5. French Property Surveys
Property buyers in France benefit from a number of obligatory surveys that the seller is required to have carried out.
However, these surveys fall well short of a full building survey, so do not get sucked into a false sense of security about the amount and quality of information you will receive.
In this section we review the statutory surveys that the seller is required to supply, as well as the wisdom and process of organising your own building and land surveys.
- 5.1. Statutory Surveys
- 5.2. Building Surveys
- 5.3. Land Surveys
5.1. Statutory French Property Surveys
There are an increasing number of professional surveys that must be provided by the seller as part of the sale process.
These surveys are collectively referred to as the Dossier de Diagnostic Technique (DDT).
The survey reports are provided to the notaire for annexation to the sale and purchase agreement and, ultimately, the deed of sale. If the surveys are not carried out at the time of exchange of contracts, then they must be carried out before completion takes place.
You would be wise not to sign the sale and purchase agreement without the survey reports being in place, although it is possible for completion to be subject to, for instance, a clean bill of health for termites. Some contracts provide that if termites are found then treatment should be carried out at the cost of the seller, but unless this clause also includes replacement of timber damaged by the termites, then it is of dubious value.
The government has been tightening up on survey requirements, and a number of new surveys are being introduced over the next few years.
The survey requirements are becoming an increasing burden for sellers, both in terms of the cost, and the supply of information on the property to the survey technician. They are also a substantial legal responsibility.
In the absence of valid surveys being carried out, the seller can be held liable for remedial works. Indeed, in the absence of the report on 'natural or technological risks', the seller is entitled to withdraw from the contract, or demand a reduction in price.
In practice, the notaire will insist on the surveys being carried out but, if they do not, then you must raise the issue! At completion of the sale, all survey reports must be within the date of their expiry period.
There have been concerns about the control and professional competence of those who undertake these surveys.
Given the varied nature of the surveys it may be necessary to call upon the services of more than one surveyor/technician to carry out the work. Some consumer groups have argued that companies may offer a 'one-stop shop', yet engage staff who have fallen short of the professional standards required.
In other cases, concern has also been expressed about the lack of independence of some firms, allied as they may be to estate agents, or construction companies, to whom they pay a commission.
As a result, the government has tightened regulations on the training and accreditation requirements of those who undertake the surveys. The technicians are now also forbidden to have any formal links with estate agents, construction companies and notaires.
Since November 2007, all survey technicians must have received a certificate of competence through a certification body accredited to the Comité d’accreditation français (COFRAC), which should ensure some degree of professional competence and independence.
There is also a professional association called Chambre Syndicale des Experts Immobiliers de France (CSEIF) to whom any reputable survey company is likely to be affiliated.
The main surveys that are now in operation, or in the process of being introduced, are as follows:
- 5.1.1. Asbestos
- 5.1.2. Lead
- 5.1.3. Termites
- 5.1.4. Energy Efficiency
- 5.1.5. Natural or Industrial Risks
- 5.1.6. Gas Installations
- 5.1.7. Electrical Wiring
- 5.1.8. Septic Tanks
5.1.1. Asbestos Survey
A report on the presence or otherwise, of products or materials containing asbestos, called amiante. This rule only applies to properties granted planning permission earlier than 1st July 1997.
5.1.2. Lead Survey
A report on the presence, or otherwise, of paintwork that contains lead, in a report called the constat de risque d'exposition au plomb - CREP. This survey requirement applies to all properties built before 1949.
The report cannot be dated earlier than one year from sale completion. If lead is not found to be present, or to be so low as to not be a risk to health, then no further survey is necessary on a subsequent sale of the property.
The survey requirement also applies to the communal areas of a block of flats, and to all rental properties let after 1st August 2008. In relation to rental properties, the survey must have taken place within the last six years, and where lead is not found, no further survey is required.
Where the large-scale presence of lead paintwork is found the technician undertaking the survey is required to inform the préfecture, and the owner can be made to undertake remedial work.
There is no requirement to seek out and to report on the presence of lead piping in the property.
5.1.3. Termites Survey
A report on the presence, or otherwise, of termites termites and other similar destructive pests in the property.
The survey is called the etat des risques parasitaires .
It is only required within designated areas of the country. The local mairie will be able to advise you whether the property is located in one of these areas.
If a survey is required, then it cannot be dated earlier than six months from the sale contract.
If termites are found, then the owner is obliged to inform the mairie.
5.1.4. Energy Efficiency
A report on the energy performance, (Diagnostic de Performance Energétique - DPE), of the property is required to give the future owner some idea of the likely level of energy consumption and heating costs.
This requirement is part of a EU wide initiative. The report has only informative value, so cannot be used by the buyer as a reason to withdraw from the contract.
The report will grade the level of energy efficiency using the European standard energy efficiency rating scale - A (economical) to G (high consumption) - in terms of the annual level of consumption of energy and greenhouse gas emissions.
The period of validity of the report is ten years.
5.1.5. Natural or Industrial Risks
A report on any natural or industrial risks, called risques naturels ou technologiques, to which the property may be prone, together with a declaration by the seller on any previous insurance claim(s) on the property relating to a natural disaster.
The report is required in those communes where there a risk prevention plan (un plan de prévention des risques naturels) in place, or in those areas classified as at risk of seismic movement.
At the moment this concerns about one third of the communes in France but, ultimately, it is envisaged that the whole country will be covered by this requirement.
The report must stipulate, for instance, whether or not the property is located in a flood zone, an area prone to earthquakes, major storms, avalanches, subject to ground movement, near a dangerous factory, or in proximity to major lorry routes where dangerous materials are being transported.
The report cannot be dated more than six months prior to the signing of the sale contract, and must be updated if there has been a change in the designation of the area prior to completion.
Basic responsibility for providing the risk report lies with the préfecture, in collaboration with the local mairie.
They will be able to provide the seller with a standard form, called état des risques, which you can find by visiting Prim.net: Portail de prévention des risques majeurs.
You can also find out more about the risks in the commune and region you propose to buy on the same site, although the information is still in a stage of development.
The seller must also state separately whether they have previously received compensation from their insurer on a claim resulting from a natural or ‘technological’ disaster on the property, e.g. claim for subsidence, flooding, or storm damage.
Where the risk report is not provided a buyer has the right to seek recourse in the courts for cancellation of the sale contract, or a reduction in the sale price.
5.1.6. Gas Installations
A report on a natural gas installation (installations de gaz) in the property. It applies to those properites where the gas installation has been installed for at least fifteen years.
This requirement is a recent change in the law has been operational since 1st Nov 07.
The period of validity of the report is three years.
5.1.7. Electrical Wiring
A report on the condition of the electricity supply in the property, where the wiring is over 15 years old.
This requirement is a recent (2008) change in the law, and is scheduled to become operational on 1st January 2009. A survey is valid for three years.
No survey is necessary where a certificat de conformité can be produced as evidence that the property complies with the regulations, provided the certificate is less than three years old.
5.1.8. Septic tanks Survey
A report on the condition of a septic tank, for those properties which do not have mains drainage.
The government keeps moving back the date when this survey requirement is scheduled to come into operation. The date now being suggested is 2013.
Nevertheless, all mairie are now required by the government to set in place an inspection of all septic tanks in their area, and to require owners to bring them up to specification by 2013, if they do not comply with the required standards.
Accordingly, unless you are buying the property in the clear knowledge that the installation does not comply, it would be prudent to ask for a certificate of conformity from the present owner, or the notaire, which they should be able to obtain from the mairie. A large number of local councils have yet to undertake the surveys, so you may find that one is not available.
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