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Regulatory and normative framework :
Articles R1334-10 to 12 of the Public Health Code. Law 2004-806 of August 9, 2004 - Decree and order of April 25, 2006.
Scope
A Lead Exposure Risk Assessment Report (CREP) must be annexed to any promise or agreement of sale for all buildings (collective or individual) built before 1949. Deteriorated paints are the main sources of lead poisoning in children.
Who should conduct the assessment ?
The initiative to have a CREP conducted belongs to the seller of the property or the landlord. The CREP must be carried out before the sale or rental of the accommodation, and must be handed over to the prospective buyer or tenant.
The CREP must be carried out by a professional certified by an organization accredited by the French Accreditation Committee (Cofrac).
In case of sale :
A lead exposure risk assessment must be established within less than one year from the date of the notarized authentic deed. The lead exposure risk assessment concerns only the private parts of the building used for housing. The seller cannot be exempt from the warranty for hidden defects related to Lead.
In case of rental :
Obligation to annex a lead exposure risk assessment to any new lease agreement established within less than 6 years. In case of absence of lead, the initial CREP will be attached to each lease agreement without the need to establish a new assessment. In case of failure to fulfill its safety and prudence obligations, the landlord incurs criminal liability. In common areas: the CREP must be carried out throughout these areas no later than August 12, 2008.
Validity (Sale) :
1 year Validity (Rental and common areas): 6 years in case of presence of lead, unlimited in case of absence of lead.
Regulatory references :
Building and Housing Code, articles L271-4 to L271-6 and L134-6 Decree No. 2006-1147 of September 14, 2006 Order of April 6, 2007 Standard XP P45-500
Scope :
All buildings or parts of buildings for residential use with a gas installation are concerned. Since November 1, 2007, the seller of all or part of a building for residential use with an interior gas installation made more than 15 years ago must provide a state of this installation integrated into the technical diagnosis file annexed to any promise or agreement of sale.
Validity: 3 years
Regulatory references :
Law of December 9, 2004 - CCH L134-1 to L134-5 Decree No. 2006-147 of September 14, 2006 relating to Energy Performance Diagnosis
Scope :
The energy performance diagnosis of a building or part of a building enclosed and covered (new construction, extension, or existing) is a document indicating the amount of energy actually consumed or estimated for a standardized use of the building or part of the building and a classification according to reference values.
In case of sale :
Since November 1, 2006, an Energy Performance Diagnosis provided by the seller is integrated into the technical diagnosis file annexed to any promise or agreement of sale.
In case of rental :
Since July 1, 2007, the Energy Performance Diagnosis is annexed to any new lease agreement by the landlord. It is attached to the technical diagnosis file that must be annexed to the lease agreement upon its signing or renewal.
Regulatory and normative framework Asbestos before sale: Public Health Code art. L1334-7 and art. R1334-24 of August 22, 2002. Order of December 2, 2002 - NF X 46-020.
Asbestos regulatory and normative framework before work: Public Health Code art. R1334-27. Order of January 2, 2002 - Order of December 2, 2002 - NF X 46-020.
Scope :
Private parts - Before sale - Asbestos Report: Since September 1, 2002, an Asbestos Report must be annexed to any promise or agreement of sale of buildings whose building permit was issued before July 1, 1997.
Common areas :
Owners must establish an Asbestos Technical File (D.T.A.) before December 31, 2005, in the common areas of residential or office buildings.
Asbestos before work :
The owner of any building constructed before July 1, 1997, is required, before demolishing his building or before carrying out work, to have a survey of materials and products containing asbestos carried out and to provide the result of this survey to any natural or legal person mandated to design or carry out the work.
Regulatory references :
Decree pending Standard XP 16 - 600 of 08/2007
Scope : All housing transactions whose electrical installation is more than 15 years old are concerned. Verification of the condition of the interior electrical installation in terms of safety requirements. Existence and characteristics of a general control and protection device.
The state of the interior electrical installation identifies: Obsolete electrical equipment, unsuitable for use, or presenting risks of direct contact with live elements, mechanically unprotected conductors.
Entry into force : January 1, 2009 Validity Period: 3 years
Regulatory and normative framework :
Environmental Code : law of 30/07/2003, articles 77 and 42. Environmental Code: article L 125-5, decree of 02/15/2005 Building and Housing Code, art. L271. Prefectural decrees.
Scope : This document presents natural (floods, drought, forest fires, landslides, etc.) and technological (industrial, biological, etc.) risks to which a building is exposed. The Natural and Technological Risks Statement is established from the information made available by the prefect, and according to a standard model defined by decree. A complete risk statement includes the prefectural decree and communal maps, as well as the location plan and the list of risks to which the property is exposed.
In case of sale : this information is mentioned in writing directly in the promise or agreement of sale. In case of rental: since June 1, 2006, for any rental (unfurnished, furnished, seasonal, commercial), the owner must annex a Natural and Technological Risks Statement to the contract.
Validity: 6 months
Law No. 96-1107 of December 18, 1996 improving the protection of purchasers of condominium lots. Decree 97-532 of May 23, 1997 defining the surface area of the private part of a condominium lot.
Scope : La loi Carrez impose au vendeur d'indiquer et de garantir la superficie privative de son lot ou d'une fraction de son lot de copropriété dans toute promesse ou compromis de vente.
Validity: from sale to sale, recourse within 1 year.
Regulatory References : Construction and Housing Code, article L 133-6. Law No. 99-471 of June 8, 1999, aiming to protect purchasers and owners of buildings against termites and other wood-boring insects. Decree 2000-613 of July 3, 2000, concerning the protection of purchasers and owners of buildings against termites.
Scope :
Conducting a survey of the condition regarding the presence of termites in a building or part of a building, to determine whether there is an infestation by termites or not. In the event of the sale of all or part of a built property located in an area delimited by prefectural decree, the exoneration clause for hidden defects, if the hidden defect is constituted by the presence of termites, can only be stipulated on the condition that a survey regarding the presence of termites is annexed to the authentic deed recording the sale.
Validity : 6 months
Compliance with pool safety devices : Mandatory since January 1, 2006. Private pools must be equipped with a safety device. Pool owners must install one of the four approved devices: alarm, safety barrier, shelter, or cover.
Failure to comply with the law may lead to criminal penalties and fines.
- Enhancing the value of your property and finding a tenant who meets all solvency conditions
- Ensuring rental income against unpaid rents and property damage by subscribing to our unpaid rent insurance
- Routine management: being the privileged interlocutor of the tenant, managing improvement works (management tailored to the owner's wishes)
- Relieving you of all administrative procedures (inventory, contract drafting, insurance subscription, etc...)
Management fees as well as unpaid rent insurance are deductible from rental income. Furthermore, we provide you with all the necessary information for your property income tax return.
In a strict and constantly evolving legal framework, any incomplete or non-compliant file with current legislation can generate cumbersome and costly legal procedures. That's why we offer our services because, as members of SOCAF and SAA, we regularly attend all the necessary training sessions for the proper practice of our profession. We are an independent real estate agency close to our clients: responsiveness - proximity - professionalism - availability are the keywords of our work philosophy.
Trust us too, we are professionals in our field. We are at your disposal to offer you a free quote upon request.
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