In the case of renting, the technical diagnostic file is attached to the contract at the time of its signing or renewal. It includes diagnostics for LEAD, ELECTRICITY, ERP, GAS, and DPE (Energy Performance Diagnosis) (articles 2 and 3-3 of Law 89-462 of July 6, 1989).
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Rental: mandatory real estate diagnostics, duration, and validity
This obligation concerns :
- rentals for main or mixed residential use,
- seasonal rental contracts,
- company housing.
The technical diagnostic file includes :
- a statement indicating the presence or absence of materials or products containing asbestos,
- a statement of the internal electricity and gas installation,
- a diagnosis of risks and pollution when the property is located in one of the zones defined in article L125-5 of the French Environment Code,
- when the leased property is located in a noise zone defined by an airfield noise exposure plan (article L. 112-6 of the French urban planning code), a document locating this zone and providing the information specified in article L. 112-11 of the French urban planning code,
- lead exposure risk report,
- an energy performance diagnosis.
Asbestos diagnosis
The procedure for producing a copy of the asbestos report has yet to be defined by decree. However, it seems prudent to give it to the tenant.
Condition of internal electrical installation
It allows for the assessment of risks that could harm the safety of tenants (article 3-3 4° of the Law of July 6, 1989).
Buildings concerned: residential buildings or part(s) of a building used for residential purposes whose installation has been completed for more than 15 years. Validity period of the document: 6 years.
Condition of the internal gas installation
This enables you to assess the risks that could affect the safety of your tenants (article 3-3 4° of the July 6, 1989, law).
Buildings concerned: residential buildings or part(s) of buildings used for residential purposes where the installation was installed more than 15 years ago, or where the last certificate of conformity was issued more than 15 years ago.
Document validity period: 6 years (article 3 decree n° 2016-1104 du 11 August 2016).
Risks and pollution (ERP)
The ERP must be attached to the rental contract for properties located in high-risk areas. These may include :
- of technological risks (art. R 515-45 and R 515-46 C. environment),
- foreseeable natural hazards (art. L 562-1, II-1° and 2°, L 562-2 and R 562-9 C.),
- minor risks (art. L 562-2 and R 562-9 C.),
- a seismic zone (art. R 563-4, I and D 563-8-1 C.),
- an area with significant radon potential (art. L 1333-22 and R 1333-29 C. of public health).
- an area exposed to coastline recession, as defined in a local urban planning scheme (art. L 121-22-1 and seq. C. of urbanism).
Failing this, the lessee may apply for judicial termination of the lease or a reduction in the rent.
- Buildings concerned: all types of buildings targeted by a prefectural decree specifying the concerned municipalities and the list of foreseeable risks.
Validity period of the document: less than 6 months before the date of the conclusion of the rental contract. The potential tenant must have a copy from their first visit (article R125-25 of the Environmental Code).
Airborne noise pollution
As specified in Article L112-11 of the Urban Planning Code, it must be established when the property is located in one of the noise zones defined by an airport noise exposure plan provided for in Article L. 112-6 of the Urban Planning Code. It must include a precise indication of this zone, the address of the online information service where the noise exposure plan can be consulted, as well as the mention of the possibility to consult the noise exposure plan at the town hall of the municipality where the building is located.
Buildings concerned: buildings or parts of buildings for residential use or for professional and residential use, and undeveloped buildable lands.
The Lead exposure risk assessment (CREP)
Provided for in Articles L 1334-5 and L 1334-7 of the Public Health Code, the Lead Exposure Risk Assessment (CREP) "identifies coatings containing lead and, if applicable, provides a brief survey of factors contributing to the deterioration of the building." It must be accompanied by an information notice summarizing the effects of lead on health and the precautions to take in the presence of lead-containing coatings.
Buildings concerned : residential buildings or part(s) of a building used for residential purposes constructed before January 1, 1949.
Validity period of the document: if the presence of lead exceeds certain thresholds: 6 years. Otherwise, unlimited.
The Energy Performance Diagnosis (DPE)
In accordance with Articles L 126-28, L 126-29, and D 126-19 of the CCH (Housing Code), the landlord must attach the DPE to the rental contract and make it available to any candidate, except for seasonal rentals. It must contain all the information provided for in Article L126-26 of the CCH, for example, the property's classification in terms of its energy performance. This information is enforceable against the landlord, while the recommendations are purely informative (e.g., installation of double glazing).
Buildings concerned: all built structures.
Validity period of the document: 10 years (for those conducted since July 1, 2021). It must be redone, especially in case of substantial work.