Mandatory real estate diagnosis in Luberon

Mandatory real estate diagnosis in Luberon

The law requires the realization of accurate diagnoses when selling or buying real estate

Acquiring or selling, the law requires a number of quality audits of a property. What you need to know to be up to the standards and not miss a transaction.

 

 

New durations for diagnostics. Real estate statements, statements and technical diagnostics have a limited validity over time. A decree published in the OJ of December 23, 2006 comes to update these durations. The condition of the building relating to the presence of termites (formerly known as a parasitic condition) has been extended to six months, which will make it possible to provide the same document at the time of the promise of sale and the authentic deed. The energy performance diagnosis is valid for ten years. The state of the domestic gas installation, which will have to be attached to the sales promises from November 2007, three years. The risk of exposure to lead remains available for one year unless it establishes an absence of lead or a concentration below the thresholds defined by the Ministries of Health and Housing. In this case, it is not necessary to establish a new statement at the time of the sale. Lastly, the period of validity of the condition giving the presence or absence of asbestos remains unlimited.

 

Diagnostics, how to use Loi Carrez footage

 the property concerned: dwellings in condominiums with an area of ​​at least 8 m².

 what the law says: the exact surface of the property must be indicated in the preliminary contract and in the notarial deed of sale. If no acreage is mentioned, the purchaser has the right to request the nullity of the sale within one month of signing. The real estate agent and the notary must ensure that this mention is not forgotten. Otherwise, the seller may incur liability.

 That is to say, if the actual area is more than 5% lower than that mentioned in the deed of sale, the buyer may demand within the year following the signing of the deed a reduction in the price proportional to the difference in surface area.

 Validity: permanent, except in case of surface modification.

 

Asbestos Diagnostics

 the properties concerned: the individual houses and the units of the condominiums whose building permit was issued before 1 July 1997, as well as their annexes (cellars, parking spaces, independent garage, garden shed).

 What the law says: the statement, which must be produced at the latest at the time of the promise to sell or purchase, specifies the condition of the building materials likely to contain asbestos: ducts and pipeline, elevator and hoists, internal walls and plaster, floors, ceilings and false ceilings. If the diagnosis is positive, the state of conservation of the materials in question is verified. Periodic inspections and asbestos removal will follow.

 To know: for the common parts, a technical file must be kept up to date by the syndic: asbestos tracking, safety rules, checks to be carried out and work to be carried out. The trustee must send you a summary sheet, to be attached to the diagnosis of the units.

 Validity: unlimited

 

Risk of exposure to lead (Crep)

 the property concerned: all dwellings built before 1 January 1949.

 What the law says: Crep has a coating of lead-containing coatings and, if necessary, provides a summary of the degradation factors of the building. The statement of exposure to lead must be annexed to the promise to sell or, failing that, to the final deed of sale.

 Validity: it will be fixed by decree (to be published). If the finding establishes that there is no risk of lead poisoning, it is not necessary to make a new report on each transfer, the initial report being attached to the technical diagnostic file.

 

Parasitic state

 the property concerned: all dwellings situated in or likely to be contaminated in a geographical area. These zones defined by prefectural or municipal decree are available on www.termites.fr

what the law says: dated the day of its establishment, this diagnosis indicates the parts visited and those that were not, the presence or absence of termites, and, if applicable, the nature and extent of the damage. When the presence of termites is proven, the owner is obliged to carry out the treatment works.

 Namely: the parasitic state must be annexed to the deed of sale. Failing this, the sale will not be void, but, if termites there is, the seller will be held responsible.

 Validity: three months

 

Energy loss

 the property concerned: all the buildings or parts of buildings enclosed and covered. In condominium, only the units.

 What the law says: The energy performance diagnosis, mandatory since 1 November 2006, aims to characterize the energy performance of the building, to give reference values ​​and recommendations to improve its energy performance. It must be annexed to any promise to sell or, failing that, to the authentic deed of sale (Article L271-4 of the Construction Code).

 Namely: this document has only informative value. The purchaser or the tenant can not rely on the information contained in this diagnosis against the owner.

 Validity: ten years.

 

States of natural hazards

 the properties concerned: buildings located in areas covered by a plan for the prevention of technological risks (dangerous plants, etc.), a predictable natural risk prevention plan (floods, avalanches, etc.) or defined seismic zones by decree. Check with the town hall if there is a prefectural order.

 What the law says: since June 1, 2006, the owner must attach to the contract a statement of the natural and technological risks to which the building is exposed.

 That is, if this document is not given to the tenant or the purchaser, a reduction in the rent or sale, or even its cancellation, can be pronounced by the judge.

 Validity: six months.

 

Pool safety: obligation to have a safety system in accordance with the law.