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Property surveys

08.02.2017

The various technical property surveys, which are compulsory when selling property, are all included in a single document called the DDT (dossier de diagnostic technique - Technical Diagnosis File).

  • Property surveys in a single file

    • This file must be attached to all promises to sell and all sales of residential properties. Owners must provide tenants of residential premises or mixed residential/professional premises with the file.

    • It must be drawn up by a professional whose expertise is certified by an accredited organisation and who has taken out liability insurance (AFAQ-AFNOR, Veritas type certification, etc.).

    • In order to protect the consumer, the DDT includes observations on the presence of materials or products containing asbestos, the risk of exposure to lead, the presence of termites, natural and technological risks, energy performancegas installations, check of electrical installations and of individual sewerage (including septic tanks) if the accommodation is not connected to the mains sewers.

  • You're the seller

    • The seller is liable for the cost of drawing up the technical diagnosis file.

    • If you put a property for sale, you should contact several professionals in order to compare their rates while ensuring they fulfil the conditions of certification, insurance and independence required by law. The technician must prove the above by handing you a certificate.

    • Contact your notaire to find out what your exact obligations are. According to the law, you must provide the above documents, otherwise you may be held liable for the consequences of failing to provide such information. You cannot therefore be exempt from these obligations.

  • You're the buyer

    • You need to know surveys to avoid being mistaken over the characteristics of the property you intend to buy. The diagnoses provide buyers with a clearer idea of the qualities and defects of their investment.

    • It is likely that other inspections will be added to the file in the future with a view to improving the quality of information and further protecting the consumer.

  • ASBESTOS inspection

    • Type of the document: State mentioning the presence or absence of materials or products containing asbestos.

    • Buildings concerned: All buildings whose building permit was issued before 1 July 1997.

    • Relevant Transaction: Sale.

    • Duration of validity of the document: If no asbestos is detected, the period of validity is unlimited. However, if the presence of asbestos is detected, a new test must be performed within 3 years the delivery of diagnosis. Warning: if the diagnosis was made before 2013, it must be renewed in case of sale of housing, even in case of absence of asbestos.

    • Provided Sanctions: The seller may be exonerated from the corresponding guarantee of hidden defects . For its part, the buyer can obtain justice in a reduction of the selling price or cancellation of the sale.

  • INDIVIDUAL SEWERAGE inspection

    • Type of document: Document relating to the sewerage plant.

    • Buildings concerned: All built buildings not connected to the public network.

    • Relevant Transaction: Sale.

    • Duration of validity of the document: 3 years.

    • Provided Sanctions: The seller may be exonerated from the corresponding guarantee of hidden defects. The buyer has the obligation to comply within a year after the signing of the deed.

  • LEAD inspection

    • Type of the document: Finding risk of exposure to lead (CREP). This statement must be accompanied by an information notice summarizing the effects of lead on health and safety precautions in the presence of coatings containing lead.

    • Buildings concerned: residential buildings or part(s) affected building(s) housing constructed before 1 January 1949.

    • Relevant Transaction: Sale / Rent.

    • Duration of validity of the document: If attendance exceeds certain thresholds lead: 1 year for sales / 6 months. Otherwise unlimited.

    • Provided Sanctions: The seller may be exonerated from the corresponding guarantee of hidden defects. Breaches of the specific obligations of safety and caution is likely to incur criminal liability of the lessor. For its part, the buyer can obtain justice in a reduction of the selling price or cancellation of the sale.

  • ELECTRICAL inspection

    • Type of the document: State of the interior electrical installation.

    • Buildings concerned: residential buildings or part(s) affected building(s) housing whose installation was carried out for over 15 years.

    • Relevant Transaction: Sale.

    • Duration of validity of the document: 3 years maximum for the state of the indoor facility, like the certificate of compliance in case of renovation.

    • Provided Sanctions: The seller may be exonerated from the corresponding guarantee of hidden defects. For its part, the buyer can obtain justice in a reduction of the selling price or cancellation of the sale.

  • NATURAL AND TECHNOLOGICAL RISKS inspection (ERNMT)

    • Type of the document: Status of natural hazards, mining and technology.

    • Buildings concerned: All types of buildings covered by a prefectural decree specifying the municipalities concerned and the list of foreseeable risks.

    • Relevant Transaction: Sale / Rent.

    • Duration of validity of the document: Less than 6 months before the date of the sale agreement or the conclusion of the lease .

    • Provided Penalties: Further resolution or demand price reduction by the seller. Application for damages for the tenant.

  • GAS inspection

    • Type of the document: State of the domestic gas installation.

    • Buildings concerned: Residential building or part (s) affected building (s) housing whose installation was carried out for over 15 years.

    • Relevant Transaction: Sale.

    • Duration of validity of the document: 3 years maximum for the state of the indoor facility, like the certificate of compliance in case of renovation.

    • Provided Sanctions: The seller may be exonerated from the corresponding guarantee of hidden defects. For its part, the buyer can obtain justice in a reduction of the selling price or cancellation of the sale.

  • TERMITES inspection

    • Type of the document: State relating to the presence of termites.

    • Buildings concerned: All built buildings (areas bounded by prefectural).

    • Relevant Transaction: Sale.

    • Duration of validity of the document: 6 months. A remake when new bylaw declaring an infestation area.

    • Provided Sanctions: The seller may be exonerated from the corresponding guarantee of hidden defects. For its part, the buyer can obtain justice in a reduction of the selling price or cancellation of the sale.

    • Map of the districts covered by a prefectural delimiting areas infested by termites at 1 January 2016.

  • ENERGY PERFORMANCE inspection (DPE)

    • Type of the document: Diagnosis of energy performance.

    • Buildings concerned: All built buildings except those listed in Article R.134-1 of the CCH.

    • Relevant Transaction: Sale / Rent.

    • Duration of validity of the document: 10 years. A remake in case of substantial work in particular.

    • Provided Sanctions: The buyer can obtain justice in a reduction of the selling price or cancellation of the sale. For its part the tenant can possibly get a reduction in the rent.

  • MERULE inspection

    • Type of the document: Information on the presence of a risk of merule.

    • Buildings concerned: All built buildings (areas bounded by prefectural).

    • Relevant Transaction: Sale.

    • Duration of validity of the document: No fixed term.

    • Provided Sanctions: The presence of merule can, under certain conditions, constitute a hidden defect such as to engage the liability of the seller.

  • MEASUREMENT CARREZ LAW inspection

    • Type of the document: Measuring Living suite surface. The measurement must be accompanied by the submission of additional documents concerning the organization of the building, the financial condition of the co- ownership and possibly the state dated documents. The seller must also submit a certificate issued by the co-ownership trustee.

    • Buildings concerned: All-purpose co- ownership lots residential or commercial (excluding basements, garages, parking space and generally lots or part of lots of less than 8 m2).

    • Relevant Transaction: Sale.

    • Duration of validity of the document: Permanent.

    • Provided Sanctions: Action for annulment of the sale in the absence of mention. Demand for lower prices if surface error of more than 5%.

  • RADON inspection

    • As of 1 July 2017, sellers of real estate located in one of the areas' potential radon "(colorless, odorless radioactive gas) will be required to make a diagnosis to inform their buyer of existence of this risk.

    • Donors will be subject to the same obligation with regard to their tenant.

    • The buildings concerned and the modalities of monitoring and levels of activity concentration risk will be defined by regulation.

  • The technical inspection of the condominium building

    • Since 1 January 2017, the global technical diagnosis (GTD) has become compulsory for all buildings (partial or total residential buildings) over 10 years old which are subject to (For partial or total residential use) subject to an insanitary procedure and for which the administration asks the trustee to produce a DTG.

      For the other condominiums, the realization (or not) of this diagnosis, which is intended to present the condition of the building and to fix any work necessary for its conservation and maintenance over the next ten years, must be submitted To one vote in general meeting. Where it exists, the GTD must be provided in the event of the sale of a condominium lot or the entire condominium.

See also
06.25.2014
The role of the Notaire
29.11.2016
The letter of the notaries of France in the world / November 2016
congres_notaires_europe_cnue_2017
22.09.2017
4th Congress of the Notaires of Europe
02.10.2017
Conseil du coin : meet a french notaire to a cafe !