The various diagnosis
The rules are stricter and stricter as regards the property’s quality on the market and more particularly regarding the sanitary prevention and the energetic performance.
Therefore, as years go along, the law-maker has made many diagnoses mandatory in order to make the transactions clearer
Click on the following sections :
The « Law G. CARREZ » measurement act
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Field of application : within the framework of a sale of a co-ownership building’s private parts. Please note that if you are a home-owner of a house or a chalet from a horizontal co-ownership, the rule is also right. Why this diagnosis: during a transaction, the Carrez law measurement provides the accurate surface area of the property for the buyer and the seller (surface area higher than 1,80 meters (expect garages, outbuildings, …)) Practical details : as soon as a co-ownership lot has been put up for sale, the Law Carrez surface area has not only been mentioned on the authentic bill of sale at the notary public, but also on all of the previous bills, agreement to sell or to buy, at the risk of cancelling the bill. |
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Main bills and/or reference norms: Law n°96-1107 of December 18th 1996 which improves the protection of buyers who purchase co-ownership lots and which modified the article 46 of the law n°65-667 of July 10th 1965 that set the co-ownership’s statute of the buildings. Up |
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The asbestos assessment report
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Field of application: within the framework of a sale of buildings, the construction permit of which was issued before July 1st 1997. Why this diagnosis : asbestos is made of mineral fibers which are dangerous by inhalation. Practical details : The asbestos assessment report before the sale has to be made by the date of the agreement to sell or to buy. Objectives : Inform the real estate property buyers about the possible presence of asbestos-containing materials or products and about the conservation state of these materials in the property they are expecting to get. Home-owner’s responsibility : he has to inform the future buyers about the buildings subjected to the mandatory setting of the asbestos assessment report. Furthermore, if flocking, insulation and/or damaged fake ceilings are detected and if asbestos-containing materials and products are detected as damaged, the home-owner will have asbestos removing work done. |
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Main bills and/or reference norms: Modified decree 96-97 of February 7th 1996 – decree 97-855 – decree 2001-840 of September 13th 2001 – Decree 2002-839 of May 3rd 2002 – Bylaw of August 22th 2002 – Norm AFNOR NFX 46-020 – Article L.1334-13 from Public Health Code– Article from R.1334-14 to 1334-29, articles R.1336-2 to 1336-5 from Public Health Code. Up |
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The risk state of lead exposure
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Field of application : within the framework of a sale, it refers to the home buildings built before January 1st 1949 and the private parts of a co-ownership building. Within the framework of a renting, it refers to builings built before January 1st 1949? Why this diagnosis : lead is a toxic element for the human being with cumulative effect. Main intoxicating source: child eats lead paint particles, which taste sweety. Objectives : Inform real estate property buyers and tenants about the presence of lead-containing coatings, their lead concentration and their state of conservation. Practical details: If the lead concentration is higher than the regulation limit (1mg/cm²), the assessment is valid a year. Otherwise, the assessement may be considered as definitive. Home-owner’s responsibility: he has to inform occupiers and every person who is willing to do work if there are damaged coatings containing lead at a concentration higher than the regulation limit. Work is mandatory of remove the lead exposure risk at a concentration higher than the regulation limit. |
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Main bills and/or reference norms: Law 98-657 of July 29th 1998 – Decree n° 99-483 of June 9th 1999 related to the emergency precautions against lead poisoning, provided for articles L32-1 to L32-4 from Public Health Code and modifying the Public Health Code – Decree n° 99-484 of June 1999 related to the emergency precautions against lead poisoning, provided for articles L32-5 from Public Health Code and modifying the Public Health Code – Bylaw of July 12th 1999 – Bill DGS/SD7C/2002/27 - UHC/QC/1 N°2001-1 of January 16th 2001 related to the lead exposure risks made in accordance with the article L-1334-5 of the direction law related to the fight against the expulsion – law n° 2004-806 of August 9th 2004 related to the Public Health Politics of the fight against lead poisoning, article L.1334-1 to 12. Up |
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Rules xylophages insect-related
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Field of application : within the framework of a building’ sale, an assessement regarding the absence of xylophage insects (termites, capricorne beetles) dated from less than 3 months is required in every area defined by prefectorial bylaw. So far, the departments of Savoie and Haute-Savoie are not involved.Up |
State of natural and technologic risks
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Field of application : within the framework of a building sale or renting located in areas with a preventive plan of technologic risks or a preventive plan of predictable natural risks, stipulated or approved, as well as the seismicity areas defined by Decree from the Concil of State. Objectives: Inform the buyers and tenants of real estate property about how these properties are exposed to the major natural and technologic risks extisting. Practical details: report valid 6 months. Home-owner’s responsibility: the seller home-owner has to append this risk state to each bill of sale; the lease holder home-owner has to append it to the rental contract. |
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Main bills and/or reference norms: Ruling n°2005-655 of June 8th 2005 related to the housing and the construction. Article L.125-5 from the environnement code. Decree N° 2005-134 of February 15th 2005 related to the information of real estate property buyers and tenants about the major natural and technologic risks. Up |
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Swimming pool
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Field of application: within the framework of a real estate sale involving an annex swimming pool, this one must be made comply with one of the four norms AFNOR: secure fence (NF P90-306), alarm systeme (NF P90-307), secure cover (NF P90-308), cover for swimming pool (light structure/veranda – NF P90-309). Home-owner’s responsibility: work to make the property comply with the standards at the risk of getting a fine to the amount up to 45 000€ (even without any transaction).Up |
Energetic performance diagnosis
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Field of application: within the framework of a sale, as regards all of the buildings and the private parts of the co-ownership apartment buildings. For all of the renting, paid for by the lease holder. Why this diagnosis: this diagnosis is related to the transposition of an european directive taken within the framework of the application of Kyoto’s protocole (fight against greenhouse gas). Objective: characterize the building’s energetic performance by lending reference values and recommendations to improve them. Practical details: report valid 10 months. Home-owner’s responsibility: Pass on this diagnosis to the buyer or the tenant. Work: informative indicators: the buyer or the tenant will not be able to use the information from the diagnosis against the home-owner. |
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Main bills and/or reference norms: Rulling n°2005-655 of June 8th 2005. Law n° 2004-1343 of December 9th 2004 from a simplification of rights. Up |
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Gas diagnosis
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Field of application: within the framework of a sale or a renting of a building older than 15 years or the installation of which got a compliance since more than 3 years. If places from a co-ownership are sold, this state has to be applied to the private part of the lot. Why this diagnosis: according to GDF, for 50% of the housing using natural gas (methane), the security of systems and devices, after the gas meter, is considered as inadequate or even dangerous. Objective: detect the possible risks for occupiers’ health and security. Practical details: report valid 3 years. Home-owner’s responsibility: put on this diagnosis to the buyer or the tenant. Furthermore, the diagnosis expert is able to cut off the gas from the apartment and make some work to be done. |
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Main bills and/or reference norms: Code of the construction and home, article l134-6 (rulling nº 2005-655 of June 8th 2005). Decree n° 62-608 of May 23rd 1962 setting the technical and security rules as regards the systems of combustible gas. Main bills and/or reference norms: Law n°2003-8 of January 3rd 2003, Art 2 of August 2nd 1877; Decree of April 6th 2007; norm AFNOR XP P45-500. Up |
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Electricity diagnosis;
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Field of application: within the framework of a sale or a renting of a building older than 15 years or the installation of which got a compliance since more than 3 years. Why this diagnosis: In France, the fires in the home make about 10 000 victims a year, 460 of whom died. A fire in the home over four is the result of a defective electrical system. Objective: inform the buyers or tenants about the risks, in order to significantly reduce this risk at the end. Practical details: report valid 3 years. Home-owner’s responsibility: put on this diagnosis to the buyer or the tenant. This diagnosis is given as a rough guide; it does not involve work to be done. |
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Main bills and/or reference norms: art. L134-7 of July 26th 2007, decree of July 8th 2008, norm AFNOR XP C 16 600. Up |
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Decontamination diagnosis
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Field of application: within the framework of a sale of a property which is not linked to the decontamination shared system. Why this diagnosis: this diagnosis makes the buyer know if the discharges of worn water are in keeping or what kind of work will be expected to be done. Objective: avoid the pollution of the pluvial waters if the worn waters would be badly dischared. Practical details: Report issued by the technical services in charge of the worn waters in the city. The report is valid 3 years. Home-owner’s responsibility: he has to have work done within a year after the control. |
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Main bills and/or reference norms: Law about water (n°92-3) and law n°2006-1772 dated of September 7th 2009. Up |
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