Dossier Diagnostique Technique - DDT

A Dossier Diagnostique Technique (DDT) is a set of reports provided by the seller to the buyer with key information on the property. The closest equivalent in the UK is the Home Information Pack, although the two contain very different sets of information. 

The DDT must be produced to a buyer at the time of signing the preliminary sales contract  (the most common contract being the compromis de vente), or at the latest on signing the completion deed (acte de vente).

The reports must be prepared by experts who are certified by an accredited organisation. The cost is usually for the seller. Each type of report has a different validity date, which is important to bear in mind. If there is a long gap between getting the reports done and completing on the sale of the property a seller may find he has to renew some of the reports.

If any of the reports have a positive conclusion (for example termites or asbestos are present at the property) a prospective buyer must decide if he is willing to proceed with the purchase. If he does, he might want to negotiate a price reduction to reflect the issues affecting the property and if any remedial work is required it should be agreed who will bear the cost. Most sales contracts specify that when signing the contract the buyer confirms that he is aware of the content of the reports and is aware that he has no right of action against the seller.

The DDT does not include a structural survey. Consideration should be given to getting a survey because a French property is “sold as seen”. If you buy a property with a defect in it which you could have found out for yourself you will have no right of action against the seller.

You will not find all of the following reports in every DDT; it will depend upon the type of property, its age and its location. An additional certificate is also required for the sale of a co-ownership property (copropriété) certifying the area of the property being sold (but excluding certain areas such as parking spaces and areas of less than 8m²).

If a report has not been produced at the time of signing the preliminary sales contract you should ask for a condition (known as a condition suspensive) to be put in the contract to make the purchase conditional upon a satisfactory report. The condition must be carefully drafted to give you the opportunity of backing out of the contract later on. If a report is not provided the seller cannot protect himself from any action a buyer may bring against him if the property turns out to be affected by any one of the aspects which should have been reported on for that specific property.

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 or the town council (conseil municipal). You can find out from the town hall (mairie) if the property is located in such an area. Because termites degrade the wood in buildings they can affect the quality of a building, even to the point of putting the building at risk of considerable damage.

Individual properties as well as the private areas of a communal building (copropriété) are covered by the legislation.

If the report is positive the owner must make a declaration to the mairie or face a penalty fine.

It is important to note that the report must by law only cover an inspection for termites. It will not necessarily tell you if other wood boring insects, or indeed fungal parasites, are present.

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 is older than 12 years or so.

Lead (plomb)

This report must specify the presence of lead in the surface of walls, ceilings and flooring, comment on the level of degradation and give information about the effects lead poisoning has on a person’s health and precautions to take when lead is present. It must be produced for all properties (whether individual or an apartment) whose construction predates 1949.

If the reports identifies the presence of lead in degraded surfaces above a certain threshold the owner must inform all occupants and take steps to reduce the risk of exposure to lead.

If the report specifies that there is no lead present in the building the report has indefinite validity.

Energy performance of the property (la performance énergétique)

An energy performance certificate must be produced for all properties being sold. It is for information purposes only. If there is anything in the report that shows a problem in the property, a buyer has no right of action against the seller.

A typical report would indicate the likely amount of energy consumed at the property and it 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 legal requirement. If a property includes a gas installation which is more than 15 years old (for example natural gas, liquid gas or propane), a report on that installation must be produced to evaluate the risks to the 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 and technological or industrial risks, and seismic activity (risques naturels et 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 sales 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 certain events such as flooding, landslide, chemical escapes from local factories, and earthquakes.

Additionally, in the contract itself the seller must declare any events that have affected the property during his period of ownership which resulted in a payment on an insurance claim. A seller must also notify a buyer if the property is located on land under which a mine has existed.

Drainage (assainissement)

For all sales after 1 January 2013, a new report must be produced providing information to a buyer on the drainage system serving the property. This will be required for every property which is not linked to a communal drainage network (assainissement non collectif).

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 areas of less than 8m², a balcony, garage and parking space.

For advice or further information contact a member of our French Property team.