Compulsory diagnostic tests when selling: everything you need to know

If you are about to sell your property, you should know that there are mandatory real estate diagnostics that must be carried out before the sale. These diagnostics provide the buyer with information about the condition of the property. In this article, we will explain everything you need to know about the mandatory diagnostics required when selling a property.

Asbestos Diagnosis

• Document type: Report indicating the presence or absence of materials or products containing asbestos.
• Applicable properties: All buildings with a building permit issued before July 1, 1997.
• Document validity period: If no trace of asbestos is detected, the validity period is unlimited. However, if asbestos is detected, a new inspection must be conducted within 3 years following the diagnosis. Note: If the diagnosis was carried out before 2013, it must be renewed in case of property sale, even if no asbestos was found.
• Penalties: The seller cannot be exempted from the corresponding hidden defects warranty.

Non-Collective Sanitation Diagnosis

• Document type: Report related to the non-collective sanitation system.
• Applicable properties: All built properties not connected to the public sewer network.
• Document validity period: 3 years.
• Penalties: The seller cannot be exempted from the corresponding hidden defects warranty. The buyer is required to bring the system into compliance within one year after signing the final deed.

Electricity Diagnosis

• Document type: Report on the internal electrical installation.
• Applicable properties: Residential buildings or parts of buildings used for residential purposes where the electrical installation is more than 15 years old.
• Document validity period: Maximum 3 years for both the internal installation report and the compliance certificate in case of renovation work.
• Penalties: The seller cannot be exempted from the corresponding hidden defects warranty.

ERP Diagnosis

• Document type: Report on risks and pollution (natural, mining, or technological hazards, seismic activity, radon potential, and polluted soils).
• Applicable properties: Any type of property covered by a prefectoral decree specifying affected municipalities and the list of foreseeable risks.
• Document validity period: Less than 6 months before the date of the preliminary sale agreement.
• Penalties: The buyer may seek contract termination or request a price reduction.

Aviation Noise Nuisance Diagnosis

• Document type: Report on aviation noise nuisances.
• Applicable zones: This diagnosis must be carried out when the property is located within a noise exposure zone defined by an aerodrome noise exposure plan as per Article L. 112-6 of the Urban Planning Code.
• Applicable properties: Properties or parts of properties used for residential or mixed-use purposes, as well as constructible land being sold. If the property is located in an aerodrome noise exposure zone, the diagnosis must include a clear indication of the zone, the address of the online service to consult the plan, and information on where to view the plan at the local town hall.
• Penalties: The buyer cannot challenge the seller based on the information contained in this document, which is only indicative. However, the seller remains obligated to provide this information. If the document is not included, the buyer may seek contract termination or request a price reduction.

Gas Diagnosis

• Document type: Report on the internal gas installation.
• Applicable properties: Residential buildings or parts of buildings where the gas installation is more than 15 years old or where the last compliance certificate is over 15 years old.
• Document validity period: Maximum 3 years for both the internal installation report and the compliance certificate in case of renovation work.
• Penalties: The seller cannot be exempted from the corresponding hidden defects warranty. The buyer may seek a price reduction or even the annulment of the sale in court.

Termite Diagnosis

• Document type: Report on the presence of termites.
• Applicable properties: All built properties in zones defined by prefectoral decrees.
• Document validity period: Maximum 6 months. It must be renewed in case of a new municipal decree declaring an infestation zone.
• Penalties: The seller cannot be exempted from the corresponding hidden defects warranty.

Energy Performance Diagnosis (DPE)

• Document type: Energy performance diagnosis.
• Applicable properties: All built properties except those listed in Article R.134-1 of the Construction and Housing Code.
• Document validity period: 10 years. Must be renewed in case of substantial renovation work.

Lead Diagnosis

• Document type: Lead exposure risk report (CREP), accompanied by an informational notice summarizing the health effects of lead and precautions to take when dealing with lead-containing materials.
• Applicable properties: Residential buildings or parts of buildings used for residential purposes built before January 1, 1949.
• Document validity period: If lead levels exceed certain thresholds: 1 year for sales. Otherwise, validity is unlimited.
• Penalties: The seller cannot be exempted from the corresponding hidden defects warranty.

Geotechnical Study

• Document type: Preliminary geotechnical study.
• Applicable properties: In the case of sale or acquisition of a non-built, constructible plot of land: If located in an area allowing the construction of individual houses, and if located in a clay soil zone with medium to high risk of ground movement, a preliminary geotechnical study must be attached to the preliminary sale agreement or, if no agreement exists, to the final deed. This study aims to detect soil movement risks linked to drought and soil rehydration, specifically those related to shrinkage and swelling of clay soils. This obligation has been in effect since October 1, 2020.
• Additional study: A separate "design" geotechnical study may be required when planning construction work.
• Document validity period: 30 years, provided that no soil modifications have been made.
• Penalties: No specific legal penalty is provided for the absence of a geotechnical study. However, standard legal provisions apply, and the seller's liability could be engaged.