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New Statutory Surveys on Rental Properties

Tuesday 13 June 2017

Landlords in France are required to provide several survey reports to tenants, an obligation that is soon to become more substantial.

Buyers and sellers of property in France will be familiar with the statutory survey reports carried out as part of the conveyancing process,

The survey reports are known collectively as the dossier de diagnostics immobilier.

Somewhat less known is that this same process takes place as part of the letting process of a French rental property.

Those surveys that a landlord is currently required to provide to a prospective tenant are:
  • Lead Paint Survey- un constat de risque d'exposition au plomb;
  • Energy Performance Rating - un diagnostic de performance énergétique;
  • Asbestos Survey - une copie d'un état mentionnant l'absence ou, le cas échéant, la présence de matériaux ou produits de construction contenant de l'amiante;
  • Report on Natural and technological Risks (in certain areas) - l'état des risques naturels et technologiques.

The Loi Alur 2014 introduced two additional survey reports, whose implementation has been held over until the publication of detailed regulations.

The new reports are:

  • Electrical Survey - un état de l'installation intérieure d'électricité;
  • Gas Survey - un état de l'installation intérieur de gaz.
The new surveys apply to all dwellings whose electrical or gas system was installed 15+ years

The duration of validity of the survey is, in each case, six years, reduced to three years in the event of sale of the property.

The survey applies initially to all co-ownership properties granted planning consent before 1975 for new lettings commencing 1st July 2017.

For all other dwellings the implementation date is 1st January 2018 for all contracts signed from this date.

All types of lettings, both furnished and unfurnished, come within the ambit of the legislation, provided the property is let for at least four months a year.

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