If you are considering buying a new property or building a brand new house in Senegal, you should know that you will benefit from many significant advantages. One of the most notable is access to a wide range of warranties. Among these warranties, the ten-year structural warranty is often highlighted. Highly valued in the new construction sector, this insurance is inextricably linked to off-plan sales (VEFA) in Senegal . In this comprehensive text, we will explore the ten-year structural warranty in depth, the different types of damage it covers, and how to activate this warranty for your property in Senegal.
What is the ten-year warranty?
The ten-year structural warranty is an insurance policy that every builder is legally obligated to provide to their client. It's important to note that this builder could be a real estate development company in Senegal , an experienced architect, or a renowned engineering firm. Regardless of the builder's status, they must guarantee comprehensive coverage against all risks and damages that could affect the fundamental structure and structural work of a new building.
Given its crucial importance, the ten-year structural warranty must be taken out before construction work even begins. This is a legal requirement codified in the Senegalese Construction Code . In the context of a VEFA (sale in future state of completion) in Senegal, the property developer is considered the guarantor of the ten-year structural warranty. They are therefore obligated to provide their client with a validated ten-year structural warranty certificate
For their part, the project owner , that is, the party commissioning the construction work, must obtain this insurance policy before signing the sales contract. This insurance policy generally contains detailed information on the nature of the insurance, the insurer's contact details, and the various guarantees granted to the insured. By offering robust protection, the ten-year warranty is a real asset for those wishing to buy a new home in Senegal or who plan to invest in off-plan properties.
A closer look at the damages covered by the ten-year warranty in Senegal
When purchasing a new property or a property under construction (VEFA) in Senegal , the ten-year structural warranty covers a range of risks that could compromise the building's structural integrity or hinder its normal use by the buyer. These risks include:
- Major damage and defects such as significant cracks, waterproofing defects, risk of collapse, sagging of a load-bearing element essential to the solidity of the property, roofing problems, among others.
- Malfunctions in certain integral components of the property can affect the building's integrity. This can include faulty built-in heating, poorly installed tiling, a corroded plumbing system, and inadequate insulation, among other things.
How to activate the ten-year warranty?
If, after purchasing a new property or having a new home built in Senegal , you discover significant damage or defects, you can activate the ten-year warranty to obtain compensation. The procedure is simple: just inform the property development company or the builder by sending a registered letter with acknowledgment of receipt or through a bailiff's notice.
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In a co-ownership , when damage concerns the common areas, it is the trustee who must initiate the procedure with the property developer, after holding a General Meeting dedicated to the subject.
Furthermore, if the builder does not respond after several reminders, you have the option of initiating legal proceedings against them to obtain compensation.
Validity period of ten-year structural warranty insurance in Senegal
As its name suggests, the ten-year warranty is valid for 10 years . It is essential to understand that it takes effect from the date of acceptance of the work, not from the date of delivery. Acceptance of the work is a process that takes place between the various professionals involved in the construction project (the construction company, for example) and the developer.
The handover of the works, marked by the transfer of keys to the new owner, takes place between the property developer and the owner. It is therefore crucial not to confuse the date of acceptance of the works with the date of handover. The ten-year structural warranty only comes into effect from the date of acceptance of the works, and not when you receive the keys to your new home.
In the context of a VEFA (sale in future state of completion) in Senegal , the ten-year structural warranty is effective from the date indicated as the date of acceptance of the works. It is therefore crucial for future owners to ensure that this date is clearly stated in their sales contract .