Compulsory diagnostic tests when selling: everything you need to know
If you're about to sell your property, you should be aware that there are a number of compulsory property surveys to be carried out before the sale. These inspections inform the buyer about the condition of the property. In this article, we'll explain everything you need to know about compulsory surveys when selling a property.
Asbestos diagnosis
Type of document : a statement indicating the presence or absence of materials or products containing asbestos.
Buildings concerned: all buildings for which planning permission was issued before 1 July 1997.
Period of validity of the document : if no traces of asbestos are detected, the inspection is valid indefinitely. However, if the presence of asbestos is detected, a new inspection must be carried out within 3 years of the diagnosis being submitted. Please note: if the inspection was carried out before 2013, it must be renewed if the property is sold, even if no asbestos is found.
Penalties : The seller is not exempt from the corresponding hidden defects guarantee
Diagnosis of NON COLLECTIVE SEWERAGE
Type of document : document relating to the non-collective sanitation installation.
Buildings concerned: all buildings not connected to the public network.
Period of validity of the document : 3 years.
Penalties : the seller cannot exempt himself from the corresponding guarantee against hidden defects. The purchaser is obliged to bring the property into compliance within one year of signing the deed of sale.
ELECTRICITY diagnosis
Type of document : condition of the internal electrical installation.
Buildings concerned: residential buildings or part(s) of buildings used for residential purposes that were installed more than 15 years ago.
Period of validity of the document : 3 years maximum for the state of the internal installation, as for the certificate of conformity in the case of renovation work.
Penalties : the seller cannot exempt himself from the corresponding guarantee against hidden defects.
ERP diagnostics
Type of document : risks and pollution (natural, mining or technological hazards, seismicity, radon potential and polluted soil)
Buildings concerned: any type of building covered by a prefectoral decree specifying the municipalities concerned and the list of foreseeable risks.
Period of validity of the document : less than 6 months before the date of the promise to sell.
Penalties : pursuit of the rescission or request for a price reduction by the seller.
Diagnosis of airborne noise pollution
Type of document : airborne noise pollution.
Zones concerned: this diagnosis must be carried out when the property is located in one of the noise zones defined by an aerodrome noise exposure plan provided for in article L. 112-6 of the town planning code
Buildings concerned: Buildings or parts of buildings for residential use or for professional and residential use, or undeveloped buildings that can be built on and are the subject of a sale. When the property is located in one of the noise zones defined by an aerodrome noise exposure plan provided for in article L. 112-6 of the town planning code, a document clearly and precisely indicating this zone, the address of the online information service for consulting the noise exposure plan and a reference to the possibility of consulting the noise exposure plan at the town hall of the municipality in which the property is located, must be included in the technical diagnosis file attached, as appropriate, to the promise of sale or, in the absence of a promise, to the notarial deed of sale.
Penalties : The purchaser may not rely on the information contained in this document, which is for information purposes only, against the seller. The seller remains bound by its obligation to provide information. If this document is not included or appended, the purchaser may rescind the contract or ask the court to reduce the price.
GAS diagnosis
Type of document : statement of the internal gas installation.
Buildings concerned: a residential building or part(s) of a residential building where the installation was installed more than 15 years ago or where the last certificate of conformity is more than 15 years old.
Period of validity of the document : 3 years maximum for the state of the internal installation, as for the certificate of conformity in the case of renovation work.
Penalties : the seller cannot exempt himself from the corresponding guarantee against hidden defects. The buyer, for his part, can take legal action to reduce the sale price or even cancel the sale.
The MERULE diagnosis
Type of document : information on the presence of a risk of merula.
Buildings concerned: all built-up areas (zones defined by prefectoral decree).
Period of validity of the document : no fixed duration.
Penalties : Under certain conditions, the presence of mérule can constitute a hidden defect that may give rise to civil liability on the part of the vendor.
LOI CARREZ diagnosis
Type of document : certificate attesting to the surface area of the lot concerned.
Buildings concerned: all residential or commercial co-ownership lots (except cellars, garages, parking spaces and, in general, lots or fractions of lots smaller than 8 m2)
Period of validity of the document : permanent
Penalties : Action for annulment of the sale in the event of failure to mention this. Request for a reduction in the price if the surface area is incorrect by more than 5 %.
Energy performance diagnosis (DPE)
Type of document : energy performance diagnosis.
Buildings concerned: all buildings except those listed in article R.134-1 of the CCH.
Period of validity of the document : 10 years old. To be redone in the event of substantial works in particular.
Lead diagnosis
Type of document : lead exposure risk report (CREP). This report must be accompanied by an information leaflet summarising the effects of lead on health and the precautions to be taken in the presence of lead-containing coatings.
Buildings concerned: residential buildings or part(s) of buildings used for residential purposes built before 1 January 1949.
Period of validity of the document : if the presence of lead exceeds certain thresholds: 1 year for the sale. Otherwise, unlimited.
Penalties : the seller cannot exempt himself from the corresponding guarantee against hidden defects.
TERMITES diagnosis
Type of document : a report on the presence of termites.
Buildings concerned: all built-up areas (zones defined by prefectoral decree).
Period of validity of the document : 6 months maximum. To be repeated in the event of a new municipal decree declaring an infestation zone.
Penalties : the seller cannot exempt himself from the corresponding guarantee against hidden defects.
Building concerned : In the event of the sale or purchase of a plot of undeveloped land suitable for building :
In an area suitable for single-family homes,
And in a clay soil zone (a zone where exposure to the risk of ground movement is classified as medium or high), a preliminary geotechnical study will now have to be appended to the promise of sale or, in the absence of a promise, to the deed of sale.
This soil survey must detect all risks of ground movement linked to drought and rehydration of the soil, i.e. those linked to the shrinkage and swelling of clay.
This "preliminary" soil survey must be provided by the vendor.
The obligation comes into force on 1 October 2020.
Please note: another geotechnical study, known as a "design" study, taking into account the location and characteristics of the building, may be required as part of the construction work.
Period of validity of the document : The preliminary geotechnical study is valid for thirty years if the ground has not been disturbed.
Penalties : The law does not provide for any specific penalties for failure to carry out a geotechnical study. As a result, ordinary law applies and the seller may be held liable.
