The legislation imposes mandatory technical diagnoses to sell a property. These findings, made by a certified professional, determine the condition of a property before its sale. And they must be presented to the purchaser, at the latest on the day of the signature of the authentic deed of sale. But which are mandatory among the diagnoses for lead, asbestos, natural gas, electricity, energy performance, etc.? ? And what are the penalties if you decide to sell a house without a real estate diagnosis? Everything you need to know about the regulations in force.
Summary
Can you sell a house without a lead diagnosis?
The finding of risk of exposure to lead does not concern all dwellings, but only buildings or parts of buildings for residential use whose construction dates back to before 1er January 1949.
This diagnosis is very important since the presence of lead in coatings such as paint can lead to poisoning (lead poisoning) among the occupants of the dwelling. In young children and pregnant women, the consequences can be dramatic.
If the finding of risk of exposure to lead establishes the absence of the substance in the coverings (or concentrations below the thresholds defined by order), it is not mandatory to have a new finding established for each change. The initial report must simply be attached to the technical diagnosis file.
Asbestos Diagnosis, when is it mandatory?
This diagnosis mentions the presence or absence of materials or products containing asbestos. It only concerns residential buildings whose building permit is prior to 1er July 1997.
To note : the validity period of the asbestos diagnosis is not limited in time.
Is a termite diagnosis mandatory to sell a house?
There is also termite diagnostics which can detect the presence of termites. This does not concern all the houses, but only the built buildings located in an area determined by prefectural decree. Its validity period is three months.
To find out if your house is located in an affected area or not, check with the town hall. And in the event of a sale relating to premises located in joint ownership, the parasitic state relates only to the private part of the lot.
To know : xylophagous insects and in particular termites can cause significant damage in a house because they degrade the wood. In the most extreme cases, building collapse is possible.
What does the natural gas diagnosis consist of in the sale of a home?
This diagnosis concerns residential buildings with an indoor natural gas installation that has been in place for more than 15 years. The examination covers the fixed piping, the connection of the devices, the ventilation of the premises and the combustion.
If it is a sale of premises located in a condominium, the diagnosis relates exclusively to the private part of the lot. And the period of validity of the document is three years.
Natural and technological risks: should you draw up a report before selling your house?
As part of a house sale, the diagnosis must include the state of natural and technological risks. We then talk about the state of risk easements and information on the ground. This is a document that allows the buyer of the property to be informed about the risks and pollution to which the house is potentially exposed.
The diagnosis is in the form of a form to be completed by the seller of the accommodation. He must then complete it using the information contained in a prefectural decree.
Energy performance and DPE: a mandatory home diagnosis?
On the other hand, French regulations provide for the establishment of an energy performance diagnosis to sell your house. The document, called DPE, is valid for ten years. It defines the energy expenditure of a good on a scale from A to G.
To note : the DPE is also mandatory in the context of a rental. Since 1er January 2011, the DPE must be directly mentioned in the real estate advertisement, whether it is a sale or a rental. If you decide to sell your house without going through an agency, call on a certified real estate diagnostician before the property is put up for sale.
Electricity : What do I need to check to put my house up for sale?
Note that a seller must provide a state of the interior electrical installation to the buyer if it is more than 15 years old. In buildings located in co-ownership, this statement relates only to the private portions.
The electrical diagnosis must be carried out by an approved professional. The document is then valid for three years. It is then intended to check the protection devices of the installations. And it also makes it possible to identify equipment that may be unsuitable or that presents risks.
Note that the seller has no legal obligation to remedy the electrical defects found. Therefore, the diagnosis does not have a binding value.
What is the sanitation diagnosis?
This examination concerns all dwellings, mainly individual houses, not connected to the public wastewater collection network. In concrete terms, these are dwellings that do not have any sewage at all.
The sanitation diagnosis consists of checking the operation and maintenance of the individual installation. And it specifies the work to be carried out to eliminate the dangers to human health and the proven risks of environmental pollution.
The document, to be attached to the sales agreement, must be less than three years old on the day of the signing of the final deed of sale.
Should dry rot be diagnosed when selling real estate?
The diagnosis of dry rot has the advantage of informing about the presence at the local level of a risk of dry rot. This is a fungus that eats wood from buildings.
In reality, it is not really a diagnosis but written information based on a prefectural decree. Indeed, dry rot is difficult to detect without probing or removal. The information must be appended to the promise or the sales agreement for a dwelling.
The soil study, mandatory field diagnosis since the Elan Law 2018
There is now a new mandatory diagnosis when selling land. This is the soil study according to the Elan law of November 23, 2018. This geotechnical study is mandatory from 1er January 2020. And it is valid for 30 years if no reworking of the soil has been carried out.
What are the penalties if you sell a house without a diagnosis?
When signing the authentic deed of sale, if one of the valid documents relating to lead, asbestos, termites and natural gas is missing, the non-professional seller will be responsible in the event of appearance of any harm or risk whatsoever. We then speak of hidden defects.
Consequently, the buyer will be in his right to turn against the seller. He can thus claim the cancellation of the sale of the property and ask for the full restitution of the price. In the event of a hidden defect concerning common areas, the syndicate of co-owners shares the responsibility with the seller.
On the other hand, in the absence of the state of natural risks when signing the deed of sale, the purchaser of the house can pursue the resolution of the contract or request a reduction in the price.
Note also that the energy performance diagnosis (EPD) only has an informative value.
Finally, be aware that if one of the diagnoses produced when signing the promise of sale is no longer valid on the date of signing the deed of sale, it must be replaced by a new one. document. It will then be appended to the authentic deed of sale.
Read also :
- Termite diagnosis or parasitic condition
- When to carry out the real estate diagnostics?
- The digital performance diagnosis
- Dry rot diagnosis: what is it?
- Gas diagnosis: what is it?
- Swimming pool compliance diagnosis
- Water purification diagnosis
- Radon diagnosis: what is it?
Who to contact for a real estate diagnosis?
If you intend to sell your house (and even rent it), you cannot avoid providing the real estate diagnostics, including the energy diagnostic. This is made mandatory by law. Now you can’t do that to just anyone either. Again, the law sets the rules. You will therefore have to call on a company certified by the NF EN ISO/CEI 17024 standard.
It remains to be seen how to go about it. Today, the easiest way is to do a search on the internet, selecting the companies in the sector where your home is located. We also advise you to contact several companies, in order to establish several quotes. You can then compare the offers and select the one that suits you best. For example, if the property is located in Occitania, you can request a real estate diagnosis estimate with dimo-diagnostic.net. You will save time by doing your steps online.
Also remember to check the reviews posted on Google. This will allow you to learn more about the reputation of the company selected, and thus, to be more serene to pay the right price.
