Diagnostics have to be done in France for the sale of real estate. If one of these 8 documents did not appear in the technical diagnostic file for the preliminary contract, the seller could not be exempt from the guarantee of hidden defects which would attach to it and would be responsible for the consequences towards the purchaser. These appendices include :

  • The energy performance diagnosis (DPE) : It provides information on the amount of energy consumed or estimated by a building (the GES corresponds to the amount of greenhouse gas emissions) and evaluated its energy performance. The technician issues recommendations for improvement (not obligatory) to reduce energy consumption and improve the energy classification of the property. Valid for 10 years if no energy improvement works have been carried out in the meantime.
  • The electrical diagnosis : When the interior electrical installation of the dwelling has been carried out for more than 15 years. If sale in co-ownership, it concerns the private parts.  Validity : 3 years.
  • The gas diagnosis : When the interior gas installation of the home has been carried out for more than 15 years. Checking the condition of the fixed piping and its accessories, the gas connection of the devices, ventilation and aeration system, etc. Validity : 3 years
  • Lead exposure risk assessment (CREP) : For buildings or parts of buildings for residential use built before January 1, 1949. If work is planned, regardless of the type of building, a lead diagnosis before work must be carried out. The diagnostician measures the lead concentration in paints (doors, walls, windows, doorways, lintels, moldings, baseboards, ceilings, etc.). Unlimited validity if no lead, otherwise valid for one year.
  • Absence of materials or products containing asbestos : In any building for which the building permit was issued before July 1, 1997. An exhaustive asbestos diagnosis must be carried out before any demolition or any work undertaken. Unlimited validity if no asbestos (if produced after 2013, otherwise redo it). If traces of asbestos have been detected, you will have to carry out a new check within 3 years, in order to follow the state of degradation and danger of your accommodation, or to attest to its asbestos removal.
  • The state relating to the presence of termites : This diagnosis is not always compulsory: it is only when the dwelling concerned is located in the departments designated by prefectural decree as being risky in terms of termite infestation and wood-eating insects. If sale in co-ownership, it only concerns the private parts of the lot. Validity : 6 months.
  • The state of risks and pollution (ERP) : If the building is located in an area covered by a prevention plan defined by decree. This includes natural, mining, technological, soil pollution and radon risks. Validity : 6 months.
  • The diagnosis relating to the state of the non-collective sanitation installation : When the building is not connected to the public wastewater collection network commonly known as “sewerage”, it must have its own individual sanitation installation (e.g. septic tank) and comply with certain rules to comply with regulations (control of wastewater discharges). It must be controlled by the public non-collective sanitation service (SPANC) and be the subject, if necessary, of rehabilitation works. In the case of a document that does not exist or that is too old, the production of the document is the responsibility of the seller.          If the non-collective sanitation installation at the time of the signing of the authentic deed of sale is not in conformity, the purchaser must carry out the work of conformity within one period after the act of sale. Validity : 3 years. 
  • The condition relating to the presence of merules: This diagnosis is not always compulsory: it is only when the dwelling concerned is in the departments designated by prefectural decree as being risky in terms of infestation by these fungi . Validity: 6 months.
  • The Carrez law is a property diagnosis relating to the private living area of a property where the ceiling height is minimum 1.80 m, after deduction of the areas occupied by walls, partitions, steps and stairwells, ducts, door and window frames. It only applies to co-owned property. It does not apply to individual houses, cellars, garages and parking spaces or to lots or fractions of lots whose area is less than 8 m². On the other hand, the Carrez law does not concern housing sold off-plan since, within the framework of a “Vefa”, the developer is already required by other legislation to indicate the area in the deeds. If the actual area of the accommodation is more than one twentieth (5%) less than that expressed in the deed, the purchaser may claim a reduction in price from the seller within one year from the date of signature of the authentic deed of sale at the notary. In other words, when the difference between the real surface area of the accommodation and that mentioned in the authentic deed of sale is less than 5%, the buyer has no means of action. Validity : Unlimited if no changes have been made to it.
Scroll to Top