Home insurance: what is the civil liability guarantee?

Verified 29 April 2024 - Directorate for Legal and Administrative Information (Prime Minister)

Third-party compensation for damage may be paid by the home civil liability insurance. For example, if you are a victim of a fire and the fire spread to a nearby dwelling. The situation varies depending on whether you are a tenant or an owner. We present the applicable rules.

You're a tenant

The home civil liability guarantee has 2 separate guarantees: the private civil liability guarantee and the occupant civil liability guarantee.

The liability guarantee private life is used to repair the damage that you or the persons or things that are under your responsibility (spouse, child, animal) can cause to third parties.

For example, you cut down a tree and it falls on the neighbor's garden shed, your child breaks another child's glasses while they play together, your dog bites someone in the street.

The occupant liability guarantee is used to compensate the landlord for any damage that you or persons under your responsibility (spouse, child, animal) may cause to the dwelling.

For example, in case of fire or water damage that damages the housing.

The home civil liability guarantee is mandatory. The owner will require you to show proof that you have purchased the warranty before handing over the keys.

You will have to send the owner proof of the renewal of the contract each year throughout the rental period.

Some damages are not covered by the home civil liability guarantee.

The contract must specify the cases in which the guarantee does not work.

In such cases, you must personally compensate the victim.

These are mainly the following damage:

  • It's a shame you're causing yourself or your loved ones
  • Damage you intentionally cause
  • Damage caused by your dog, if it is a dog that can be considered a dangerous dog
  • Damage covered by another guarantee (car insurance, professional insurance, etc.)

You own it

The home civil liability guarantee has 2 separate guarantees: the private civil liability guarantee and the occupant civil liability guarantee.

The liability guarantee private life is used to repair the damage that you or the people or things that are under your responsibility (spouse, child, animal) can cause to third parties, in the context of your privacy.

For example, you cut down a tree and it falls on the neighbor's garden shed, your child breaks another child's glasses while they play together, your dog bites someone in the street.

The guarantee of civil liability of the landlord is used to repair damage that your home may cause to third parties.

For example, water damage occurs in your home and floods the common areas of the building, your wall falls into the neighbor's property and does damage.

The situation varies depending on whether the housing is condominium or not.

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The housing is in condominium

The third-party home liability guarantee is mandatory if you own a condominium unit, whether you are an occupant or a landlord.

The accommodation is not in condominium (detached house)

A home liability guarantee is not required if you own a home that is not a condominium.

If you do not take out home liability insurance, you will have to personally compensate third parties for the damage you may cause them in the context of your private life or following a home disaster.

Some damages are not covered by the home civil liability guarantee.

The contract must specify the cases in which the guarantee does not work.

In such cases, you must personally compensate the victim.

These are mainly the following damage:

  • It's a shame you're causing yourself or your loved ones
  • Damage you intentionally cause
  • Damage caused by your dog, if it is a dog that can be considered a dangerous dog
  • Damage covered by another guarantee (car insurance, professional insurance, etc.)

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