Water damage in France: declaring the claim within 5 days, letter template
How to declare a water damage claim (dégât des eaux) to your French home insurer: the 5-business-day deadline (art. L113-2 of the Insurance Code), first steps, the amicable report (constat amiable), who declares between tenant and landlord, a letter template, and registered mail with proof of receipt.
Quick answer
After a water leak, you have 5 business days to declare the damage to your home insurer (art. L113-2 of the French Insurance Code). Emergencies first: shut off the water, protect your belongings, photograph everything. Then the declaration: by phone or online to open the file, followed by a letter sent by registered mail with proof of receipt (LRAR) which fixes the date and content of your declaration and serves as evidence. If neighbours or the building are affected, fill in an amicable water damage report (constat amiable) — optional but decisive for faster compensation.
| Who it's for | Tenant or owner facing a leak, infiltration or overflow in France |
| Legal basis | Art. L113-2 of the Insurance Code — declaration within 5 business days |
| First steps | Shut off water, protect, photograph, keep damaged items |
| Amicable report | Optional, but speeds the file whenever a third party is involved |
| Compensation | After agreement or expert assessment; excess and depreciation per policy |
| How to send | Registered mail with proof of receipt — certain date of declaration |
| Common mistakes | Discarding items before assessment, phone-only declaration, ignoring neighbours/syndic |
1. First steps (before the declaration)
- Shut off the water supply (and electricity if water threatens the circuits).
- Contain the damage: cover, mop, move furniture — without endangering yourself.
- Photograph and film everything: the source of the leak, affected rooms, damaged belongings.
- Keep damaged items until the expert's visit, along with invoices and receipts.
- Notify neighbours and the syndic if the leak comes from elsewhere or spreads — the origin determines which insurer manages the file.
2. The 5-business-day deadline
Article L113-2 of the Insurance Code requires you to declare the claim within the period set by your policy, which cannot be shorter than 5 business days from the moment you become aware of it.
Good news if you're late: forfeiture of cover can only be invoked if the policy provides for it and the insurer proves the delay caused it prejudice. Never give up on declaring — just do it as soon as possible.
3. What the declaration must contain
Your letter should include:
- Your details and the policy number
- The date of discovery and the cause (leak, burst pipe, infiltration, overflow)
- A description of the damage: rooms, surfaces, affected items, a first estimate if possible
- Third parties involved (neighbours, building) and their insurers if known
- Enclosures: photos, invoices, repair quotes, the amicable report if applicable
4. Declaration letter template
Subject: Water damage claim — policy no. [X]
Dear Sir or Madam,
I hereby declare water damage that occurred on [date] in my home at [address], covered by policy no. [X].
The damage originates from [cause: burst pipe, overflow, infiltration…] and has affected [rooms and items damaged].
Please find enclosed [photos, invoices, quotes, amicable report] in support of this declaration.
Kindly inform me of the next steps and, where applicable, the date of your expert's visit.
Yours faithfully,
[Date — Signature]
5. Amicable report and apartment buildings
Whenever a neighbour, the syndic or a third-party unit is involved, complete an amicable water damage report with each party: it identifies the origin, the damage and everyone's insurers. Between insurers, professional agreements (IRSI) then designate a single managing insurer for ordinary claims in buildings — you don't have to arbitrate yourself, but a well-completed report avoids weeks of back-and-forth.
6. Why registered mail with proof of receipt matters
- It gives your declaration a certain date — the only one that counts against the 5-day deadline.
- It freezes what you declared: content, damage, enclosures.
- If cover is refused or the insurer goes silent, the proof of receipt is the starting point of any recourse.
Abroad or far from a post office? MaisonMail can print and dispatch your declaration through an available registered service. Origin market, delivery times, tracking and the proof-of-receipt slip are confirmed before payment.
7. After the declaration
- The insurer accepts on the file or appoints an expert; discard nothing before the visit.
- Compensation reflects the excess (franchise) and depreciation (vétusté) in your policy.
- If the offer is late or too low, dispute it in writing then send a formal notice by registered mail.
- As a last resort, refer the case free of charge to the Médiateur de l'assurance, then to court.
8. Common mistakes
- Cleaning up and discarding everything before photos and assessment — you destroy the evidence.
- Relying on a phone call: without a written record, neither the date nor the content of your declaration can be proven.
- Ignoring neighbours or the syndic when the leak comes from elsewhere: the file stalls.
- Understating the damage in the first declaration, then struggling to add items.
- Waiting instead of chasing: a silent file is challenged with a formal notice, not with patience.
In short: shut off the water, photograph, keep the damaged items, then declare within 5 business days — a call or online form to open the file, and a letter by registered mail (LRAR) to date and freeze your declaration. The amicable report accelerates everything once a third party is affected, and the proof of receipt remains your best weapon if the insurer stalls or refuses.
Official sources
References used and links to the rules currently in force.
- Assurance dégâts des eaux (F1352)Service-Public.fr
- Modèle de déclaration de sinistre à son assureur (R33756)Service-Public.fr
Information current as of the last verification date. This guide is informational and is not legal advice — for a complex situation, consult a qualified professional.
Frequently asked questions
I missed the 5-business-day deadline — am I still covered?
Usually yes. The insurer can only refuse cover for a late declaration if the contract provides for that forfeiture and the insurer proves the delay caused it actual prejudice (art. L113-2). Declare without further delay and explain the reason.
Tenant or landlord: who declares the water damage?
Each declares to their own insurer: the tenant under their home policy (risques locatifs), the landlord under theirs (or the building's policy if common areas are affected). If a neighbour is involved, each party declares separately and the amicable report coordinates the file.
Is the amicable water damage report (constat amiable) mandatory?
No, it is optional — but strongly recommended whenever a neighbour, the building manager (syndic) or any third party is involved: it fixes the facts, identifies each party's insurer and significantly speeds up settlement.
My insurer is silent or refuses to pay — what can I do?
Send a formal notice (mise en demeure) by registered mail with proof of receipt, restating the declaration and the policy cover. Without a satisfactory reply within two months, refer the case free of charge to the Médiateur de l'assurance, then to court if needed.
Related guides
- Burglary insurance claim in France: police report and 2-day noticeAfter a burglary, secure the property without destroying evidence, report it to police and notify the insurer within the policy deadline, commonly 2 business days under article L113-2 for theft claims. Photograph damage, keep invoices and do not repair or discard items before the insurer can assess them.
- Car accident insurance claim in France: report, evidence and offerComplete the amicable accident report, photograph the scene and exchange details, then notify your insurer within the policy deadline. Do not sign an inaccurate statement. For bodily injury, the insurer must make an offer within the statutory timetable, commonly three months for a reasoned offer in the relevant cases; challenge an inadequate offer in writing.
- Closing a French bank account: closure letter, bank mobility and timelinesHow to close a bank account in France: free closure under article L312-1-7 of the Monetary and Financial Code, the bank mobility service, preparing the account, a closure letter template, and sending it by registered mail with proof of receipt (LRAR).
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