Did you know about this? When a property is sold or leased, the law obliges the owner/landlord to draw up a technical diagnostic file (TDF) to inform and protect the buyer or tenant. The property diagnosis is part of this. What does the property diagnosis contain? What kind of diagnostics should be carried out in the event of a sale? Don’t panic, Leanne will explain everything in this guide.
Property diagnostics in case of sale: what are they?
These are documents that aim to inform a potential buyer or tenant about certain aspects of the property they are going to rent or buy.
What is the content of a property survey?
Article L271-4 of the Building and Housing Code stipulates that when all or part of a built-up property is sold, a technical diagnostic file provided by the seller must be attached to the promise of sale or, in the absence of a promise of sale, to the deed of sale.
This technical diagnosis file consists of 8 parts:
– Asbestos report;
– Lead exposure risk report; – Termite report; – Energy performance report; – Lead exposure risk report.
– Energy performance diagnostics;
– termite report; – energy performance diagnosis; – indoor gas installation report;
– Indoor electrical wiring declaration; – Non-collective sanitary installation declaration
– Declaration on non-collective sanitary installations;
– Declaration of ‘at risk’ easements and information on soils.
Site diagnosis for the sale of a detached house
In the case of a single-family home sale, the seller must provide the following documents:
– A statement indicating the presence or absence of asbestos;
– Diagnosis of energy performance (DPE), except in the case of a home for sale in the future completion phase (Véfa);
– Condition of the indoor gas installation if it is more than 15 years old;
– Condition of non-collective sanitary installations;
– Leading risk report (Crep);
– Condition of the electrical wiring in the premises, if more than 15 years old;
– Condition related to termites to determine if the home is at risk;
– Hazard and pollution status (rock, natural, seismic, man-made, radon, etc.) to determine if the house is in a risk zone;
– The seller must also mention the risk of meruli (fungi), especially if the house is located in a risk zone for which an order has been issued;
– As of 1 January 2020, Elan law requires sellers of new homes to provide the buyer with a digital booklet of information, monitoring and maintenance of the home.
Diagnosis of property in the case of a sale of jointly owned property
In the case of a sale of a property in shared ownership, the seller must provide the following documents:
– Energy Performance Diagnosis (DPE), except in the case of the sale of a home in the future completion phase (Véfa);
– Lead exposure risk report (Crep);
– Indicate the presence or absence of asbestos;
– Condition of the internal electrical wiring, if more than 15 years old;
– Condition of indoor gas installation, if more than 15 years old;
– Condition related to the presence of termites to determine if the dwelling is in a hazardous area;
– Condition related to hazards and contamination (natural, seismic, radon, mining, technological, etc.) to determine if the home is in a hazardous area.
– The promise of sale must state the private area of the property that is jointly owned and the risk of merusia if the property is located in a risk area that was the subject of the promissory note.
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Diagnosis of property in case of sale: applicability of PED in case of false information
From 1 July 2021, the PED (Property Energy Diagnosis Document) will come into force as part of the list of documents for property diagnostics.
This means that in practice this document is no longer just an information document. Buyers or tenants will now be able to receive compensation in case of incorrect information in the EPD of the property in question.
So be careful when reading the valuation of a property you wish to rent or buy.
Lack of valuation of the property being sold
When you signed the contract of sale, did you realise that no site survey had been carried out?
You should know that as a buyer you can benefit from a hidden defects guarantee.
This guarantee, also known as a quality guarantee, protects the buyer against hidden defects that undermine the quality of the goods being sold.