A well-prepared transaction is a successful one
On the seller’s side, the property transfer represents the separation from an often large part of his estate, which consequently represents a large part of his capital.
A well-managed transaction must be done without any litigation and must have been prepared.
Thus, in the framework of a property transfer, the legislation decrees that the seller must provide a Technical Diagnostic File (DDT).
Main clauses concerning real-estate diagnosis:
TECHNICAL AND ENVIRONMENTAL DIAGNOSIS
|Object ||Property concerned ||Element to inspect ||Validity ||Comment |
|GAS INSTALLATION ||Residential building with a gas installation older than fifteen years ||State of the stationary devices and piping ||3 years ||In accordance with clauses of articles L. 134-6 of building construction Code, sale of a real property for residential purpose having an interior gas installation realized for more than fifteen years has to be checked by a diagnosis of this installation. The document must have been established less than three years before the date of the act. |
|CONTROL OF INTERIOR ELECTRICITY INSTALLATION ||Residential building with an electrical installation older than fifteen years ||Domestic installation: from the control unit to the power terminal ||3 years ||An informative state of the private interior electricity installation, at the time of sale real property, in whole or in part for residential purpose, has when this installation is more than fifteen years, to be appended to the pre-contract or if not to the bill of sale. |
|DECONTAMINATION ||Residential building not connected to the collective sewer network ||Decontamination Control, effective January 1st, 2013 || ||Conditions of connecting to the municipal server system must be perfectly defined. |
|ASBESTOS REGULATION ||Building (building permit prior to 1 July, 1997) ||Inside vertical walls, plaster, floor, false ceilings, pipes ||Unlimited ||Article 1334-13, first paragraph of public health Code, commissions the seller to establish a state certifying the presence or the non-attendance of materials or products of building having asbestos, state to append to the pre-contract and to the sale. |
|STRUGGLE AGAINST SATURNISM ||Residential building (building permit prior to 1 July, 1949) ||House painting ||Unlimited, or one year if the report is positive ||Any property having been built before January 1st 1949 and being allocated to use of house, within the scope of clauses of articles L 1334-6 of public health Code. |
|Termites ||Building located within a specific area delimited by the prefect ||Building whether or not built upon ||6 months ||From the moment a building is in a delimited area by prefectorial by-law as being in an infected area or be liable to be by termites, a prior report has to be established. |
|Energy performance ||Building equipped with a heating system ||Energy consumption and greenhouse gas emissions ||10 years ||A Diagnosis of Energy Performance (DPE) is required, in accordance with the provisions of articles L.134-1 and subsequent of the French Construction and Housing Code. |
Board of the technical diagnosis for the implementation of miscellaneous system of guarantee according to the kind of building concerned, according to its purpose or its nature, built or not built. Here is specified each of these documents have to appear in the technical diagnosis that as far as the specific regulation of this document require it.
STATE OF NATURAL AND TECHNOLOGICAL RISKS, GENERAL REGULATION
Clauses of article L 125-5 of environment Code are hereafter literally reported:
- Buyers or tenant of real properties situated in areas concerned about technological plan of risk prevention or predictable natural plan of risk prevention, decreed or approved, or in seismicity areas defined by decree in Council of State, are informed by the vendor or the lessor of the existence of risks aimed by this plan or decree. For that purpose, a state of the natural and technological risks is established from the information put at the disposal by the prefect. In case of building notice of sell, state is done in conditions and according to terms provided in articles L. 271-4 and L. 271.5 of building construction Code.
- The prefect stops a list of towns in which clauses of I and II are enforceable, as well as, for each town concerned, a list of risks and documents to consider.
- When a built building underwent a disaster having given rise to the payment of a compensation in application of article L. 125-2 or article L. 128-2 of insurance Code, the building seller or lessor has to inform in writing the buyer or tenant of any arisen disaster during the period he was the owner of the building or whom he was him even informed in application of the actual clauses. In case of sale of the building, this information is mentioned in the authentic act noticing the sale realization.
- “In case of failure to comply clauses of the present article, buyer or tenant has the possibility to follow the contract resolution or ask the judge a decrease of the price”.
STRUGGLE AGAINST SATURNISM
Any property having been built before January 1st 1949 and being allocated to use of house, within the scope of clauses of articles L 1334-6 of public health Code.
Death watch beetle, spin insect, Capricorn beetle, so many insects which can be adverse for wood or framework. For a old house, a preliminary valuation when buying is recommended.
For further information or precision, our consultants of Demeures du Grand Sud are at your disposal: firstname.lastname@example.org
GLOSSARY OF THE TRANSACTION
A specific glossary very useful for any vendor : Click here