France court rules owner must prevent cracks to claim damages

France's highest court has ruled that a homeowner is not entitled to natural disaster compensation for cracks in his property because he failed to take “usual measures” to prevent damage.

Following the Cour de cassation’s ruling, the homeowner must repay €40,000 awarded to him by a lower court on appeal, after his insurer had declined to settle a claim submitted in connection with a 2016 drought.

The homeowner took out comprehensive home insurance in 2015 for the property in Gard, which included natural disaster cover.

This cover comes into play once the government decrees that a commune was subject to a catastrophe naturelle, as happened in this case in 2016.

Climate change puts system under strain

The system is coming under increasing strain as climate change results in more extreme weather.

Prolonged dry spells and heavy rainfall can be damaging on clay soils, which shrink during drought and extreme heat, and expand when rain returns. The resulting ground movement can cause cracks to develop in the walls and floors of properties.

Natural disaster claims have often been approved to cover repairs to properties damaged in this way.

Houses built of concrete blocks since the 1970s are particularly at risk, as standards at the time allowed for smaller and shallower foundations than those now required to protect houses from clay subsidence. Stricter standards were put in place in 2024.

Why did the court reject the claim?

In the case of the Gard property, the insurer argued that the cracks might have existed before the 2016 drought.

The court rejected that, ruling that the insurer should have assessed the condition of the property when it first provided cover.

However, judges cited a 2007 amendment to the Code des assurances, which states that natural disaster payments should not be made if the “usual measures to prevent damage were not taken”.

The court also found that the age of the property, which was not disclosed in the judgment, and the nature of its foundations meant it could not be conclusively established that the cracks were caused by natural factors, rather than the building’s construction.

Questions over 'usual measures'

The judgment was issued in February, but only came to wider attention later.

Some building surveyors questioned the court’s reasoning, noting that research into the most effective methods of preventing homes from cracking is continuing, including a project launched in 2024 by insurance industry body France Assureurs.

Among the approaches being tested are systems that inject water into the ground around properties during periods of hot dry weather.

Philippe Isselin, of TerraStab, which offers this service, said: “The problem is that no one can say what these ‘usual measures’ are, so in one way we are being asked to respect a rule that no one knew existed.

“There is no national reference we can turn to, but the court effectively says that advances in geo-risk knowledge, with geo-risk assessments now part of a house sale, for example, mean owners should take some action.”

Steps homeowners can take

For houses in high-risk areas, preventative measures could include making sure that gutters and other rainwater systems are well maintained.

Other steps might include managing vegetation around the property by pruning large trees, avoiding deep-rooted plants close to foundations, maintaining the surrounding ground by filling depressions, and, where necessary, installing root barriers around the foundations.