9. Statutory Surveys for a French Rental Property

As an owner of a property in France you will be aware of the statutory surveys for lead, termites etc that are undertaken as part of the whole purchase process.

There are also obligatory surveys that landlords are required to undertake, for the benefit of prospective tenants.

These statutory survey reports should not be confused with the discretionary condition report that is prepared at the start of a new tenancy, which we consider later.

There are three survey reports that are required:

1. 9.1. Natural or Technological Risks
2. 9.2. Energy Performance
3. 9.3. Lead

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9.1. Natural or Technological Risks

The first such survey that has been introduced is one relating to 'natural or industrial/technological risks' (Risques naturels ou technologiques) to which the property may be prone.

The survey is required in those communes where there is a risk prevention plan (un plan de prévention des risques naturels) in place, or which is in preparation, or in those areas classified as at risk of seismic movement.

At the moment this concerns about one third of 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 landlord 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.

The reports cannot be dated more than six months prior to the signing of the letting contract.

Thankfully, the landlord is not expected to write the report on risks, although they are required to provide the information on insurance claims.

Basic responsibility for the risk report lies with the local préfecture (or sometimes the mairie). They will provide you with a completed standard form (Etat des risques), which you can then handover to the prospective tenant.

You can see the standard template for the report at Model Risk Report

Where the reports are required, but not provided, the tenant has the right to seek recourse in the courts for cancellation of the letting contract, or a reduction in the rent.

9.2. Energy Performance Survey

The energy performance survey is called the Diagnostic de Performance Energétique.

The report is required to give the future tenant some idea of the likely energy consumption and heating costs.

In relation to seasonal lettings the owner escapes the obligation if the property is let for less than four months of the year. This period applies to the totality of the lettings over a year, not the duration of a single letting.

The report has only information value, so cannot be used by the tenant 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.

To find someone competent to undertake the survey, try a local estate agent, notaire, the internet, or the telephone directory for diagnostic immobilier. Once it has been carried out, the report is valid for ten years.

You can also contact your local energy efficiency centre .

9.3. Lead Survey

There is a requirement to provide a report on the presence of lead paintwork in the property for all properties built before Jan 1949.

The report is called constat de risque d'exposition au plomb - CREP.

If lead paint is found to be present a landlord may be required by the prefecture to carry out remedial work, or risk facing criminal proceedings.

If the amount is minimal, then a further survey is obligatory after six years for subsequent lettings.

If no lead is found it is not necessary to undertake a further survey.

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