You own a flat in Aix les Bains and want to sell it, but don't know what documents you need to send to potential buyers.
We're going to give you an overview of all the technical surveys you'll need to complete before you can sign the compromis for your co-owned flat. We'll look at the following points:
-Lead
-Asbestos
-Termites
-Gas
-Natural and technological risks
-Energy performance
-Electricity
-Upcoming diagnostics
-Choice of diagnostician
Lead
A lead exposure risk report is required if the flat is in a building constructed before 1 January 1949. If this is the case, only co-ownership lots used for residential purposes will be affected.
This diagnosis is designed to prevent the risk of lead poisoning.
When you sign the deed of sale for your flat, the lead exposure risk report must be attached to the deed. If this is not done, the seller will not be exempt from the guarantee against hidden defects relating to the risk of lead poisoning.
The lead diagnosis is valid for one year.
However, there is no need for a new report to be drawn up each time a property is transferred if it establishes the absence of lead-containing coatings or the presence of coatings containing lead in concentrations below the thresholds defined by order of the ministers responsible for health and construction. In this case, the initial report will be attached to the technical diagnostic file.
The communal areas of the building to which the flat belongs must also be covered by a lead exposure risk report. In theory, this report should have been drawn up before 12 August 2008, at the behest of the co-owners' association.
Asbestos
A professional asbestos inspector must be called in to check for the presence or absence of materials or products containing asbestos.
You are required to provide this asbestos diagnosis if the flat you are selling is part of a building constructed under a planning permission granted before 1 July 1997.
The diagnosis, which is still valid, will ensure that the seller is not held liable for any hidden defects resulting from the presence of asbestos in the flat.
Asbestos surveys are valid indefinitely.
In the case of communal areas, the co-owners' association is obliged to have an asbestos survey carried out and to draw up an asbestos technical file without delay (C. santé publ., art. R. 1334-25).
Termites (wood-eating insects)
Article L. 133-6 of the Code de la construction et de l'habitation (French building and housing code) requires a termite report to be drawn up. Failure to do so will prevent the seller from being exempted from the corresponding guarantee against hidden defects.
The diagnosis is valid for 6 months.
In our case, the sale of a flat in Aix les Bains, termite diagnosis is not compulsory. The diagnosis is only required for properties located in communes where outbreaks of termites have been identified. A prefectoral decree, issued on the recommendation of or after consultation with the municipal councils concerned, defines the areas that are contaminated or likely to be contaminated in the short term.
In this case, the municipality of Aix les Bains, like all those in Savoie, is not affected by a prefectoral decree of this type. Termite diagnosis is therefore not necessary.
However, it should be remembered that the seller remains liable for any hidden defects, such as the presence of wood-eating insects, if he was aware of them and failed to warn the buyer.
The occupier of the property, or failing that the owner, must make a declaration to the local council as soon as they become aware of the presence of termites. In the case of the communal areas of co-owned properties, this obligation falls to the syndicate of co-owners.
Gas
If the flat in Aix les Bains that you are selling has an internal gas installation that is more than 15 years old, a diagnostician must carry out a survey of the installation to assess any risks to personal safety.
If you don't have this diagnosis when you sell your flat, you won't be able to get out of the guarantee against hidden defects in the internal gas installation.
This inspection is only carried out in the private areas of residential premises and their outbuildings, and is valid for 3 years.
Natural and technological risks
Unlike most other surveys, the natural and technological risk report can lead to the deed of sale being declared null and void, or to a reduction in the sale price, if it is not included when you sign the deed of sale for your flat.
The purchaser of a property located in an area covered by a technological risk prevention plan or by a prescribed or approved plan for the prevention of foreseeable natural risks, or in a seismic zone defined by decree of the Conseil d'Etat, must be informed by the vendor of the existence of the risks covered by this plan or decree.
The statement of natural and technological risks is generally drawn up by the notary on the basis of information provided by the prefecture.
If the flat you are selling has suffered a loss for which compensation has been paid under articles L.125-2 and L.128-2 of the Insurance Code, you must inform the buyer in writing. This information will be included in the deed of sale of your property.
Energy performance
This diagnosis determines the amount of energy actually consumed or estimated for a standardised use of the property and a classification based on reference values so that consumers can compare and assess its energy performance.
To improve the property's performance, the energy diagnostic is accompanied by various recommendations.
The energy performance report is for information purposes only. Purchasers will not be able to use the information contained in the diagnosis against the seller.
The energy performance report is valid for 10 years.
Electricity
When you sell your flat, you are obliged to carry out an inspection of the internal electricity installation if it is more than 15 years old.
Required under article L. 134-7 of the French Code de la construction et de l'habitation (Construction and Housing Code), this inspection allows the seller to waive liability for any hidden defects in the electrical installation.
In practice, this diagnosis generally reveals a large number of anomalies. The "dramatic" nature of the diagnosis should be kept in perspective, as it is difficult to find a property that is free of all faults.
The internal electricity installation report is valid for 3 years.
Upcoming diagnostics
Sanitation
Since 1 January 2011, it has been compulsory to draw up the document required by article L. 1331-11-1 of the French Public Health Code following inspection of non-collective sanitation facilities.
This document is a certificate relating solely to non-collective sanitation facilities.
In the case of the sale of a flat, this obligation will therefore often be irrelevant.
Smoke detectors
Parliament has passed a law requiring smoke detectors to be installed in all homes. All homes must be fitted with smoke detectors by 2015.
Choice of diagnostician
When selling your flat in Aix les Bains, you will need to call in a professional diagnostician in the following cases:
- lead exposure risk report ;
- a report on the presence or absence of materials or products containingasbestos;
- statements relating to the presence of termites
- a report on the internal gas installation
- energy performance diagnosis;
- report on the domesticelectricity installation.
These documents must be produced by a person with guaranteed competence who has the appropriate organisation and resources. Diagnosticians are required to take out insurance to cover the consequences of any liability they may incur as a result of their work.
They must also be impartial and independent of the owner or the owner's agent. The same applies to any company that may carry out work on works, installations or equipment for which it is asked to draw up one of the documents required to be drawn up by a professional diagnostician.
