Understand rules on home surveys
Several reports must be made when selling a property, but not all are valid for the same time
OVER the past few years, the number of surveys that need to be carried out when selling a house has kept rising. Collectively they are called the Dossier de Diagnostic Technique (DDT) and cost about €500 to complete.
Up to seven surveys must now be undertaken: for asbestos, lead, energy efficiency, termites, gas, “natural or technological risks” and electrics.
Only the report on energy efficiency is required in all cases. Obligatory reports on termites and risks are restricted to certain parts of the country. An asbestos survey is required for a property granted planning permission before July 1997. A lead survey is necessary for homes built before 1949. Gas and electric surveys must be done for properties at least 15 years old.
From 2013, it is proposed that owners of septic tanks will also be required to report on the condition of the installation as part of the sale process.
Only people who have been accredited by the agency Cofrac (Comité Français d'Accreditation) can undertake the surveys, with the exception of the report on “natural and technological risks”, which comes from the préfecture.
One of the confusing aspects of the regulations is that the reports do not all have the same period of validity. In the case of asbestos, the report is valid for an unlimited duration, while in other cases it ranges from six months to 10 years.
As a result of their limited life, most sellers wait until they have found a buyer before they commission the diagnostics. The reports are then annexed to the sale contract, or attached to the deed of sale.
The notaire will almost certainly insist on the surveys being undertaken, but omission of any of the reports does not necessarily invalidate the sale.
The energy efficiency report is purely informative, and there are no implications if it is missing.
In all other cases, with one exception, the seller merely loses their exoneration from legal action for hidden defects (vices cachés). For example, if the electrics survey was not undertaken, and a major electrical problem was later discovered, the seller might find it difficult to offer a suitable legal defence.
Only in the case of a missing report on “natural or technological risks” (in areas where it is obligatory) could the buyer get the sale annulled, or obtain a reduction in the purchase price, for which a court ruling would be needed.
In no case is the owner of the property required by law to remedy any defects found as a result of the surveys.
