Introduction
Upon signing the sale and purchase agreement (Compromis de Vente), a seller is obligated to provide the buyer with comprehensive information concerning the technical condition of the property. For this purpose, survey reports (Diagnostics Techniques) are attached in accordance with French real estate legislation.
Mandatory Reports and Surveys
Effective November 1, 2007, certain survey reports have become mandatory for the purchase and sale of real estate in France.
- For Apartments : Measurement of its total surface area (FR: Loi Carrez). This is applicable to properties with a habitable area of not less than 8 m². The difference between the stated and actual surface area cannot exceed 5%.
- Legally Required Reports (Diagnostics Obligatoires) : Checks for lead (Constat de risque d'exposition au plomb), asbestos (État amiante), and termites (État des risques parasitaires) are mandatory. Lead and asbestos checks are required for properties built before specific dates: July 1, 1997, for asbestos, and January 1, 1949, for lead.
- Electrical Wiring and Gas Installation Reports : These are mandatory for installations older than 15 years (État des installations intérieures électriques for electrical and État de l'installation intérieur de gaz for gas).
- Energy and Gas Efficiency Report (Diagnostic de performance énergétique et GES) : This report is valid for 10 years.
- Natural Risks Statement (État des risques naturels et technologiques) : This is required depending on the object location zone.
- Individual Sewerage System (État des installations d'assainissement non collectif) : As of 2013, owners must ensure that the individual sewerage system is up to standard. The examination is obligatory every 8 years.
The purpose of these surveys is to provide detailed information about the condition of the acquired real estate.
Deviations and Responsibilities
Deviations from standards revealed by the examinations are generally not grounds for the seller to perform remedial work, except in cases where high concentrations of lead are detected. In such instances, the buyer and seller should reach a mutual decision regarding the cost of repairs.
Cost Implications
- Total Surface Area (Loi Carrez) : Approximately €150 - €400 depending on the property size.
- Checks for Lead, Asbestos, Termites : Generally €200 - €500 for a bundled package.
- Electrical and Gas Installation Reports : Around €100 - €300 each.
- Energy Efficiency Report : Typically €100 - €250.
Timeline
- Prior to Listing the Property : Loi Carrez and checks for lead, asbestos, and termites should be completed.
- Post Agreement, Pre-Completion : Electrical, gas, and energy efficiency reports.
- Last-Minute Checks : Reports with short validity periods, such as the termite report, should be finalized.
Legal Consequences
- Right to Cancel : Buyers have the right to annul the transaction (Annulation de la vente) if mandatory reports are not provided or if the property's condition does not match the survey reports.
- Price Reduction : Any discrepancies may enable the buyer to demand a reduction in the sale price.
- Legal Litigation : Non-compliance can result in legal actions and fines.
Qualified Experts and Legal Framework
Technical surveys must be undertaken by qualified experts possessing a certificate of competence approved by COFRAC (Comité français d'accréditation).
Independent Expert Examination
Upon request, an independent expert can estimate the price of the property, taking into account various parameters such as property setting, location, market position, quality, and comfort level.
Conclusion
Understanding the various mandatory surveys and their implications is invaluable for both buyers and sellers in the French real estate market. These surveys serve to ensure transparency, fairness, and safety in property transactions.
