Diagnostic Immobilier and selling property in France A guide to the new rules on the DDT and diagnostics immobiliers or diagnostic tests required to sell French property Dossier Diagnostique Technique - new rules from January 2011 From the beginning of 2011, there have been new rules in place for the sale of houses in France. The onus is firmly on the seller to have a number of diagnostic tests carried out by an expert or a series of approved experts before the house can be sold. The reports are then collated into a dossier, Dossier Diagnostique Technique, or DDT. There have always been certain tests required, but these are now more numerous and anyone considering putting a property on the market needs to know exactly what the tests are, who to contract to carry them out, and what they mean. Roughly speaking, they equate to the old HIPS package in England, but there are significant differences peculiar to France. What happens if I dont have the tests done? The reports are a legal requirement for all properties being sold. If you fail to collate all the required tests, you, as the seller, remain liable for any problems ensuing from these areas. The report is attached to the Compromis du Vente, the agreement of sale (Property sales in France). Although it is seriously advisable to have all the tests done before you place the property on the market, some tests can legally be done later, as long as they are completed before the sale. The exception to this rule is the new requirement for an Energy Efficiency test, which must be done before the house is placed on the market and displayed along with any advertisement (see below). How to find accredited experts To make sure that the experts who carry out the tests are accredited, you should ask at your prefecture who will supply you with the details of the correct people to call. COFRAC is the accrediting agency, and all experts must be registered. A notaire or good estate agent will also supply the names and contacts of suitable experts. (These experts are, rather confusingly, also called diagnostics immobiliers.) Cost of the diagnostic tests If you choose to order all the tests to be done at once, the cost is likely to be anything from around 400 to 900 Euros. Thats sounds like a large variation in price, so it may pay to do your homework first. However, although you can shop around for a best price, you may find that some areas are more expensive than others and that the prefectures recommended list doesnt give you as much choice of expert as you may wish. Word of mouth is often a good way to find the diagnostic experts who will do the tests for a reasonable sum, but be sure to check their accreditation before employing them. Seller needs only to provide the information As a seller, however, your obligation is only to provide the information so that the buyer is aware of any defects. You are not obliged to carry out work to correct these. It is possible, however, that if problems are highlighted in the report, a potential buyer may pull out of the sale or demand a reduction in price. Diagnostics immobiliers - the tests involved The following are the tests which need to be carried out before a property is sold: 1. Dangerous and outdated building materials Asbestos: The French name for asbestos is amiante. All properties that had planning permission from before 1997 must be tested for the presence of asbestos. Lead: The French word for lead is plomb. This test is purely concerned with the use of lead in paintwork, where it can be a health hazard to children or pets, not lead flashing on roofs etc. 2. Gas, electricity and sewage Gas: The French name is gaz. Tests must be carried out on the property if the gas connection was installed over fifteen years prior to the sale. (Connecting utilities (water, gas, electricity, telephone and sewage) in France.) Electricity: The French name is electricité. As above for gas, tests are required if the property had its electricity installed more than fifteen years ago. (Electrics in France.) Sewage: One of the newest tests required is carried out on the septic tank systems installed in many country properties in France. The system must comply with current regulations. The words in French for sewage are assainissement non collectif, while a septic tank is known as a Fosse Septique. (Septic tanks in France.) 3. Termites and Natural Risks Termites: The test for this is referred to as termites et état parasitaire. All properties should have a report prepared on termites, although in certain areas the test is mandatory. Your prefecture will advise you if your property is in a termite area. Termite infestation can destroy a property, so it is to everyones advantage to know the result of this test! Additionally, other wood eating /burrowing parasites and fungi are tested for. It is also important to know that a termite report is only valid for six months. Natural Risks: This test is known as états des risques naturels et technologiques. A natural risk assessment is also carried out for the dossier of sale. This covers not only the likelihood of natural disasters to which the area may be prone, such as earthquakes, flooding or fire, but also the effects of any local industrial action which may result in toxic emissions, destabilising of the land etc. 4. Surface area of the property This one only applies to flats, apartments (Apartments and flats in France) or properties which form a part of a shared property. It is necessary to establish exactly the surface area of the property being sold. Detached houses/individual properties are not subject to this test. 5. Energy Efficiency *** This is the one that is causing all the buzz in 2011. It is now mandatory, before you advertise any property for sale or rent, that you have the test done and display the results with your advert. The report displays the energy efficiency of the property and reports on greenhouse gas emissions. It also provides advice on ways to improve the efficiency, lower bills and reduce emissions. Valid for ten years from the date of the inspection, the report must be displayed with the advert. Structural Surveys Oddly enough, the French do not set anything like as much store by full structural surveys as the British, perhaps because they are less inclined to be brainwashed into spending money to discover things they probably know already, given the extent of their local knowledge. The French also tend to take the common sense approach that if the property is still standing after a number of years, it will most likely continue to do so! That notwithstanding, it is possible to have a structural survey done, but the buyer will almost always be liable for the organisation and costs of this. (Surveyors in France.)
Posted on: Wed, 12 Feb 2014 14:32:56 +0000
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