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Real estate sales : mandatory diagnostics

    Real estate sales : mandatory diagnostics

    Mandatory real estate diagnostics when selling a home

    In the context of the sale of real estate, several diagnostics must be made in a mandatory manner and appear in what is known as the technical diagnostic file (DDT).

    The energy diagnosis (DPE) of housing

    It is one of the most important diagnostic to be made when selling an apartment or a house. The ECD assesses the energy consumption of a dwelling and the quantity of greenhouse gases it emits. With the exception of property sold in the state of future completion (VEFA), this diagnosis must be made by the owner of the property offered for sale. The results of this diagnosis must appear in published real estate advertisements to sell the property. In particular, it indicates the energy performance scale (from A to G).

    The risk of exposure to lead (Crep)

    The Crep must indicate the presence or absence of lead in a dwelling. It is often in old paintings that traces of lead can be found. This diagnosis must be made by a professional in dwellings whose building permit was issued before January 1, 1949.
    If the threshold of 1mg / cm3 is exceeded by some coverings of the housing, the owner will be obligated to carry out work in order to eliminate the risk of exposure to lead.

    Asbestos status for dwellings built before 1997

    This diagnostic must establish the presence or absence of asbestos in certain products or materials within the housing offered for sale. Asbestos status must be carried out for dwellings whose building permit was issued before 1 July 1997. Depending on the results of the diagnosis, a periodic evaluation may be recommended, in some cases a thorough analysis of the dust in the atmosphere or treatments and work to eliminate the presence of asbestos.

    The state of electrical and gas installations

    Other real estate diagnosis included in the DDT: the state of the electricity installation of the housing. It allows to determine the state of the installation in matters of security. In the context of a sale, this diagnosis must be made by the seller in a mandatory manner for homes whose electrical installation is more than 15 years old.
    An inventory of the safety of the gas installations of the housing must also be performed. Again, this diagnosis is mandatory for homes whose installation is more than 15 years old.

    The state of termites in infested areas

    This diagnosis must be made in dwellings located in areas declared as being infested by termites or likely to be. It is possible to inquire with the prefecture, the town hall but also on the website of the department where the home is located at,  to find out if the area is concerned. As of July 1, 2017, Haute-Savoie was not the subject of a prefectural "termites" order.

    The state of the non-collective sanitation facility

    This condition must be established for dwellings that are not connected to the public sewage collection network and have an independent non-collective sanitation installation. The control is carried out by the city. The public non-collective sanitation service (SPANC) must indicate the presence or absence of malfunctions as well as any risks to health and the environment. In the event of a problem, work must be done to bring the installation into compliance with the regulations.

    The State of Natural, Mineral and Technological Risk (ERNMT)

    This diagnosis must also be mandatory in DDT. It guarantees the buyer that the dwelling is not located in an area where there is a natural, mining or technological risk. Since February 10th 2016, it is mandatory to indicate the risk of exposure to radon. The foreseeable risks are established for each town by prefectural decree. These documents can be referred in the appointed City Hall.

    The diagnosis of Serpula (lacrymans)

    Finally, a diagnosis aimed at detecting the presence of serpula, a fungi developing in humid and dark environments, must also be carried out in the areas contaminated by this parasite. 57 departments in northern and western France are now affected by this risk and are subject to an order.
    As of July 1st 2017, the Haute-Savoie (74) was not concerned with the presence of this fungi.

    Who can do real estate diagnostics ?

    All these diagnoses must be performed by professionals with certifications. The Ministry of the Environment publishes on its website a list of certified professionals and thus authorized to carry out these real estate diagnoses. Note that diagnostic prices are not regulated. Do not hesitate to ask for several quotes.

    What are the risks and rights in the absence of diagnosis ?

    In the absence of one of these documents, and if the purchaser discovers a risk or a malfunction that has not been indicated in the technical diagnosis file, he has the right to appeal to the district court for hidden defect in order to claim the cancellation of the sale or at least a decrease of the purchase price of the property.