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APROBAT Decennial civil liability IPID EN

Résumé

Insurance product information document (IPID) for APROBAT decennial civil liability, published under the header “LALUX Assurances - Product : APROBAT decennial CL”. Division A insures the decennial civil liability owed by the persons involved in the design and construction of the insured structure to the owner or purchaser under articles 1792 and 2270 of the Civil Code; Division B insures their liability to the owner, purchaser or third parties under articles 1382, 1383, 1384 and 1386 of the Luxembourg Civil Code for bodily injury, material and immaterial damage that results from an accident covered by Division A. Damage to major structures is covered for 10 years and minor structures (radiators, doors, windows, etc.) for 2 years. The cover is conditional on the works being overseen by an approved inspection body.

Définitions

Terme Définition Page
Insured persons (Division A) The persons designated under the special conditions who are involved in the design and construction of the insured structure, as well as the seller of the buildings p. 1
Article 1792 (as quoted in the document) If the building becomes damaged in whole or in part by the defect of the construction, the architects, contractors and other persons bound to the owner by a service contract shall be liable for it for 10 years p. 1

Garanties

APROBAT technical inspection of the construction - p. 1

APROBAT checks whether the construction complies with the rules of good workmanship, which prevents construction defects. For constructions with a value of less than EUR 1.5 million, APROBAT carries out all the mandatory site inspections. - Portée : Specified risk situation(s) in the Special Conditions. - Condition : For constructions with a value of less than EUR 1.5 million, APROBAT carries out all the mandatory site inspections.

Division A - Decennial civil liability insurance for the owner or purchaser - p. 1

The policy guarantees the insured persons the financial compensation to which they may be liable to the owner or purchaser of the structure pursuant to articles 1792 and 2270 of the Civil Code. Article 1792 : If the building becomes damaged in whole or in part by the defect of the construction, the architects, contractors and other persons bound to the owner by a service contract shall be liable for it for 10 years. Damage to major structures is covered for 10 years, while minor structures (radiators, doors, windows, etc.) are covered for 2 years. The insurance covers damage such as moisture on basement walls or plaster cracks. - Optionnelle : non · Portée : The guarantee applies only to the insured structure and to everything structural, i.e. all construction elements resting on the same foundations as the structure itself. Specified risk situation(s) in the Special Conditions. - Condition : The guarantees of this contract are subject to the overseeing of the work carried out by the approved body whose policyholder and insured parties undertake to comply with the conditions. - Condition : leaks and their consequences are only dealt with after a waiting period of 2 years

External retaining walls and external pipelines (by special agreement) - p. 1

By special agreement, the guarantee can apply to the external retaining walls separated from the structure, as well as external pipelines up to the property limit. Restated under the restrictions box as: “Division A: exterior retaining walls separated from the insured structure and exterior piping up to the property limit may be insured by special agreement”. - Optionnelle : oui · Portée : up to the property limit - Condition : By special agreement

Division B - Decennial civil liability insurance for the owner or purchaser of the structure and third parties - p. 1

The policy covers the insured persons for financial compensation to which they may be liable under Articles 1382, 1383, 1384 and 1386 of the Luxembourg Civil Code for bodily injury, material and immaterial damage caused to the owner or purchaser of the structure or to third parties and when such damage is the result of an accident covered by Division A. - Optionnelle : non · Portée : Specified risk situation(s) in the Special Conditions. · Limite : Intervention limit - after each claim, the amount of coverage is reduced by the amount of disbursements paid by the insurer - Sous-limite : Unless otherwise expressly agreed, compensation for non-material damage resulting from the incident, such as unused property, loss of use, permanent overheads, loss of profits, depreciation of works of art, insufficient yield and loss of clientele, is limited to 25% of the amount insured by this division for material damage. - Condition : when such damage is the result of an accident covered by Division A - Condition : The guarantees of this contract are subject to the overseeing of the work carried out by the approved body whose policyholder and insured parties undertake to comply with the conditions.

Exclusions

Exclusion Description S'applique à Page
Outdoor car parks, surroundings, roads and outdoor facilities Restrictions under Division A: Outdoor car parks on the grounds, the surroundings, roads and outdoor facilities are not insured. Division A - Decennial civil liability insurance for the owner or purchaser p. 1
Personal injury caused by toxic mould Restrictions under Division B: Personal injury caused by toxic mould Division B - Decennial civil liability insurance for the owner or purchaser of the structure and third parties p. 1
Toxic products forbidden by the competent authorities General restrictions (Divisions A and B): Damage caused by the use of toxic products forbidden by the competent authorities all p. 1
Requisition General restrictions (Divisions A and B): Damage resulting directly or indirectly from all forms of requisition all p. 1
Intentional act, fraud or deceit of the policyholder General restrictions (Divisions A and B): Damage resulting directly or indirectly from an intentional act, fraud or deceit of the policyholder all p. 1
Cracks that do not jeopardize stability General restrictions (Divisions A and B): Cracks that do not jeopardize the stability of the elements they affect and their consequences all p. 1
Lack of maintenance General restrictions (Divisions A and B): Damage resulting directly or indirectly from a lack of maintenance all p. 1

Délais d'attente

  • Division A - Decennial civil liability insurance for the owner or purchaser : Division A: leaks and their consequences are only dealt with after a waiting period of 2 years (2 years) p. 1

Obligations de l'assuré

  • The guarantees of this contract are subject to the overseeing of the work carried out by the approved body whose policyholder and insured parties undertake to comply with the conditions. The technical inspection will comply with the provisions of the “Technical inspection” section of the General Conditions. (throughout the works) p. 2
  • The insured persons undertake to take, at their own expense, any measures likely to remedy the situation reported by the inspection body in the cases referred to in the “Technical inspection” paragraph of the General Conditions. p. 2
  • The insured persons undertake to allow the Insurer’s agents to have access at any time to the insured structure or works. (at any time) p. 2
  • The insured persons undertake to receive all communications and correspondence from the Insurer. p. 2
  • The policyholder undertakes to provide the Insurer with a copy of the technical inspection agreement, the risk definition report and the final report to be drawn up by the inspection body. p. 2
  • The policyholder undertakes to inform the Insurer in advance of the date on which the structure will be occupied, put into service or accepted. (in advance) p. 2
  • The policyholder undertakes to communicate to the inspection body the value to be declared as soon as possible and at the latest two months after acceptance. (as soon as possible and at the latest two months after acceptance) p. 2
  • The policyholder undertakes to make this contract known to all insured persons. p. 2
  • The policyholder undertakes to submit to the Insurer the risk definition report, the work completion report issued by the inspection body and the final invoice for the work. On the basis of these documents, the Insurer shall draw up an addendum outlining the effect of the guarantees. The addendum must be returned duly signed within the 15-day period. (the addendum must be returned duly signed within the 15-day period · The benefits defined in this contract shall only take effect under the following cumulative conditions : Submission to the Insurer of the work completion report issued by the inspection body and the final invoice for the work; Return of the addendum duly signed by the policyholder) p. 2

Durée & résiliation

  • Durée : The benefits defined in this contract shall only take effect under the following cumulative conditions : Submission to the Insurer of the work completion report issued by the inspection body and the final invoice for the work; Return of the addendum duly signed by the policyholder. Damage to major structures is covered for 10 years, while minor structures (radiators, doors, windows, etc.) are covered for 2 years.
  • Droit spécial : The section “How do I cancel the contract ?” prints, verbatim and in place of any cancellation terms: “Decide what to write, as the cancellation terms are different (single premium, etc.).” and “E.g. Cancellation is possible within 30 days of receipt of the contract documents”. See gaps: this is an unfinished editorial placeholder, not a statement of the policyholder’s rights.

Prime

  • The amount indicated for the premium is payable after receipt of the notice of due date or, if necessary, after receipt of the statement at the end of the work.
  • The premium cannot be paid monthly.

Conditions particulières

  • This document is not tailored to your specific needs and the information and obligations set out herein are not exhaustive. For full information on the rights and obligations of the insurance company and policyholders, please consult the general and/or special conditions relating to the insurance product chosen. p. 1
  • The mention “Non-exhaustive list” is printed at the foot of the “What is not insured ?” box and at the foot of the “Are there any restrictions on cover ?” box. p. 1
  • Division A: leaks and their consequences are only dealt with after a waiting period of 2 years p. 1
  • Division A: exterior retaining walls separated from the insured structure and exterior piping up to the property limit may be insured by special agreement p. 1
  • Division B: Unless otherwise expressly agreed, compensation for non-material damage resulting from the incident, such as unused property, loss of use, permanent overheads, loss of profits, depreciation of works of art, insufficient yield and loss of clientele, is limited to 25% of the amount insured by this division for material damage. p. 1
  • Division B: Intervention limit - after each claim, the amount of coverage is reduced by the amount of disbursements paid by the insurer p. 1
  • Specified risk situation(s) in the Special Conditions. p. 2

Lacunes d'extraction

  • UNFINISHED EDITORIAL PLACEHOLDER, PRINTED ON THE PAGE. The section “How do I cancel the contract ?” (page 2) contains no cancellation terms. It prints two lines of instructions to whoever was drafting the document: “- Decide what to write, as the cancellation terms are different (single premium, etc.).” and “- E.g. Cancellation is possible within 30 days of receipt of the contract documents”. This was verified against a 2.4x render of page 2: both lines are genuinely printed inside the grey box under the section heading, in the same body font as the rest of the document, and are not a text-layer artefact. The “30 days” figure is introduced by “E.g.” and must NOT be read as this product’s cancellation period. duration_and_cancellation.notice_period and methods are therefore left null.
  • NO LEGAL ENTITY NAMED: the document identifies the insurer only as the brand “LALUX Assurances” in the header band (“LALUX Assurances - Product : APROBAT decennial CL”) and as “the Insurer” in the body. No company name, no legal form, no RCS number and no address appear anywhere on either page. insurer_name carries the task metadata value “lalux” and is not a reading of the document.
  • NO EDITION DATE: neither page prints an edition date, a version number, an internal reference or a dated footer; a 2.4x render of both full pages confirms it. edition_date and reference remain null.
  • TITLE vs CONTENT: the printed title is “APROBAT - Decennial civil liability” and the product line reads “APROBAT decennial CL” - the biennial limb does not appear in the title. The body nevertheless states “Damage to major structures is covered for 10 years, while minor structures (radiators, doors, windows, etc.) are covered for 2 years” and cites “articles 1792 and 2270 of the Civil Code”. Article 1792 is quoted in full; article 2270, which carries the two-year limb, is cited but its text is NOT reproduced.
  • “WHAT IS INSURED ?” OPENS ON A SERVICE, NOT A GUARANTEE: the first paragraph of that box describes the APROBAT inspection service (“APROBAT checks whether the construction complies with the rules of good workmanship... For constructions with a value of less than EUR 1.5 million, APROBAT carries out all the mandatory site inspections.”). It has been recorded as a coverage entry because that is where the document prints it, but it describes an inspection service and the document does not say it is an insured guarantee.
  • ONLY ONE MONETARY FIGURE: “EUR 1.5 million” (page 1), and it is a threshold for the scope of the APROBAT site inspections, not a sum insured or a limit of indemnity. No sum insured, no limit of indemnity, no deductible and no premium amount is printed; deductibles remains null. The only other quantified values are percentages and periods: 25 %, 10 years, 2 years, 15-day period, two months, 30 days (in the placeholder line only).
  • SUMS INSURED AND RISK LOCATION LEFT TO THE SPECIAL CONDITIONS: “Where am I covered ?” answers only “Specified risk situation(s) in the Special Conditions.”, and the insured persons, the sums insured and the deductibles are all referred to the special conditions, which do not accompany this document.
  • GENERAL CONDITIONS REFERENCED BUT NOT IDENTIFIED: the document refers three times to the “General Conditions” (the “Technical inspection” section and paragraph, and the disclaimer) without giving a reference, an edition date or a location. No English-language general conditions accompany this IPID.
  • THE “ARE THERE ANY RESTRICTIONS ON COVER ?” BOX holds four items that are not exclusions: a waiting period, an optional extension, a sub-limit and a reduction of the sum insured. They have been placed in waiting_periods, coverages (is_optional true), sub_limits and limits respectively, and the box is also preserved verbatim in special_conditions so that the document’s own structure survives. They were deliberately NOT added to exclusions.
  • SOURCE VERIFICATION: the text layer of both pages was re-extracted with page.get_text("text") (PyMuPDF) and is BYTE-IDENTICAL to the prompt text on both pages; the sha256 of the local file matches the manifest (30ec716578fbed8aa782181c340df30520b24b2f1f00edeb8d56b3e203e3aa82). Both pages were rendered at 2.4x and the printed text matches the text layer in full: no vectorised text, no U+0007 characters, no Private-Use-Area glyphs, no soft hyphens, no zero-width spaces, no combining accents, and no hyphenated line breaks. The 12 images on page 1 and the 1 on page 2 are small bullet pictograms (ticks, crosses, exclamation marks), not text. Character traps present and handled by programmatic span slicing: 2 x U+201C, 2 x U+201D, 1 x U+2019, and justified text where single words sit on their own line (e.g. “Division \nB: \nUnless \notherwise \nexpressly \nagreed,”).

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