appeal reaches an agreement at the
           end.


           The time during which it is possible to declare a damage :

           Article L113-2 du code des assurances

           Modified by law n°89-1014 from december th 31st 1989 - art. 10 JORF January the 3rd 1990 enforceable only
                          st
           since may the 1 1990.

           The insuree is obliged :

           4- Inform the insurer as soon as he is aware thereof and no later than the time set in the contract of any loss
           that may involve the insurer’s cover. Said time may not be less than five working days.
            Said minimum time shall be reduced to two working days in the event of theft and to twenty four hours in
           the event of livestock mortality.
           The above times may be extended by mutual agreement of the contracting parties.
           When provided for in a contact clause, forfeiture due to lateness of report of loss having regard for the times
           provided for in paragraphs 3 and 4 above may be invoked against the insured only if the insurer proves that
           it entailed a loss (*) by reason of the late report of loss. In addition, it may not be invoked in all events where
           the late report of loss is the result of an accidental case or an act of God.

           (*) This was confirmed by the case law (reference of the case law: Cass 2ème civ., 7 mai 2009 Resp. Civ et
           Ass. Juillet 2009, comm. 228 ) nowaday, if an insurer wants to refuse the indemnification of a damage for
           lateness, he has to make the evidence he is submitted to a prejudice. The thing is available only if he makes
           the evidence via the database BATIPRIX … this data base is updated once a year… So some months of late
           cannot make this excuse of lateness be enforceable.




           How will it be indemnified?
           If a water damage happen in your flat, this one will be indemnified by your insurance, whatever is the
           responsible (if you are responsible, you will perhaps have an excess to pay around 125€ per water escape) ,
           as long as it is not mentioned in the paragraphs “the exclusion of guaranty” of your contract and depending
           on the damages and the covered guaranties of your contract. In what concerns the water damages, the
           convention CIDRE , if we are in the conditions of its enforcement, will define the role between the different
           insurances (prejudicing part, insurance of the tenant, insurance of the lessor, property manager/co-
           ownership insurance). In the eventuality, we would not be inside the CIDRE, the French legislation will define
           the role between them.

           Beware, it is not because something is inside your flat that you are the only one concerned:




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           Material damages (Dégâts matériels) and immaterial
           damages (dégât immatériels)
           A water damage produces material damages (to the furniture or the property), and depending on the case,
           immaterial damages, (loss of incomes, loss of enjoyment, loss of rents…). These two kind of damage are
           counted separately.

           As an example, if a room is made uninhabitable during the time of the works of repairing, some insurers,
           depending on the contract or if we are in the conditions of enforcement of the CIDRE, calculate the rental
           value of the room in proportion of the total rent and the time of inoccupation, and indemnify the insured
           person of the amount obtained by this method.



           In addition of the material damages , some insurers repay the fees that the damage made the insured person
           pay. As an exemple, depending on the contract that has been chosen, the fees of escape seeking (Insurance
           GMF), of drying, of furniture moving, of cleaning. Some contracts repay the excess in the water invoice
           caused by the escape.


           The CIDRE convention:
           Definition


           It is a special convention for water damages, as far, a document which has a legal value. Which establish
           irrevocable rules between the insurers that signed it and which aim to reduce the time of repayment. Every
           members of FFSA (Fédération Française des Assurances) (FRENCH FEDERATION OF INSURANCE FIRMS) and of
           GEMA (Groupement des Entreprise de Mutuelles Assurances) (association group of insurance and mutual
           insurance companies) have signed it as we can read in the book “code des assurances 2009” which the
           autors are Bernard Beignier and Jean-Michel Do Carmo Silva published by “LITEC edition”. So to know if your
           insurance adopted this text, you have to check on the website www.ffsa.fr or www.gema.fr and chack the
           part about the “adherents” (members).



           FFSA and GEMA are the two main union trade of insurance in France.



                                                                                             st
           So it can be enforced, we have to respect some criteria that you will find in the 1 article of this convention
           that you will be able to consult on the same page where you get this file.

           For the damage not entering in this convention, the process of repayment can be quite long. The convention
           about the “expertise amiable contradictoire ” (contradictory valuation on friendly terms ) in ts modified
                                     th                                                            st
           version from april the 25 2008, enforceable to damages that happened from jully the 1 2008 , want that
           the contradictory meeting of the expert happens 21 days after the day of sending the invitations to this
           meeting. This time is to enable the other part to organize its participation.




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           Where can I find a copy of the CIDRE convention ?


           This convention has been translated in English on our website in the insurance part/ France /water damages.

           http://www.malibrairiededroit.fr/2245-code-des-assurances-2009.html

           In french :

           code des assurances 2009

           Autor :Bernard Beignier et Jean-Michel Do Carmo Silva

           Publishing firm : éditions litec.

              ISBN: 978-2-7110-1121-6
              Format: 140mm x 195mm
              Nombres de pages: 1800
              Numéro d'édition: 3ème
              Parution:
              Collection: Codes Bleus
              Réf.: 376103

           Particular case of the wood flooring/tiles (the property of a private part):


           The property of a private part is defined in article 2.11 of the CIDRE in the part practical enforcement
           regulation.

           Article 2.14 de la CIDRE 2002



           For this convention enforcement, it is agreed:

           To assume that any personal property guarantee is extended to a maximum of 15% of the
           convention ceiling:
           • to small real estate damages such as plaster fittings, wood flooring, electrical installations
           repair
           • and/or damage resulting from rescue measures, i.e. all property or personal damage caused by
           the relief at the time of a loss falling within this convention scope that occurred in the
           policyholder’s
           property or another’s.

           If you have a damage on the wood flooring or floating wood flooring, and that the quote that the wood
           flooring maker or that the valuation that the expert made enter in the CIDRE, your insurance will repay it. (It
           means, on the contrary of what appears that it will advance money but it will ask the repayment to the
           prejudicing part.)

           Si vous avez un dommage sur le parquet et que le devis que vous a fait le parquetier ou le rapport de
           l’expert rentrent dans la CIDRE de votre propre assurance, c’est à cette dernière de vous l’indemniser (c'est à
           dire contrairement à ce qu'on croit qu'elle avance l'argent mais en coulisse elle demande bien indemnisation
           à la partie lésante).




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                                                                                                                            er
            But if we get higher than 15% of the limit of the CIDRE (1600€ without tax) the article 1.1512 de l’article 1
           (champ d’application) de la CIDRE



           "Par lésé il faut entendre:

           By aggrieved, one must hear:

           The joint owners’ community or the building owner when damages concern:

           Privative real estate parts, with the exception of embellishments, small real estate
           damages and damage resulting from rescue measures within a 15% limit of the maximum
           amount for the convention enforcement.

           For the cases where the CIDRE is not enforceable, an expert will take the affair :

                                                                                                                     th
           It does not stop that the definition is still the same because of article 3 of law 65 557 from July the 10 1965
           saying that the shell of the building is common part, and completed by article R*111-26 of the code de la
           construction et de l’habitation (code of habitation and building) which says that are linked to the shell of the
           building :




               -    The coverings and coatings of the walls excepted the paint and wall papers.
               -    The floor and their covering in solid material.


           The role of the expert
           He can be employed by the insurance or coming from an independent office of valuation.

           The valuation is automatic when the damage risks to over go 1600€ without taxes. The expert notes every
           causes and consequences of the damage, estimates the repairing in €, and propose an amount of repayment.
           The gestionnaire de dossier (file manager, in your insurance) will then determine the responsibilities, fix the
           amount of indemnification, and will solve the damage. From what the FFSA (one of the two big union trade
           of insurance) says, the training of an expert (from studies to work life) wants that the expert is a person
           specialized in a subject. As far, an expert in car insurance cannot be an expert in building insurances. It is also
           a person trained in the French rights but it defends more the insurance than the insured person.

           As his moving costs very expensive (around 100€ the moving) the insurances set up a strategy to speed up
           the indemnifications.




           Why do we see him less and less ?


           Since November 2007, most insurance companies decided to treat the water damages from a distance or by
           “télé expertise” or by validation of the quotes that the building firm made and that the insured person
           submit to his insurance.




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           In what concerns the « télé expertise » , a person you phone to ask you the state and the dimension of the
           rooms then establish an evaluation via a slip of price written by the insurance company. A building company
           moves to your house then to validate this estimation or contest it. This method enable the insurance to
           know if she will move an expert or not.

           In ther strategy of cost management, the insurance have created platform of “télé expertise” which main
           goal is to estimate a damage from a distance. As we can be astonished about this kind of technic (blinded
           indemnification) the insurances have asked a study to groups of consulting like CELENT COMMUNICATION
           (consulting firm in strategy originally from United States of America) so they could know if such kind of
           technic is efficient or not. This is what is said:



           Source : http://www.celent.com/japanese/pressreleases/20020308/gestionsinistres.htm

           CELENT

           Activity                                                Advice for business and advice for management -
                                                                   7022Z

           Head quarter                                            117 Pembroke St

                                                                   Boston MA 02118

                                                                   USA




                                                                   French Franchise :16 Place Vendome - 75001 PARIS
                                                                   01

           SIRET                                                   49966200500010

           Legal Form                                              Head quarter : Société étrangère immatriculée au
                                                                   RCS

                                                                   French Franchise : SASU        Société   par   actions
                                                                   simplifiée à associé unique

           Capital social                                          French Franchise: 37.000,00 EURO

           Nationality                                             United State of America

           Président                                               Mr. MARENZI Octavio



           « Celent Communications has examinated the process of management of the damages in the French
           insurances to understand why, in spite of the specialties of the different contracts, it is nowadays possible to
           build a new architecture with the new technologies. The study analyses the constraints and benefits of the
           setting up of platform of management of the damages inside the insurance companies.




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           According to Axel Pierron, Celent Analyste and author of the study :

           “In what concerns the management of the events of the insurance contract, and notably in the case of
           damages, the existing systems of informations are often the heritage of process installed after WW2. It is
           why the platforms of management of the damages represent nowadays a main stake for insurances
           companies. »



           And yet, the process of management of the damages in the insurances are clearly determined. The insurance
           companies , since a long way in time, have taken offense the different technics governing the processing of
           the damages. These empirical rules are technically integrable to computer platforms of management of the
           damages in order to automate the chains. In fact, 80% of the damages can be the topic of an automated
           management by a computer platform.

           The computer platform of management of the damages, by reducing the time of processing of the files,
           enable to improve in a significant way the service given to the customer.

           It is a stake of differenciation compared to the competition but also a marvelous lever for the strategy of
           crossed sales as we notice an increase of the rate of crossed sales of 28% simultaneous to the setting up of a
           platform.

           In addition, the computer platform of management of the damages, by reducing the number of repetitive
           tasks and the exchange of informations, enable to increase of 17% the productivity by the staff. It is directly
           reflected on the time of processing of the damages, enabling a decrease of 2/3 of the stock of damages in
           process inside the insurance companies.

           The télé-expertise and its dangers
           Alexandre-Olynthe CECCHINI Works technical expert for société O.CECCHINI firm under contract with MAIF
           (one of the big French insurance) which can also make interventions for other insurances for which
           O.CECCHINI has no contract of agreement .

           Activity                                                Paint firm

           Head quarter                                            38 rue du Sahel- 75012 Paris

           SIRET                                                   64202737900030

           Legal Form                                              SARL

           Capital                                                 32.000,00 EURO

           Nationality                                             France

           Manager                                                 M Roland CECCHINI



           We have two ways to valuate a damage if the insurer feels there is no risk to over go 1600€ without taxes
           outside the moving of an expert:

           The financial value: “ valeur pécuniaire »:




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           We ask you a quote from a building company. If the insurance does agree, with the quote, it indemnifies the
           insured person of 80% of the amount of the quote and the 20% remaining will be repaid under condition the
           insured person gives an invoice with a notice meaning that this invoice has been paid off.

           La télé expertise or télé chiffrage:

           First, you make a phone call to someone called « télé expert » which will be in charge to make a virtual
           evaluation from what you will tell him. ( superficy of the rooms, coatings or covering or paint on the
           damaged rooms …). Then he will enforce the price written on his price slip. He will multiply the superficies in
           m² by the price in m² he has in his slip. This estimation is totally virtual and in 90% does not represent reality
           as the insured person does not know how to meter (which is a specialization training of a job called
           “mètreur”) and the télé expert, when he has not the dimension, will just invent them from what he thinks
           “standard”. As an example if he does not know the height under ceiling, the standard is 2.50m… whatever if
           it is not the reality.

           Two possibilities :

               -    If with his estimation he does not over go the 1600€ , no expert will come and see the damages.

           We, Societé O.CECCHINI, will move gratuitously to the flat to check the truth of the estimation and will valid
           them or invalid them.

           - If we over go the 1600€ ht an expert will come.

           The knob and the blade of Damocles’ sword hanging over their head :


           No “télé-expert” should validate one of its estimation if he is not sure about the reality of its
           indemnification.

           The knob is called article 1382 of the civil code obliging them to repair every damages, even those you would
           not have declared or appearing after your declaration and dued to a water damage. The blade is called the
           principle of repairing with value for new certainly mentioned in your contract or at least by the CIDRE if it is
           enforceable. In the case there would be something missing, the article L114-1 of the insurance code allows
           you to discuss the affair with your insurance or present it in front of the French justice in a delay of two years
           after your declaration.


           La franchise (The excess)

             You pay an excess (around 125€ TTC by water damage) in the following conditions:



           * No “constat amiable” (report drawn up by the two or several parts involved) sent to your company. If the
           neighbor does not want to sign the report, you should contact a bailiff…

           * The damage comes from your private parts.

           * The appeal against the prejudicing part has not reached an end yet, (which often happens when this part is
           the co-ownership or the property manager). You will be theoretically indemnified when this appeal will get
           an agreement between the two or several insurances involved.




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           * The prejudicing part is not insured. You would ask a bailiff to make his civil responsibility be enforced.
           Another possibility comes from the CIDRE which can say what happens when an occupier is not personally
           insured (see the table in attachment).

            If you have an excess to pay but you don’t recognize one of the reasons above, it is possible your insurance
           committed a mistake. Should you contact this last one.


           The time to wait :
           You will have understood, a water damage is not repaired from a day to the next one.

           In what concerns the paint, the norms called Document Technique Universel DTU from the serial 59, orders
           to wait a wall is dry until the 18% are reached for plaster, 5% for the wood, etc ;.. the ideal is 0% of course… il
           faut attendre que le taux d’humidité présent dans le subjectile soit redescendu à 18% pour le plâtre 5 % pour
           le bois etc… The minimum to get this level of drying is 6 months after the repairing of the reason of the
           water damage.

           But, it is possible this level get two years in the case the room is not ventilated enought or if « stoppers »
           contain the water inside the damaged area (wall papers on the blisters or halos)

           It is necessary to think that the plaster, wood, ect… act like sponges but nothing can spin them dry. The
           water can only dry at the surface of the thing damaged but as soon as it comes, this thing drinks it.

           As a consequence :

           -Remove everything on the damaged parts (wall papers paint, until you meet plaster, bricks ;…the element
           constituing your wall ceiling…)

           - Ventilate the more possible the damaged rooms and if you are not present in the place, let the doors
           opened. Your apartments are not hermetic even if you don’t feel it, there is always an air movement in your
           place.

           -Heat the room normally , it is not necessary to transform it like a sauna.

           - Do not hesitate to bleach the moistures.



           For an insurance view, if you are in the condition of enforcement of the CIDRE convention, , your
           indemnification will be fast (less than one month generally).

           If you are not, the delay can be fairly long (more than 4 months to a year).

           If for a X reason you had to go in front of the courts of justice, let’s say it is not exagerated to count at least
           three years before you get the indemnification.

           On the other hand, in addition to the drying of the water damage, we have to count , the answer of the
           insurance, somtime the answer of the property manager, and the planning of a serious building firm
           (generally above four months after the order is given to it) .



           Let say that between your declaration and the realisation of the repairing works, 1.5 years are not
           exaggerated. Some lucky people will have less time to await, some other will have to wait for very longer.



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           In France we are facing a crisis of lodgment and of the workforce for the building activity. On one hand we
           have a property of building getting fairly old which knows few renovations, it is normal if the plumbing often
           breaks, on the other and the building firm harshly find qualified men or women for building activity. The
           French are not attracted by the works for building and by physical works which, in their psychology are a
           synonym of failure in the realization of their life.




           The firemen
           The case where the CIDRE is not enforceable :


           As the website reminds :

           http://www.mon-immeuble.com/Dossiers/dos02/dossierassurancecopropriete.htm

           DAHAN ISABELLE
           Non inscrit au Registre du Commerce et des Sociétés (vérifier sur http://www.infogreffe.fr/)
           (Not registered on the register of the trades and societies) (verify on http://www.infogreffe.fr/


           Adress                                                  MADAME ISABELLE DAHAN SITEXPERT 8 RUE
                                                                   BOILEAU
                                                                   75016 PARIS 16
           Siret :                                                 429 099 773 00013
           Activité Principale Exercée (APE)Principal activity     6202A - Conseil en systèmes et logiciels
           exerced                                                 informatiques (advice in systems and computer
                                                                   softwares)


           In the majority of the cases, the insurance of the co-ownership will take the repairing in charge if it s
           mentioned in its contract of co-ownership that the damages dued to the intervention of the rescue services
           are guaranteed.

           In the enforcement of the CIDRE (The tenant watered himself and who the firemen would have
           damaged « estates » (embellishments, doors windows) belonging to the owner, or the case where
           the firemen mistook on the flat where the water escape came from.


           In its article 2 , Provisions on embellishments, real estate parts, small real estate damage and damage
           resulting from safeguard measures

           The CIDRE specifies that :

           2.1 - For this convention enforcement, it is agreed::

           To assume that any personal property guarantee is extended to a maximum of 15% of the convention ceiling:




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           and/or damage resulting from rescue measures, i.e. all property or personal damage caused by the relief at
           the time of a loss falling within this convention scope that occurred in the policy-holder’s property or
           another’s.

           If we are above these 15%, the CIDRE specifies that :
           article 1

           1.15 By damaged person, one have to understand:

           1.151-The co-ownership or the owner of the building when the damages concern

           1.1512 - Privative real estate parts, with the exception of embellishments, small real estate damages and
           damage resulting from rescue measures within a 15% limit of the maximum amount for the convention
           enforcement.



           Out the CIDRE and if no one has an insurance


           For the premises in co-ownership ruled by the law 65 557 of july the 10th 1965, seen the definition of the
           common parts at article 3, and seen the article R*111-26 du code de la construction et de l’habitation, the
           property manager or the co-ownership will have to repair the frames of windows and doors (see our part
           insurance of the co-ownership.



           Or, seen the article 6 of law 89 462 from July the 6th 1989 and the civil code in its article 1719 and 1720 « A
           lessor    is  bound       to deliver     the     thing   in   good     repair of         whatever     character.
           He must, during the term of the lease, make all the repairs which may become necessary, other than those
           incumbent upon lessees.”

           Seen the decree 2002-120 « definition of a decent premise…article 1 « the premise must insure the closed
           and the covered”, the lessor owner will have to repair the mobile elements (door, windows) and every
           damages caused by the firemen which appear in the decree 2002-120. For this kind of situation, the decree
           87-712 is not enforceable because of article 1732 and 1730 of the civil code or article 7 of the law 89 462 of
                     th
           july the 6 1989 because he is not obliged to repair damages caused by a third person if he can make the
           evidence. The neighbors account or the firemen account are sufficient civil evidences whatever if they are
           spoken or written to your insurer. For as far, the neighbor are not responsible as the firemen made the
           damages.


           How many time have we got to realize the works? (The
           prescriptions)
           Perhaps you don’t know it because as the case law reminds it:

           “The insurer, especially if it is represented by a broker, is not forced to inform the insured person about the
           expiry of the biennial delay of prescription. »
           Reference of the case law : Cour de Cassation chambre civile II, 26 Octobre 2006, 05-15318 ; Responsabilité civile et assurance 2007, Com.n°75.
           Case law very logical with the French principle of right that no one is supposed to ignore the law. (recognized in circulaire du 30 mai 1996).




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           From your declaration of the damages, you have two years to realize the works by enforcement of article
           L114-1 of the insurance code which defines a limitation period of two years after the declaration of the event
           that made the guarantee be enforced.

           The same article says that the point of departure can also be the one where you had the knowledge of the
           damages if you can make the evidence that you ignored it up to there (example of the tenants leaving with a
           water damage not repaired and that the lessor learns that the CIDRE gets the owner lessor insurance be the
           new indemnifier of the damage. The lessor will give a copy of “Etat des lieux de sortie” (inventory and report
           on state of repair when the tenants leave the premise) to his insurance if he does not receive any other
           documents).

           Breaks in the biennial limitation period
           http://www.jeanclauderadier.com/actualites/petit-rappel-des-principes-en-matiere-dinterruption-de-la-
           prescription-biennale-170

           and

           http://www.jurisques.com/cass10.htm#presduree

           Cabinet RADIER

           Registered to « barreau de Paris » (Bar of Paris) (http://www.avocatparis.org)

           « No. de Toque » (Number of lawyer’s hat)               B0213

           Professional category                                   Inscrit

           Day of oath                                             07 January 1988

           Adress                                                  7                 AVENUE                 GOURGAUD
                                                                   75017 PARIS

           Telephon                                                01 42 67 65 00

           Fax                                                     01 42 67 70 21

           Website                                                 http://www.jeanclauderadier.com/

           e-mail adress                                           j-claude.radier@wanadoo.fr

           Main activity                                           Right of the civil responsibility and right of the
                                                                   insurances

           Attachement group                                       CRL JURIS (SCM)




           Reminding about the break in the biennial limitation period.

           The article article L 114-2 of the insurance code says that :

           « The limitation period shall be interrupted by one of the ordinary causes that interrupt the limitation period
           and by the appointment of experts following a loss.… ».




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           1 / the designation of an expert

           So the designation of an expert interrupts the limitation period for the insurer, it is necessary
           that the designation is opposable to him.

           As far, the designation of an expert by the insurer or by a court interrupts the limitation
           period.

           The « Cour de Cassation » has also made a case law saying that «every designation of an
           expert following a damage interrupts the limitation period for every legal injury resulting
           from this damage » (Cass 1997 et 2000) “ and toward every parts” (Cass 2002).

           Only the designation of an expert interrupts the limitation period, this one starts again for a period of two
           years.

           Only the designation of the expert, on friendly terms or legal term, interrupts the limitation period and not
           the sequence of his operation or the deposit of his report.

           The extension of the mission of the expert is analyzed like a new designation.

           Si toute désignation d'expert a un effet interruptif de prescription, cette interruption ne peut avoir d'effet
           contre l'assureur que si celui-ci a été convoqué ou a participé aux opérations d'expertise.

           Reference of the case law : Cass. Civ. I, 21 octobre 2003; RGDA 2003, p.703, note J.Kullmann.




            “The interruptive effect of the limitation period resulting from an action in front of the legal
           courts is extended for every parts until the dispute has found a solution » (Cass 2008)

           In Water damages, it means until the damages are totally erased and that everything has been
           paid.

           Harder is the question of the designation of an expert by the insured person. If the insurer is
           not informed, no difficulty will be created and the limitation period will not be interrupted.

           Nevertheless, if the insured person or the expert himself informs the insurer about this
           designation, the limitation period will be able to be interrupted, but it has to be made by
           registered letter with acknowledgment of receipt (Lettre recommandée avec accusé de
           réception).

           2/ The renunciations by the insurer

           It exists other hypothesis less classical, which enable sometime to save the situation, by
           consideration of the fact that the insurer is supposed to have renounced to his limitation
           period.

           First, when the insurer acknowledges his guaranty, even implicitly. By the acknowledgement
           of his obligation, the limitation period is no longer enforceable, and the limitation period of
           ten years from the common right is enforced.



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           But also when the insurer continues the amicable expertise after the prescription of the
           limitation period, it is possible to invoke that he has renounced to it.

           « Once from the moment that the expert continues his mission over these two years, the
           person who has designated him is supposed to have renounced to the prescription »


           Cass. Civ. II, 15 Mai 2008, 07-14258 ; RGDA 2008, 646, note M.Bruschi.

           On the same idea, the designation of a third expert interrupts the limitation period, but can
           also make an acquired prescription reborn, because as in the previous hypothesis, the insurer
           will be supposed to have renounced to it.

           The case law equaly admited that the fact of making an illusion of renounciation to the
           prescription can be judged as a simple and pur renounciation (cour de cassation 1989).

           b)LThe renunciation presented by jurisque :

           The renunciation can only be realized when the prescription is over.



           Reference of the case law:Cass. Civ. I, 20 Octobre 1992, RGAT 1993, p.80, note H.Margeat.



           This renounciation must result of acts not ambigous about the will of renouncing, raising from
           the sovereign estimations of the judges of the basics problems.

           F.Chapuisat : la renonciation de l'assureur aux prérogatives du Code des Assurances, RGAT
           1993, p.483.



           The renounciation can come from:



             * the behaving of the insurer which, once the prescription is over, subordinate his
           acceptation to rule a current criminal inquiry.



             * from the part payment made by the insurer.



             * from a participation of the insurer to operations of expertise.




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             * from the management of the lawsuit by the insurer.




           But, the simple refusal of guaranty of the insurer cannot be considerated as a renounciation to
           raise the prescription.



           Cass. Civ. II, 15 Mai 2008, 07-14258 ; RGDA 2008, 646, note M.Bruschi.

           Then it is good to know:

           This renounciation to the acquired prescription cannot open a new delay of prescription.

           Cass. Civ. II, 16 Novembre 2006, 05-16082 ; RC et Ass. 2007, Com. n°74, note H.Groutel



           3/ The insurance of « Protection Juridique »(legal protection)

           “In Insurance of legal protection, the point of departure of the limtation period is the day
           where the insurer refused his guaranty or limite did to an amount. » ( Cass 2004)

           4/ Insurance of civil responsibility (insurance of the “responsible” person of the water
           damage)

           http://www.jeanclauderadier.com/actualites/prescription-et-assurance-de-responsabilite-152

           In the case there would have been a proceeding in front of the courts:

           The responsible litigated for more than two years, no longer cans invoke his insurer, but the victim can as far
           as the proceeding in front of the courts for the civil responsibility of the responsible of the water damage is
           not ended. It is an exceptional rule and protecting for the victim that has not got to be forgotten.
                                               e
           (Case law from Cour de Cassation 2 chambre civile, 13 sept. 2007 published in the magazine Responsabilité
           Civile et Assurance n° 12, Décembre 2007, commentaire 368)

           5/Conclusion

           As far, generaly (see some of the possible case above) , you have two years for:

           If you pass by « la réparation en nature » (meaning that the insurance make a building company coming to
           your premise and you have nothing to pay excepted the excess), sign the « constat de bonne fin de travaux »
           (account given by the insured person that the works were correctly executed) of the firm registered by the
           insurance coming to your premise.




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           If you pass by «réparation par valeur pécuniaire » (meaning that the insurance repay you directly), present
           an invoice with a notice saying that this invoice has been paid, sent to your insurer by registered letter with
           acknoweldgement of receipt) keep a copy of this invoice for you.

           Answer to questions: Can my insurer let the file flies so it can enforce this biennial prescription? Or
           why is my insurer harassing me every day to know where I am with my damage?


           The case law has recognized a faulty behaving in the means to let voluntarily the delay of prescription expire.

           Reference of the case law: Cass. Civ. I, 7 Juin 1988, RGAT 1988, p.786,note J.Bigot.

           So he can no longer be ignorant about your file, he has to know exactly where the file is in its process.

           We are going to overpass this delay of two years but the water escape is still not repaired or a new
           source of the damage appeared but did not brought new damages, is my insurer going to close the
           file?


           Source : http://www.jurisques.com/cass10.htm#presduree

           No, following the case law, if you have advertised your insurer always by registered letter with
           acknoweldgement of receipt.

           “The biennial prescription can only be suspended by the circumstances making the part which require the
           suspention in the impossibility to act.”

           Reference of the case law : Cour de cassation chambre Civile II, 12 Juillet 2007, 06-20548 ; revue
           responsabilité civile et assurance 2007, Com. n°293




           La réparation en nature (repairing by nature)
           In the French right, after a damage invoking the civil responsibility, it is possible to repair a damage by
           “réparation en nature” (making the consequences of the damage disappear without the victim touch a cent),
           or by réparation en valeur pécuniaire (financial repayment).

           Some insurances have their own registered building firm which enable them to perform a policy said
           « réparation en nature » (repairing by nature).

           The registered building firms are under contract with the insurance company. It means that they are obliged
           to respect the prices established by the insurer on a price slip. It makes them be more interesting for the
           insurer in a policy of “cost management” than every other kind of firm that you could call.

           When the insurance ask if you prefer to make the works by yourself (never make this mistake or you will be
           indemnified with an amount totally virtual not making sense with the reality) or choosing a company of their
           own, choose the second option.

           You could face the situation where the insurance have its building companies but you really want to make
           your firm intervene. In this case the insurance will ask you a quote of your firm that it will nearly
           systematically refuse under excuses that it is too much expensive (see the reason above). So you won’t have
           any other possibility but making the insurer’s building firms intervene.




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           Then you won’t have anything to pay excepted the excess that you will directly pay to the building firm
           intervening in your premise. The other costs are directly paid by the insurance to the building company.




           La réparation pécuniaire (financial repayment)
           The insurance will ask you a quote. It is to be established by a building firm and to submit to your insurer. If
           the amount is judged correct, your insurance will give you 80% of the amount and the remaining will be
           given under condition you give an invoice with a notice saying that everything has been paid.

           Generally you can choose any building firm, but first choose a painter that you will find on QUALIBAT
           (www.qualibat.com).




           2.The building firms (painter, plumber…)
           Source :

           Alexandre-Olynthe CECCHINI adjoint au chef d’entreprise de la société O.CECCHINI entreprise agréée MAIF
           qui peut aussi bien intervenir pour des assurances pour lesquelles elle n’est pas agréée.

           Activité                                                  Entreprise de peinture

           Siège social                                              38 rue du Sahel- 75012 Paris

           SIRET                                                     64202737900030

           Forme juridique                                           SARL

           Capital social                                            32.000,00 EURO

           Nationalité                                               France

           Gérant                                                    M Roland CECCHINI




           If your insurer propose its own firm (even if it let you the possibility to choose your firms) It is useless to seek
           elsewhere, whatever the quote you propose from other firm, it will be systematically too much expensive.
           You will lose a huge time and much money (if the quotes are not free). The firms chosen by the insurance are
           submitted to the French right which mean they are submitted to the guaranties described a few further in
           this file. (Garantie de parfait achèvement, garantie biennale ou de bon fonctionnement et garantie
           décennale… which are enforced when a lack on the DTU or the norms enforceable have been constated… for
           more informations should you visit www.AFNOR.fr).



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           But if no firm is proposed by the insurer, prefer firms with the QUALIBAT label www.qualibat.com or
           QUALIFELEC www.qualifelec.fr for the firm of electricity. But should you first contact these two organizations
           because some crooks love to imitate their logo and are just good to flee away with your money.

           If you wish not to employ these kind of firms (at your own risk) check on infogreffe.fr that the company is
           registered to the “registre du commerce et des societies” or “registre des métiers”. Eventually, societe.com
           will give you the financial health of the firm and will tell you if the firm is bankrupting or near this situation
           and so, risk to let you in unfinished works with some of your money kept. Do not hesitate to ask a certificate
           of insurance of civil responsibility « attestation d’assurance en responsabilité civile » and a certificate of
           «garantie décennale », check near the insurance company that the contract is existing and that it is not a
           false one.




           QUALIBAT WWW.QUALIBAT.COM
           QUALIBAT is an independent organization which values the technical competences and the seriousness of
           the companies from various building corps. Only one firm on two obtains this label. It provides to the
           private individuals and for the professionals an evidence of the know and an evidence of professional
           quality.



           Choosing a QUALIBAT firm is to be insured of :

           QUALITY

            The certificate QUALIBAT guaranties the professionalism of the directing managers, the technical
           competences of the staff and that the firm has human and technical means necessary to the fulfillment of
           works.



           SERIOUSNESS



           Once a year, the company is controlled to make sure it deserves the trust of the private individual and
           professionals. It passes on its turnovers and certifications of its administrative, fiscal and social steadiness,
           and the covering of the risks (attestation of insurances).

           OPENESS

           The QUALIBAT certification presented by a building company will enable you to judge about the technical
           competence of the firm as well as its seriousness. This document makes you avoid the traps.



           ECONOMIES



           Many insurances offer tariff advantages to private individuals which make the QUALIBAT firm intervene.




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           QUALIBAT INFORMS YOU



           QUALIBAT owns list of building companies on the web, enabling you to access complete and updated
           informations , on near 40 000 certified firms.



           QUALIBAT ADVICE YOU

           QUALIBAT has 92 departmental sections which welcome and help the private individuals and the
           professionals in their steps. The staff advices on the choice and the competences to demand and accompany
           the possible request.



           And QUALIFELEC ? It is the same thing but for electricity companies. www.qualifelec.fr

           QUALIGAZ
           We also have QUALIGAZ for GAZ building companies. www.qualigaz.com



           Arrêté du 2 mars 1990 about the quote (le devis)

           In enforcement of the “arrêté du 2 mars 1990”, a quote is established before the making of the works if the
           amount of those one are over 150€. As far, no one can start the works without this document or they risk
           not to be paid by the customer and would not have any appeal.

           Arrêté du 2 mars 1990 about the publicity of the prices of the services of repair and maintenance in the
           building sector and the sector of the house equipment.



           NOR: ECOC9000034A



           Consolidated Version from January the 1st 2002

           The state minister, the economy minister, the financial and budget minister, secretary of state near the state
           minister, , The minister of economy , of finances and budget, in charge of consumption, seen the
           “ordonnance n° 86-1243 du 1er décembre 1986” about the freedom in the price and the competition
           concurrence ;



           Seen the « décret n° 86-1309 du 29 décembre 1986 » fixing the conditions of enforcement of the
           « ordonnance n° 86-1243 du 1er décembre 1986 » about the freedom of prices and competion ;



           Seen « arrêté du 3 octobre 1983 » about the publicity of prices of every services;




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           Seen the « arrêté du 3 décembre 1987 » about the information for the consumer about the prices ;



           The national council for consumption consulted,



           Article 1

           Modified by Arrêté 1999-07-30 art. 1 and art. 2 JORF 4 août 1999



           The Arrêté (ministerial order) is enforced :



           - for the services of repair and maintenance mentioned in the attachment



           - for the operations of replacement or addition of pieces, of elements or systems consecutive to the serices
           aforementioned;

           - for operations of linking, installation, maintenance, repairing or settings on electrical systems whatever is
           the place of execution.

           When the companies intervene on the occasion of contract of maintenance or guaranty, they are not
           submitted to the dispositions of this “Arrêté” for the services covered by the all-inclusive-price payment
           made on the signature of the contract or its renewal.

           The works of linking to a public network made by a dealer of public services or under its responsibility and
           which makes the object of a special public tariff are not submitted to the dispositions of this “Arrêté”.



           NOTA: The article 1 of « arrêté du 30 juillet 1999 » replace the word " électroménager " (electrical
           appliance ) by the words " équipement de la maison " (equipment of the house) in the title of this text. *]



           Article 2

           Modifié par Arrêté 1999-07-30 art. 1 JORF 4 août 1999



           The firms are obliged to make the consumer know before any work, the following indications:



           - the price per hour of the labour all taxes included (T.T.C: Toutes taxes comprises );



           - Modalities of count of the time spent;



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           - The all taxes included price of the different all-inclusive-price services proposed ;



           - Fees of travelling expenses, if the need arises;



           - The free nature or the paying nature of the quote and , if the need arises, the cost of the establishment of a
           quote ;



           - If the need arises, any other condition of payment.



           When the company welcomes the customers in its place, these informations are objects of a visible and
           readable posting inside these place where are the customers.



           When the service is offered on the place of the intervention, the companies present before every work a
           written document containing the informations mentioned above.



           NOTA: The article 1 of « arrêté du 30 juillet 1999 » replace the word " électroménager " (electrical
           appliance ) by the words " équipement de la maison " (equipment of the house) in the title of this text. *]



           Article 3

           Modifié par Arrêté 2001-09-03 art. 3 XV JORF 11 septembre 2001 en vigueur le 1er janvier 2002



           When the estimated amount of the intervention, evry services and tax included, is above 150€, the
           Professional establishes an order of repairing noticing the initial state of the place or the system and
           specifying the motivation of the call and the repairings to make in the presence of the consumer or any
           person able to represent him.

           The professional gives a detailed quote , before every making of the works, to the demand of the consumer
           or as soon as the amount estimated (quote included) is more than 1000 French Francs every taxes included
           (150€) every quote must contain the following mentions:



           - The day of writting ;



           - Th name and the adress of the company ;




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           - The name of he custommer and the place of the making of the works ;



           - The detailed count, in quantity and price, of every service and products necessary to the previewed
           operation : designation, unit price and designation of the unity to which it is applied (notably the price per
           hour of the labour, the linear meter or the square meter) and the quantity previewed;



           - The fees of traveling, if the need arises ;

           - The global amount to pay without taxes included and the global amount to pay all taxes included,
           specifying the rate of the VAT (value added tax);

           - The duration of the validity of the quote ;



           - The information about the free nature or the paying nature of the quote.



           In every case, the quote is established in two copies and must mention the hand written indication, dated
           and signed of the consumer: “quote received before the making of the works”. The service provider keeps a
           copy in the same conditions than those previewed by ARRÊTE du 3 octobre 1983.



           These dispositions are not enforced for interventions made in absolute emergencies, as long as they are
           limited to stop an obvious danger for the safety or the integrity of the places. Nevertheless, even in this
           case, an order of repairing noticing the state of the places is established and given to the consumer before
           the intervention.



           NOTA: The article 1 of « arrêté du 30 juillet 1999 » replace the word " électroménager " (electrical
           appliance ) by the words " équipement de la maison " (equipment of the house) in the title of this text. *]




           Article 4

           Modifié par Arrêté 1999-07-30 art. 1 JORF 4 août 1999



           Every written publicity, enabling an order from a distance as defined in article 14 de l'arrêté du 3 décembre
           1987 aforementioned, excepted the directories, must contain the following mentions :




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           - The name, the corporate name, and the adress of the company;



           - It number of registration to the “registre du commerce” (RCS) or to the “répertoire des métiers” ;



           - The price per hour of the labour every taxes included practiced for each category of service concerned or
           the prices per unit, whatever are the unities ;



           - The fees of traveling, when the companies come to the consumer’s adress;



           - The paying nature or the free nature of the quote;



           - If the case arises, every other condition of payment.

           NOTA: The article 1 of « arrêté du 30 juillet 1999 » replace the word " électroménager " (electrical
           appliance ) by the words " équipement de la maison " (equipment of the house) in the title of this text. *]



           Article 5

           Modifié par Arrêté 1999-07-30 art. 1 JORF 4 août 1999



           Every service aimed in this ARRÊTE must be the topics of , as son as they were made and, whatever happens,
           before the payment of the price, the issue of a note in the conditions mentionned in the l'arrêté du 3 octobre
           1983.



           The service provider must make the consumer sign an acquittal for the pieces, elements or systems replaced
           which this last one refused the conservation.



           NOTA: The article 1 of « arrêté du 30 juillet 1999 » replace the word " électroménager " (electrical
           appliance ) by the words " équipement de la maison " (equipment of the house) in the title of this text. *]




           Article 6

           Modifié par Arrêté 1999-07-30 art. 1 JORF 4 août 1999




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           The measures of this ARRÊTE are enforced without damage of the article 4 and 7 of the law n°72-1137 du 22
           décembre 1972 on the door to door selling , modified by loi n° 89-421 du 23 juin 1989.



           NOTA: The article 1 of « arrêté du 30 juillet 1999 » replace the word " électroménager " (electrical
           appliance ) by the words " équipement de la maison " (equipment of the house) in the title of this text. *]



           Article 7 Modifié par Arrêté 1999-07-30 art. 1 JORF 4 août 1999



           The arrêté du 29 mars 1985 about the publicity of the price of some services is abrogated.



           NOTA: The article 1 of « arrêté du 30 juillet 1999 » replace the word " électroménager " (electrical
           appliance ) by the words " équipement de la maison " (equipment of the house) in the title of this text. *]



           Article 8 Modifié par Arrêté 1999-07-30 art. 1 JORF 4 août 1999



           This ARRÊTE will be enforced three month after its publication to the Journal officiel de la République
           française.



           NOTA: L'article 1 de l'arrêté du 30 juillet 1999 a remplacé le mot " électroménager " par les mots "
           équipement de la maison " *]



             *

              Annexes (attachement)

              Article Annexe

              Modifié par Arrêté 1999-07-30 art. 1 JORF 4 août 1999



              Services of maintenance, repairings made for the following works :

              Masonry;



            Chimney engineering and climatic engineering excepted operations executed on the occasion of contracts
           about the exploitation of heating-climatisation;




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              Chimney sweeping ;



              Insulation ;



              Wood work ;



              Locksmith trade ;



             Covering ;



             Plumbing;



              Sanitary installation ;



              watertightness;



              Plaster works ;



              Paint;



              glasswork, mirror trade ;



              Covering of the walls and floors whatever is the material ;



              Electrical installation .



           NOTA: The article 1 of « arrêté du 30 juillet 1999 » replace the word " électroménager " (electrical
           appliance ) by the words " équipement de la maison " (equipment of the house) in the title of this text. *]



           The state minister, the economy minister, of finance and budget,



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           PIERRE BÉRÉGOVOY.



           The state secretary near the state minister, minister of ecenomy, of finance and budget, in charge of
           consumption.



           VÉRONIQUE NEIERTZ.



           NOTA: The article 1 of « arrêté du 30 juillet 1999 » replace the word " électroménager " (electrical
           appliance ) by the words " équipement de la maison " (equipment of the house) in the title of this text. *]



           What is a normal payment of the building companies ?


           Source : 90’ enquêtes of november 2007. (brodcasted on TELE-MONTE-CARLO TMC on april the 7th 2009
           around 10.00PM )

           The normal companies excepted the companies of repairing in emergency will ask you to pay the amount all
           taxes included :

           1/3 to your order

           1/3 to the beginning of the works

           1/3 to the end of the works (called in french : « réception ») .

           Beware the companies asking you to pay everything to the order.



           How many time do we have to pay ?


           The answer to this question is one of the srangest… The official website of the french law
           WWW.LEGIFRANCE.GOUV.FR in its page « à propos du droit »(about law), paragraphe 1. What is law. ,is
           established as rule a contract. The quote that you sign with a firm is a contract, as reminds M ARMORAVIN
           lawyer for GPPF( groupement des professionnels de la peinture française). But it is possible you don’t own
           the money in sufficient quantity, especially if one want you to pay once the work is finished.

           It is there that the article 5 of the man’s and citizen right is enforced. “Everything not forbidden by the law
           cannot be stopped, and no one can be forced to do what it does not order.”

           It is not possible to oblige you to pay immediately. But the delay established by the contract or quote or
           service note is enforced if it exists. If no mention is on it the article L. 441-6 du code de commerce specifies :

           The delay accorded between the two parts to pay the amount owed cannot over go 45 days end of month or
           60 days from the day where the invoice was sent.



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           The building firm to which I paid a
           « acompte/arrhes » (deposit) is topic of a
           « procédure collective » or is closing or has
           closed .
           Introduction


           One more time we will remind that QUALIBAT gives contacts of building firm which it controls the financial
           and technical means. It limits this kind of situation.

           What we are describing is of course enforceable only for French banks. I really have no idea for the moment
           about how it can work with foreign banks. I only (even if I hate to do that) can advise you to get informed
           near your financial company, or, (most often better) near a lawyer.



            It seems weird I keep this article for translation but I have seen students from ESCP-EUROPE (a very famous
           trade school in France) in exchange session obliged/encouraged to open counts in banks of the country in
           which they stayed for some months or years. I also have known from the same school people from foreign
           countries in France (Japanese, Italian, Chinese, nationals from United Kingdom, Germans… is there any
           nation which would have not gone in ESCP-EUROPE anyway?) who had to open a count in France.



           Let’s imagine that you paid a deposit and that you have not been delivered from your works. Today you
           learn that the building firm is topic of a “une procédure collective” (“procédure de sauvegarde” ,
           “redressement judiciaire” ou “liquidation judiciaire”) the day of the payement.



           In France when a firm is in bad financial health, it is presented in front of the “tribunal de commerce” (trade
           court) which will have the role to check its real situation and propose between three solution.

           On first hand, if the firm is estimated viable, if it can pay its debts, then the tribunal will pass by “procédure
           de sauvegarde”( law n°2005-845 of 26 juillet 2005) . This process enables the firm to be reformed, to survive,
           and to avoid the process of “cessation de paiement” (process opening the “redressement judiciaire” and
           “liquidation”).

           The “cessation de paiement” is opened by the tribunal de commerce when we estimate that the firm is no
           longer able to face its “passif” (to simplify the definition we will say the debts even if it’s a bit of the whole
           definition).




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           The “procedure de redressement judiciare” is a process in which we are going to try to save the firm, its
           activity, its jobs, and to balance its “passif” (see the definition above). It means that the creditors will
           certainly have to extend their delays of payment in order to hope to touch it one day.

           The “liquidation judicaire” means the death of the firm. Its “actif” (to simplify the definition we will say what
           it owns), is generally sold to the “enchères” (bid). The founds collected by this way serve to pay the creditors
           in a special order which means that you will not forcedly be paid back.

           About you


           You whish to know if you can contest the payment or ask the execution of the service or the repayement of
           your order in the leading of the « procédure collective”.




           You paid by «chèque» from a french bank to a french building firm


           If you paid by check from a french bank to a french building firm (it is necessary to specify as some nationals
           from UK love to employ building firms from UK in France) the contest is still possible as far as this one has
           not been cashed. L’article L. 131-35 from « code monétaire et financier mentions » that it can be enforced
           the contest of check in case of « procédure de sauvegarde , de redressement or de liquidation judiciaires »
           for the beneficiary.

           The contest must be made without delay written by registered letter with acknowledgement of receipt, to
           the bank which gave you this check.

           [http://www.legifrance.gouv.fr/affichCodeArticle.do?cidTexte=LEGITEXT000006072026&idArticle=LEGIARTI0
           00006644918&dateTexte=20081105]



           But, if the check has already been cashed, you will only be able to demand the execution of the service or the
           repayment, in the leading of the “procédure collective”.

           You paid by credit card from a French bank to a French building firm


           If you paid by credit card from a French bank to a French building firm, know that the article L. 132-2 du Code
           monétaire et financier mentions that you can contest the payment in case of procédure de sauvegarde, de
           redressement ou de liquidation judiciaires of he beneficiary.

           [http://www.legifrance.gouv.fr/affichCodeArticle.do?idArticle=LEGIARTI000018625640&cidTexte=LEGITEXT0
           00006072026&dateTexte=20081105]



           In the article L. 132-6




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           [http://www.legifrance.gouv.fr/affichCodeArticle.do?cidTexte=LEGITEXT000006072026&idArticle=LEGIARTI0
           00006645638&dateTexte=20081105]

            du Code monétaire et financier, introduced by the law 15 novembre 2001, the contest of the payment must
           reach your bank in the 70 days after the payment of the operation you contest. The delay can be extended,
           without over going 120 days from the contested operation.

           Your bank could ask a « justificatif de la situation de sauvegarde, de redressement or de liquidation » of the
           firm.

           In France, such document can be found at the « greffe du tribunal de commerce » (as kit in your « tribunal
           de commerce) (or online on www.infogreffe.fr [http://www.infogreffe.fr]), with the number of RCS registre
           du commerce et des sociétés (RCS).)

           It is not certain you can be paid back if the contest of the payment by credit card concern a payment which
           occurred before the firm was in the case of “procedure collective”. The question has to be disputed in the
           French “Assemblée Nationale” (National assembly).



           It is evident that as far as the payment has not been cashed, the contest is possible. If nope, you can ask the
           execution of the service or the repayement for case of “procedure collective”.

           Lorsque la société est en procédure de sauvegarde ou de redressement, les contrats en cours se poursuivent.



           When the firm is in « procédure de sauvegarde » or « redressement » , the current contracts are still
           enforceable.

           The simple buyers will be able to get the execution of the service or the repayment, depending on the “plan”
           (decision of the “tribunal de commerce”) established.

           In case of « liquidation » , the « liquidateur » is in charge of realising the « actifs » of the professionnal in
           order to pay the debts of the firm. You ave to know that , in the case of the repayment of these debts, some
           creditors will have priority rights. It is the case of « Trésor public » (french national tax collector
           organization) or creditors holding a « privilège spécial » like as an example, the staff.

           The simple buyers called, « créanciers chirographaires » (creditor not having any kind of guaranty), will have
           their repayment only if it remains money after the repayment of the favored creditors.

           In case of “ procédure collective », whatever if it is to hope for beeing delivered or for getting the repayment
           you have to declare your debt near the “ mandataire judiciaire” who you will get the name near the “greffe
           du tribunal de commerce” or on http://www.infogreffe.fr/ or http://www.societe.com/. This declaration
           must be done in the two months of the publishment of the judgment of opening of the “procédure
           collective” to the Bulletin Officiel des Annonces Commerciales et Civiles (BODACC). http://www.bodacc.fr/

           You will find on the website of the « greffe du Tribunal de commerce de Paris » detailed infoamations on the
           declaration of debt” déclaration de créance”. A notice of explanation and a model of declaration of debts are
           proposed for free download on http://www.greffe-tc-paris.fr/preve… *http://www.greffe-tc-
           paris.fr/prevention/rlj_creance.htm]

           If you did not declare your debt on time, you will have to ask for a dispensation called « relevé de
           forclusion », by adressing to the « juge-commissaire » (which the name will be mentionned by the “greffe du



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           tribunal de commerce”) in a delay of six month from the day of the judgement of opening of the “procédure
           collective”.




           La malfaçon/ the faulty works
           Source : http://www.conseils-infos-batiment.fr/garanties/biennale.php

           Expansite s.a.r.l.

           Activity                                                Advice and informations about the building sector

           Head quarter                                            20 Route du Baousset - 06500 MENTON

           SIRET                                                   45180817400010

           Legal form                                              SARL

           Capital                                                 1.000,00 EURO

           Nationality                                             France

           Directing Manager                                       Mrs PESCE Kathy born as ZARONTONELLO



           In faulty works, a building firm owe you three guaranties because French laws oblige so:


           The « garantie de parfait achèvement » (perfect conclusion
           guaranty)
           The building firm which are not mentionned in articles R*111-27 and R*111-28 du code de la construction et
           de l'habitation must guaranty « garantie de parfait achèvement » (Article L111-19 du CODE DE LA
           CONSTRUCTION ET DE L'HABITATION). It lasts one year after the finishing of the works (when you sign the
           “procès verbal de reception” (statement of finishing) or if it does not exist when you pay your invoice… or
           when a court pronounced the finishing of the work if there had a dispute in front of the courts). Any clause
           excluding this guaranty is said not written…

           It insures the repairing of the disorders pointed out to the building firm by yourself ,and « réserves » (points
           the customer does not find conformed to what he expects) mentioned on the « procès verbal de
           réception » (document which establishes the finishing of the works, or by registered letter with
           acknowledgement of receipt » for those who would have been constated after the “réception”.


           The faulty work I.E. the realizations not conformed to DTU (document technique universel: a book of norm
           describing how the works have to be done ) or norms defined by AFNOR (http://www.afnor.org/ look in the
           thumbs on the top or on the bottom for an English translation of the site) or the works not done are topic of
           this guaranty.




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           If the works have still not been realized after a « mise en demeure » (letter requiring the works to be
           finished) remained without effect, the works concerned by this guaranty, will be made to the fees and risks
           of the faulty building company (Article 1792-6 du code civil).

           This guaranty cannot include the normal works of maintenance or of the normal use and the consequences
           of events outside one’s control. (Like a new water damage happening after the repairing of the firm during
           the period of validity of the guaranty.

           If you notice a disorder, writte a registered letter with acknowledgement of receipt to the company or make
           a “signification d’huissier” (consult with a bayliff)




           The « garantie biennale » (biennial guaranty) also called
           « garantie de bon fonctionnement » :
           It concerns the works mentionned in articles R 111-27 et R 111-28 du code de la construction et de
           l'habitation.

           Article R*111-27 du code de la construction et de l'habitation

           The menus ouvrages are [*definition*] the elements of the building other than the shell of the
           building defined at article R*111-26, manufactured, made or installed by the building firm.

           These elements takes in count notably :

           - The pipes of all kind, the radiator,

           The sheats and “revêtement” (coverings) of any kind* other than those who make the shell of
           the building;

           - The mobiles elements necessary to the closing and the covering as the doors, windows,
           shutters.

           Article R*111-28

           Are not considered as « ouvrages » (works) [*définition*] the mechanical or electrical systems that the
           building firm install in the same state than the one in which it is while being delivered to it.

           End of quote

           *The article R*111-27 deals with « revêtement » which means covering. The french legal terms use this word
           to name what can cover a surface to solidify it, to protect it, or decorating it.

           As far, the paint and wall paper are « revêtements » . The floating wood flooring « parquet flottant » is a
           « revêtement de sol », the carpet, the tiles…

           The « garantie biennale » defined by Article 1792-3 du code civil ,runs from the day of delivery of the work
           called « réception » until two years ended. It covers the customer of disorders owed to a lack of respect of
           the DTU or norms (see our part about « parfait achèvement » in the paragraph above » ) which would
           appear during this period.




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           This guaranty cannot include the normal works of maintenance or of the normal use and the consequences
           of events outside one’s control. (Like a new water damage happening after the repairing of the firm during
           the period of validity of the guaranty. Are also excluded the mechanical systems or electrical systems
           installed by the building firm in the same state than the one it was when the thing was delivered.

           If you notice a disorder, writte a registered letter with acknowledgement of receipt to the company or make
           a “signification d’huissier” (consult with a bayliff)

           En revanche, si un désordre rendait les lieux non conformes à leur destination, c’est la garantie décennale
           qui se déclenche.


           La « garantie décennale » (ten years guaranty) :
           It guaranties a work during ten years after the delivery of the works called « réception des travaux » and is
           enforceable when a faulty work threats the solidity, the waterproofness and/or that the faulty work make
           the place be not conformed to its normal use. ( Code Civil art. 1792). Such responsibility is not enforced if
           the firm can make the evidence that the disorder comes from other cause.

           From the law 78.12 du 4 janvier 1978, every building firm is obliged to have an insurance contract covering
           his responsibility in the case such guaranty would be enforced. QUALIBAT checks if the company has one,
           This is why I really insist it is important to select firms from QUALIBAT. And, because some companies
           imitates the logo of QUALIBAT, it is important to check if the company did really receive the label.




           How does it work with the insurance?
           The insured person can be indemnified by his insurer which will ask then to the building firm to repair the
           works, if the contract mention a "recours-protection juridique” (appeal legal protection).

           If not, the insurer never indemnifies the repairing of such work. It will be to the insured person to make the
           demands to the faulty building firm , helped by his insurance company if it refuses to repair.

           The insured person will have to contact a bailiff (he will pay around 250€ for the bailiff’s intervention) in
           order to make the disorders be notified, ( the “signification d’huissier de justice” is the only evidence
           supportable in front of a court, photos are not an evidences…see what you can do with a software as
           PHOTOSHOP to understand why) .

           It is only in this situation that the appeal against the faulty building firm will be enforceable. The services of
           the legal expert (bailiff, legal experts…) could be paid by the contract of insurance if this last one mentions
           something about it.

           If nope, we remind that it exists a help which is called « aide juridictionnelle » , you can always make the
           demand to a “tribunal d’instance” .

           http://www.vos-droits.justice.gouv.fr/index.php?rubrique=10062&ssrubrique=10207&article=11139




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               3.The disputes
           The disputes between a lessor and a tenant:
           See our files about the rents in our thumbs called “the lease” on our site:

           The tenant watering his premise or the inversed CIDRE:


           What we are going to describe is only enforceable between at least two insurances (the tenants one and the
           lessors one) members FFSA or GEMA or that have signed the CIDRE convention and in the conditions of
           enforcement of this CIDRE (the total amount of the repairing should not be higher than 1600€ without taxes)
           .



           Source TEXA CABINET MILLAN

           Activity                                                Expert in insurance
           Adress                                                  1 Impasse de la Cour de France - 91260 JUVISY SUR
                                                                   ORGE
           SIRET                                                   44100615200025
           Legal form                                              Société à responsabilité limitée
           Manager                                                 M Patrick MILLAN


           What we are describing is issued from Article L121-13 du code des assurances.

           Article L124-5 du code des assurances specifies :

           « The cover triggered (of the civil responsibility of the tenant) by the event causing liability shall guarantee
           the insured against the financial consequences of the damage as far as the event causing liability occurs
           between the first date where the cover takes effect and the cancellation or the expiry date, irrespective of
           the date of the other components of the loss. The cover triggered by the claim shall guarantee the insured
           against the financial consequences of a loss as far as the event causing liability occurred before the
           cancellation or the expiry date and as far as the first claim is sent to the insured or his insurer between the
           first date where the cover takes effect and the expiry date of the time limit following the cancellation or the
           expiry date stipulated by the contract, irrespective of the other components of the damage.»

           In this case, the insurer of the tenant cannot terminate the guaranty of civil responsibility under excuse the
           tenant leaves the premise (whatever if he received or gave it).

           In the case a tenant would have watered his premise, an easy procedure enables him to avoid paying excess.
           This is what we call the inversed CIDRE:

           Effectively, the tenant, by this fact, makes damage to the embellishments. If those last one were made by
           him (mostly hard to know because the insurer only mind what is said by the tenant or the lessor) the
           inversed CIDRE is not enforceable. Now, if the embellishments were not made by the tenant, we use to think
           that an estate of the lessor has been damaged. The article 1382 of code civil (definition of the civil
           responsibility) is enforced! Most of the contracts insure the civil responsibility of the tenant, notably when
           this one waters the premises of the neighborhood. The declaration of the fact he water someone else does
           not enforce any BONUS or increase in premium with the insurances from FFSA or GEMA. On the worst, if too



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           much damages are declared in a year (generally four and above) , his insurance will enforce the article
           R*113-10 of the insurance code.

           The tenant having damaged the embellishments of his owner will sign a report draw up by him and his lessor
           (constat amiable de dégât des eaux). A copy will be sent to the insurance of the lessor. If the repairing cost
           less than 1600€ HT, no excess can be taken as the CIDRE forbids it (article 4). If the repairing would cost over
           1600€ HT, an excess would have to be paid (around 125€) but it would be repaid after the appeal reached a
           conclusion.



           La commission départementale de conciliation (departmental comity of conciliation):
           It is the first step in every dispute between the tenants and the lessors.

           For the furnished premise, only the problems of decency can be presented to this commission from what we
           can read on the website of the « Préfecture de Police de Paris »(Paris Police prefecture) (see our file
           experience about the furnished premises)

           Unfurnished premises ,(ruled by law 89 462 of July the 6th 1989) because of article 20 of the same law, you
           are obliged as a first step to consult the “commission départementale de conciliation” departmental comity
           of conciliation.

     It is created in front of the State representative in each department a departmental comity of
     conciliation made with representatives of organisations of lessors and organisations of tenants
     in equal number, whose the competence is about the disputes results of enforcement of the
     disposals of article 17 of the present law and of the articles 30 and 31 of the law N° 86-1290 of
     December the 23rd 1986 aforementioned. The comity gives an advice in a delay of two months
     from the day of seisine and tries to reconcile the parts.



     In addition, its competence is extended to the examination:



     - of disputes about the characteristics of the premises mentioned to the first and second
     paragraph of article 6;

     - disputes about the inventory of fixtures, of safety deposit, of service charges and of
     repairing;

     - Of difficulties results of the enforcement of national collective agreements or premises
     mentioned to article 41 ter and 42 of the law 86-1290 of December the 23rd 1986
     aforementioned, in enforcement of the plan of rental consultation mentioned to the article 44
     bis of the same law and of the modalities of working of the building or of the group of
     buildings.

     For those rules of disputes, the tenant or the lessor can refer the mater to the departmental
     comity of conciliation. For the regulation of these difficulties, the lessor can refer the matter,
     several tenants or a representative association of tenants. In case of lack of conciliation




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     between the two parts, it gives a recommendation which can be transmitted to the judge
     whom the matter will be referred by one part or the other one.




           La commission nationale de concertation


           Extract of article 6 law 89 462 july the 6th 1989:

     When a tenant has a rental dispute with his lessor or when several tenants have a rental
     dispute with the same lessor having a common origin, they can give a written warrant
     (mandat) in order to act in justice in their oath and for their count to an association having its
     headquarter to the (Commission nationale de concertation) National comity of consulation
     and agreeded to this case, If the dispute is about the characteristics of the premise mentioned
     to the second paragraph of article 6 , this warrant can be given in addition to association for
     which one of the topic of its creation is the insertion or the lodging of disadvantaged persons
     or to an association defending the persons in situation of exclusion by the lodgement
     mentioned to article 3 of the law n° 90-449 of may the 31st 1990 aiming the implementation of
     the right to lodging, and agreed by the State representative in the department. An association
     agreeded in conditions mentioned to the present paragraph can assist or represent, under the
     condition mentioned to article 9828 of the civil code preceeding, a tenant in case of dispute
     about the respect of the characteristics of decency of his premises.

     The dispositions of the previous paragraph are enfoceable to the tenants of lacals mentionned
     to the second paragraph of article 2 when the rental dispute is about the decency of his
     premise.



           Commission nationale de concertation en matière locative
           Département "Paris (75)"
           Ministère du Logement / Bureau des rapports locatifs
           Arche sud
           92055 Paris La Défense cedex 04
           Tél : 01 40 81 95 98
           Fax : 01 40 81 10 81




           With a neighbor or the property manager (syndic/
           syndicat de copropriété):




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           We remind to every tenant that because of article 1725 of the civil code, no lessor is obliged to guaranty the
           tenants from troubles caused by third persons. The tenant will have to bring a lawsuit against them in his
           own name and count.

           http://www.huissiersdeparis.com/degat-des-eaux/fr/



           If you suffer a water damage which the water escape is still running (a painter will tell you) that nobody
           wants to seek and repair since six month or more after your visual noticing of the water damage, even with
           the warnings to your Neighbors and your property manager or failing that your lessor, which were first
           « eyes to eyes » , or by simple letter (if you don’t see anyone) (everything in the two months after your
           visual noticing of the water damage) then by registered letter with acknowledgement of receipt in the two
           months after your warnings;

           Or if we tell you the escape has been repaired, but it is still running ( a painter will tell you) and the
           interested persons no longer want to seek and repair even with new warnings like the one in the previous
           paragraph;



           Make it be noticed by a bayliff so you save your rights ;

           This notice will enable you to bring or reserve the only evidence acceptable in front of the courts in case of
           lawsuit. It will establish the reality of the situation to this moment.

           You have caused a water damage and you were condemned to repair it under condition of penalty if you are
           late in the delay given (French people call this “astreinte”) .

           Make a bayliff notice the good execution of your obligations (he must be here when the plumber is working,
           he will arshly accept that you make everything by yourself if you are not a professional) , the only good way
           to stop the calculation of the “astreinte”.




           The disputes with the insurances:
             Source:

           http://www.empruntis.com/assurances-dommage/guide/assurance-litige.php?service=3

               *If the insured person thinks he has been had by his insurance company, he may ask a contradictory
           expertise “expertise contradictoire”(that he will pay or not depending on the contract). But most of time it is
           useless: the experts rarely contradict. It can on the best reach an acceptable compromise for the two parts. If
           the dispute goes over, the insured person could call a « médiateur ».



           Le médiateur
               * Every insurance company have set up services for consumers specialy designed for the treatment of
           these disputes with their customers. First, you have to contact those services.

           If you don’t reach an agreement, you always can call for a « médiateur » (mediator) before giving a lawsuit.



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             Several mediators


           There is not only one person in charge of the treatment of every file of disputes for the overall of the French
           insurances companies. Some companies have adopted a charter of internal mediation and appoint their own
           mediator. It is the case as an example for AXA as an example while others call services of mediators of
           professional organizations.



           The insurance of FFSA (fédération française des société d'assurance) and the insurance of GEMA
           (groupement des entreprises mutuelles d'assurance) both have a mediator ready to treat the disputes
           between the insurances members of these organizations and their customers. In every case, the persons
           having this profession are external to the insurance companies, which enable them to work independently.




           How to call a mediator ?


           Two conditions before this are obligatory so your file can be treated by a mediator: You must have every way
           of internal means of appeal of the insurance company and no legalsuit is being proceeded. To call for him
           you can ask your demand to the mediator of the insurance company if it has appointed its mediator. But if it
           is not the case to be sure to be well redirected, it exists a service which centralize the demands and guide
           them to the competent mediator. It is médiation Assurance, 11 rue de la Rochefoucault BP 907 75424 Paris
           cedex 09.

           Your file must mention the name of your insurance company, the nmber of your cotract. You alos have to
           join a file showing the reason of the dispute, the day and the nature of the damage, the day of
           expertise/valutaion. Make a copy of every documents of the file: paper mails, proposition of
           indemnification…. Send a copy of the special and general condition of your contract. Send your file in
           registered letter with acknoweldgement of receipt and prevent your insurer also by registered letter with
           acknoweldgement of receipt. It is a very important because this way enforces the article L114-2 of the
           insurance code and the biennial prescription is suspended (remind that two years after the declaration of
           your damage, you have no longer the possibility to go on with a lawsuit in case of failure of the mediation).



           The importance of the mediator advice


           Once the mediator has the file, he will study it before giving an advice in the time defined by the convention
           enforceable at this time. This delay is 3 months for the mediator of the FFSA and 6 months for the mediator
           of the GEMA.

           Depending on the mediator, the importance of his advice will be different.

           The charter of FFSA as an example does not force the insurer to follow the mediators advice (so shall we say
           it is useless to call a mediator?). In this case, if the advice is favorable to you, nothing can stop the insurer to
           bring a lawsuit to this affair.



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           The members of GEMA on the contrary are linked to the advice given. If it is favorable to you, the concerned
           insurer will have to accept it.

           For other kind of insurances, the advice will depend on the charter signed by them.

           The insured person, if the advice given is not favorable to them always have the possibility to give a lawsuit
           to the affair if the prescription mentioned in the article L114-1 and L114-2 of the insurance code are not over.
           In such case, the advice of the mediator won’t be in the documents sent to the judge.

           ( source : http://ec.europa.eu/civiljustice/adr/adr_fra_fr.htm#201 )




             Usefull Adresses



             Médiation Assurance

             11 rue de la Rochefoucault

             BP 907 - 75424 Paris cedex 09




           If the mediator does not solve the dispute :
           We recommand you to contact this lawyer. He can answer your question (in French) for free if you send him
           a mail.

           Cabinet RADIER

           Registered to au barreau de Paris (http://www.avocatparis.org)

           No. de Toque                                            B0213

           Professional category                                   Inscrit

           Day of oath                                             07/01/1988

           Adress                                                  7                 AVENUE                  GOURGAUD
                                                                   75017 PARIS

           Telephon                                                01 42 67 65 00




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           Fax                                                       01 42 67 70 21

           Web site                                                  http://www.jeanclauderadier.com/

           e-mail adress                                             j-claude.radier@wanadoo.fr

           Main activity                                             Civil responsibility right

                                                                     Insurance right

           Group of unification                                      CRL JURIS (SCM)


           I estimate that the CIDRE/CIDE COP have not been enforced correctly :


           If you have seen the CIDRE and that you estimate that it has not been enforced correctly, the article 7 deals
           with the following thing :

           « Is created a monitoring committee comprised of four members designated by the FFSA and four members
           designated by the GEMA, responsible for advising on matters relating to the application and interpretation
           of the convention and RAP. This committee can also put forth proposals aiming to improve the convention.»

           For the CIDE COP the article 8 deals with the same thing :

           So you can write a report (written in French) to these committees.

           To

                    FFSA

                     A l’attention de la commission de suivi de la CIDRE ou CIDE COP

                     26 boulevard Haussmann,

                     75 009 Paris

                     tél : 01.42.47.90.00 et fax : 01.42.47.93.11.

                    Or to GEMA

                     A l’attention de la commission de suivi de la CIDRE ou CIDE COP

                     9 rue de Saint-Pétersbourg,

                     75008 Paris,

                     tel : 01 53 04 16 00, fax 01 45 22 59 17



           The insurance refuse to indemnify the embellishments of a tenant (paint, wallpaper, plastic
           flooring, carpet…) under excuse that the embellishments were not realised by himL’assurance …


           Please have a look on our part about the owner’s insurance (propriétaire non occupant or PNO)




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           The insurance reduce the amount of the quote I submited :


           So the insurance will have to send to you its valuation (french: “expertise”) or any document listing what is
           taken in charge. You will submit a copy to the firm which made the quote.

           By use and because of arrêté du 2 mars 1990, the quote is expressed in superficy in m² to work (it has to
           count the deduction such as sides, corner box, advanced building, windows in pvc, tiles…) in hours, in unitiy
           of things or in liter for some supplies.

           The quote and the valuation must mind every operation of the concerned DTU or norms. (series of the DTU
           59 for the paint)

           The article 1382 of the civil code deals with repairings… We have seen that exist the repairing in financial
           means and the repaing by nature. For the quotes, we apply the idea of a repairing by nature, I.E. we have to
           preview everywork that will enable to “make the consequences of the damage disappear”. As far, if a wall in
           paint, or in rendering was damaged, we take this wall and not the others:

           This “right” of the insurances is explained by two factors:

                   Certainly, technically, if the paint of the other walls is new, and in perfect state, or if the other wall
                   have a different finishing, the fact of repairing only one or several damaged wall(s) won’t make a
                   difference of coulour appear. The painter will take a shader of coulour and will get a colour as near
                   as possible from your.

               -   In more legal way, if the other walls are filthy, the insurance estimates that it is dued to a lack of
                   maintainance, what they don’t owe you as it is written in your contract.

           But this idea is not available for a group united by a same coating of a same room (part of a premise which
           the ceiling is delimited by walls). It is not available too because every coat of paint has a weight which is
           visible if the treatment is not united when the “cueillies”( did not find any translation in english: angle
           formed by the ceiling and the wall) is a quarter of round (I don’t speak about mouldings) and that no
           astragale (did not find a translation: thick stick making a limit between the ceiling and the wall) is present on
           the wall.

           It would be to erase a damage to create a new one which legally would enforce the 1382 of the civil code
           against the insurance.

           As an example the wall papers or the glazes (French : “glacis”).

           The wall paper :

           If a room is has several walls united by a same wallpaper, it is impossible to have a repairing only on one wall
           because :

           Of a technical reason :

           A wallpaper is removed with a « décolleuse » (a water steam machine) , or by weting. It is technically
           impossible to remove a width without wetting the neighbor width and that , this last one once dry, does not
           present a spot of humidity. The risk is still the same with an adjoining wall whatever is the angle it forms
           with the damaged wall.

           For these reason and because the room does not risk to be the same than before the damage, as order the
           principle of “reparation en valeur à neuf”, it is impossible not to repair every walls of a room in wallpaper.



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           A question of marketing :

           The collection of wallpaper change every two years. This is a will for the marketing in order to avoid the
           phase of decline of their product described in the curve of biologic analogy of a product of R.VERNON. A
           wallpaper having more than two years cannot be found one more time in the shops in 99.9% of the cases.
           And it has to be with the same number of bath without what, there would be a difference very ugly between
           the joins of old and new paper. It is the same reason with the papers to paint, the frame of those last ones
           can’t stop changing for the same reasons.

           On the other hand for the fiberglass cloth we have not got to change every walls as far as the frame of the
           fiberglass is standard . (le chevron, le zig zag, la tresse, la spécial plafond, jute standard).

           The glazis/ decorative paint/ decorative coatings

           The finishing of such products depends on the product used, but also on who is applying it. In 99% of the
           cases, in water damages, there will never be one and/or the other. It is not possible to do anything else but
           to repair the whole room.



           On the other hand, because your contract can preview an indemnification « réparation en valeur à neuf ».
           The expert who wanted to refuse the quote of the firm has to calculate his price with a data base called
           BATIPRIX (http://www.batiprix.com ) (official basis of the cost of building works) of the year where the
           damage happened and has to make the place be like it was before the damage. Every other kind of
           calculation would be judged illegal and would make topic of a lawsuit.

           The building firm is free to practice the prices it wants as it is described in the book IV of the code du
           commerce.

           Works making the place uninhabitable :


           The CIDRE mention that the insurance which takes in charge the water damage must also indemnify the
           victim for the immaterial damages (loss of enjoyment, loss of rent… up to 800€ without taxes.), so, or the
           insurance pays nights in hotel during the works, or it indemnifies the owner so he can lodge the tenants.

           But in the cases out the CIDRE this beautiful idea is given up as it is precised in article 4.4 of the CIDRE last
           paragraph. The tenants or the co-owners have to manage themselves.

           For the tenant, watever is the kind of lease, the article 1724 of the civil code is enforced :



           « Where, during the lease, the thing leased needs urgent repairs which cannot be postponed until its end,
           the lessee must bear them, whatever inconvenience they cause him and although he is deprived of a part of
           the thing leased while they are being made. But where those repairs last more than forty days, the rent shall
           be reduced in proportion to the time and to the part of the thing leased of which he has been deprived.
           Where the repairs are of such a nature that they render uninhabitable what is required for the lodging of the
           lessee and his family, he may have the lease terminated.”

           Can I be with no indemnification after a water damage ?




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           The responsible is insured and you are prejudiced :
           Si nécessaire après constat d’huissier, l’article R*124-1 du code des assurances précise que :

           « The police of insurance guarantying the risks of civil repsonsibility must mention that in
           what concern this guaranty, no deline made by a lack from the insured person to his
           oblgations commited subsequently to the damage can be enforrced to the prejudiced persons
           or to their legal claimant. They must not have any clause frobiding to the insured person to
           put his insurer into question nor to use him in guaranty for the regulation of a damage.

           Comment issued from the book « code des assurances 2009 de Bernard Beignier et Jean-Michel Do Carmo
           Silva »

           Page 565 :

           « This text set up an absolute banning to put up a decline, whatever if it is issued from the contract or not,
           to the prejudiced persons or their legal claimant (by the insurance of the responsible of the damage). The
           principle of non-invocability is avaible only for those last ones.”

           The responsible is not insured and you are prejudiced :


           If the CIDRE or other contracts do not enable other escapes, the article 1382 of the civil code is specified on
           this topic. Whatever if he takes out a loan for years, the responsible must repair what he has damaged.



           You are responsible of the water damage and you want to have your embellishments repaired :
           Source, cabinet radier :

           No. de Toque                                             B0213

           Catégorie professionnelle                                Inscrit

           Date de serment                                          07/01/1988

           Adresse                                                  7                 AVENUE                  GOURGAUD
                                                                    75017 PARIS

           Téléphone                                                01 42 67 65 00

           Télécopie                                                01 42 67 70 21

           Site Internet                                            http://www.jeanclauderadier.com/

           Adresse(s) électronique(s)                               j-claude.radier@wanadoo.fr

           Activité(s) dominante(s)                                 DROIT    DE    LA    RESPONSABILITÉ              CIVILE
                                                                    DROIT DES ASSURANCES

           Groupe(s) de rattachement                                CRL JURIS (SCM)



           http://www.jeanclauderadier.com/le-contrat-dassurance/la-garantie-degats-des-eaux




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           A lot of clauses are topic of disputes, as the one which decline the guaranty of events made by
           the negligence of the insured person to its obligations of maintenance and repairing of the
           insured object

           These clauses are generally considerated null and void because of their not categorical and
           limited form by the judges.

           The death of the person responsible of the damage
           Source Jean Claude Radier in a e-mail I wrote to him.

           In two words, a contract of insurance for the premise covers both the estates of the subscriber,
           and his civil responsibility toward his lessor owner, neighbors, or third persons.



           If the subscriber is responsible of a damage, his insurer has the obligation to indemnify the
           victim and his neighbors. The death of the subscriber after the damage does not influence the
           obligation of the insurer.




           18. Some questions you may ask to your
           broker:
           Cownership / property manager            Propriétaire non occupant          Locataire

           1) Does my insurance only insure          1) Does my insurance
           the common parts ?                           indemnify the seeking
                                                        and repairing of water
           2) If a tenant does not insure (see          escapes that I owe to the
           the comments in the part about               tenant becase of 6 de la
           the co-ownership insurance) and              loi 89 462 du 6 juillet
           that a co-owner does not insure              1989 for empy premises
           himself too (see comments in the             and because of article
           parts about the PNO), of course              1720 du code civil for
           the tenant or the co-owner                   other kind of premise ?
           would be submitted to every               2) Does my insurer pays
           repairing but would he be                    every legal experts in
           solvent? So would not it be better           case of dispute with
           to insure also the private parts?            every person implyed in
                                                        the water damage(s) ?



           Question réponse :
           Source : http://www.planet.fr/mag/les-contrats-d-assurance-habitation-et-
           automobile.18370.html




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           SENIOR PLANET

           Activité                                             Édition de journaux - 5813Z

           Siège social                                         18 Villa Saint Michel - 75018 PARIS 18

           SIRET                                                41200154700030

           Forme juridique                                      SA à directoire

           Capital social                                       263.147,00 EURO

           Nationalité                                          France

           Président du conseil de surveillance                 M. TREGUER Jean-Paul




           Syndicat de copropriété                Propriétaire non occupant                    Locataire

                                                                                       1) Does the capital
                                                                                          guaranted by the insurer
                                                                                          is the same amount than
                                                                                          the value of the
                                                                                          estates ??



                                                                                       When we subscribe to a “
                                                                                       assurance multirisque
                                                                                       habitation » (which also
                                                                                       cover the theft) , the insurer
                                                                                       ask us the amount of the
                                                                                       capital to insure.But this last
                                                                                       one is increased with the
                                                                                       time, because logically we
                                                                                       work and get richer.

                                                                                       So there is a often a
                                                                                       difference between the
                                                                                       amount declared and the real
                                                                                       value of the estates
                                                                                       (furniture, jewels…) that we
                                                                                       own nowadays.

                                                                                       The problem is that in case of
                                                                                       theft, the insurer will only
                                                                                       indemnify the capital that has




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                                                                                          been declared, and not the
                                                                                          real value of the estates. The
                                                                                          difference is not insured. It is
                                                                                          very important to update the
                                                                                          capital guaranteed.



                                                                                          2) What happens if I travel
                                                                                             a lot ?



                                                                                          Most of the contracts have a
                                                                                          clause of uninhabitaion. In
                                                                                          other words, the guaranty is
                                                                                          not enforceable if you are
                                                                                          absent over a number of
                                                                                          month (generally three) from
                                                                                          your house. If you think
                                                                                          about a long period o time
                                                                                          which you would not be at
                                                                                          home, you have to negotiate
                                                                                          with your insurer so it is
                                                                                          suppressed from your
                                                                                          contract.




           Termination :
               1) For the insured person :La loi CHATEL
           La loi Châtel is called LOI n° 2008-3 du 3 janvier 2008 pour le développement de la concurrence au service des
           consommateurs

           In what we are concerned this law has been created and has changed the insurance code, don’t be astonished
           if you canno find anything on LEGIFRANCE. But you could see those changes as an example in article L112-9 of
           the insurance code.

           The contract of insurance are automatically extended, excepted if you terminate it two months before its
                                                                                                          st
           maturity date. For nearly half of the insured persons, this date of maturity is the april the 1 .



           Since law CHATEL, the insurer must inform the insured person about their possibility of termination when it
           sends the “avis d'échéance”(notice of maturity day). If this notice is received less than 15 days before the



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           end of the maturity day, or after this day, the insured person has 20 days more to terminate his contract. If
           these steps are not respected, he can terminate his contract at any time from the maturity day.




           15. The termination of the contract by your insurance
           If your insurer thinks you declare too many damages, he can terminate your contract because he thinks that
           you are becoming a risky person. This situation is not an invention of the insurer but the fruit of our
           legislation to the article R*113-10 of the insurance code:

           «In the case a contract mention for the insurer the possibility to terminate a contract
           after a damage, the termination only can be enforceable on the expiry of one month
           after the notification to the insured person. The insurer who, passed the delay of one month
           after he had the knowledge of the damage, has accepted the payment of a premium or a
           contribution or a fraction of premium or contribution matching with a period of insurance
           having started after the damage, no longer can use this damage to terminate the contract.

           In the case mentioned in the first paragraph above, the contracts must identify as a right for
           the insured person, in a delay of one month after the notification of the termination of the
           contract, to terminate the other contracts of insurance he could have signed with the insurer.
           The termination would be enforceable one month after the notification to the insurer.

           The possibility of termination opened to the insurer and the insured person, by enforcement of
           the two previous paragraphs, mentions the return by the insurer of the parts of premium or
           contribution about the period which the risks are not guaranteed. »

           Nothing will stop you from being insured by another insurance, but perhaps this last one will take this in
           count for the calculation of the premium. And of course, if the frequency of happening of water damage is
           the same, this little game can start again. But, if we arrive to the second time your contract is terminated, in
           99% of the case we really have a problem of maintenance. Give a lawsuit so reasons have to disappear (make
           works on the façade, coverings, oblige the neighbors to make the totality of their plumbing, bathrooms,
           toilets, sinks, heatings, hot water production…). Nowaday, they have so much help, ANAH first, that we
           could not understand why and how they cannot make works of maintenance in their flat.




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