French Property Law
Dossier Diagnostique Technique
It is obligatory for the seller to assemble within one dossier different reports on the property he is selling. The dossier must be produced to a buyer at the time of signing the preliminary sales contract (compromis de vente), or at the latest on signing the completion deed (acte de vente).
Many of the reports were obligatory before 1 November 2007, but since this date the seller must instruct experts who are certified by an accredited organisation to carry out the reports. The expert’s fees are borne by the seller.
Not all of the aspects listed below require a report in respect of every property. It depends upon the type of property, its age and its location.
If any of the reports have a positive conclusion a prospective buyer must decide whether he is willing to proceed with the transaction. Most sale contracts specify that when signing the contract the buyer confirms that he has seen the reports and is aware that he has no right of action against the seller.
It is our usual practice to request copies of all required reports prior to our clients signing the preliminary sales contract.
The reports do not amount to a full survey of the property, which is recommended because a French property is “sold as seen”.
Termites (termites)
A report on the presence or absence of termites must be produced when the property is located in a zone known to be prone to the presence of termites. These zones are announced by the préfecture (prefect) or the town council (conseil municipal).
Individual properties as well as private areas of a communal building (copropriété) are covered by the legislation.
Asbestos (amiante)
A report on the presence or absence of asbestos in a property is required for all properties (whether it be an individual dwelling or an apartment) where the planning permission for construction predates 1 July 1997. In respect of an apartment, the syndic can be requested to produce a report on the presence or absence of asbestos in the communal areas.
Lead (plomb)
This report must specify the presence of lead in the surface of walls, ceilings and flooring, shutters etc. It must be produced for all properties (whether individual or an apartment) whose construction predates 1949.
Energy performance of the property (la performance énergétique)
An energy performance certificate must be produced for all properties being sold. It has a validity period of ten years but only has an informative status: if there is anything in the report that shows a problem in the property, a buyer has no right of recourse against the seller.
A typical report here would indicate the likely (or actual) amount of energy consumed at the property and will give some guidance on ways to improve the energy performance of the property (for example replacing windows with double glazed units or adding insulation).
Gas (gaz)
This is a relatively new report, being obligatory since 1 November 2007. If a property includes an interior gas installation which is more than 15 years old, a report on that installation must be produced to evaluate the risks to security of the occupants. Again, in respect of an apartment the report only concerns the private areas, not the communal areas.
Electricity (électricité)
A report on the electrical installation at a property became obligatory for sales completing after 1 January 2009. As with the gas report, it must be produced for each property which has an electrical installation of more than 15 years old.
Natural or technological/industrial risks, and seismic activity (risques naturels, technologiques ou sismiques)
If the property being sold is situated in an area covered by a plan on the prevention of natural or technological/industrial risks, a report must be produced and annexed to the sale contract. The local town hall or local town council will have the information to confirm whether or not a property is situated in such an area. Where a report must be produced, it will confirm whether the property is located in an area susceptible to a potential risk to events such as flooding, earth movements, chemical escapes from local factories, earthquakes etc. Also, where there is a risk of seismic activity, an area will be designated depending on the likelihood of the risk.
Drainage (assainissement)
For all sales taking place after 1 January 2013, a new report must be produced providing information to a buyer on the drainage system serving the property. This is required for every property which is not linked to a communal drainage network (assainissement non collectif).
Currently inspections of individual drainage systems are taking place throughout France to check whether they are in conformity with the regulations. When buying a property it is important to find out if an inspection has taken place and if so get a copy of the report. Remember, property is sold as seen so you should find out as much as you can about the state of the drainage system. A system not conforming to regulations could spell out a cost to you to put any problems right.
Surface area of an apartment (la superficie du logement)
The Loi Carrez of 18 December 1996 requires a seller of a co-ownership property (copropriété) to provide a certificate stating the exact surface area of the property being sold. This is obligatory for all apartments but excludes all areas of less than 8m2, a balcony, garage and parking space.
If the actual surface area of a property is less than 5% of that indicated in the sale contract then the buyer can demand a reduction in the purchase price because the correct surface area has not been specified in the final sale deed. If the actual surface area is more than that specified in the sales contract it doesn’t give the seller the opportunity to ask for an increase in the purchase price.
For further information please contact Sarah Bogard.
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