The seller of a property has an obligation to inform the purchaser on the condition of the building with regard to potential risks to the health and safety of any future occupant/s, potential risks to the safety of the building/s, as well as the environmental impact the building has on the planet. This information is included in the ‘compromis de vente’ as one of the mandatory provisions and exonerates the seller in terms of the ‘non-garantie des vices cachés’ (hidden defects) clause.
Over recent years, the state has imposed a set of obligatory searches for hidden defects in the form of the diagnostic surveys, and it is obligatory for the seller to commission a ‘DIAGNOSTIQUEUR IMMOBILIER’ who is in possession of the necessary qualifications and guarantees to carry out these diagnostic surveys – the ‘dossier de diagnostic technique’ or ‘DDT’.
The DDT consists of the following obligatory diagnostic surveys:
The total number of surveys required on the sale of a property will depend on where the property is, the age of the property and whether there are any existing reports from a previous sale which are still valid.
The same obligation to inform applies to landlords when letting a property, although the obligatory diagnostic surveys necessary for a lease are limited to: lead paint, energy performance and surface area. The diagnostic reports are attached to the lease agreement and must be renewed on each subsequent renewal of the lease.
The legislation concerning the diagnostic surveys imposes an obligation on the seller solely to inform, and not an obligation to carry out corrective works.
The diagnostic surveys are paid for by the seller.