Noise is one of the most annoying and widespread nuisances. As a result, many players are involved in preventing, limiting and even punishing noise emissions. Since 1 June 2020, a new measure has been introduced to highlight this problem. From this date, future buyers of property located in an area affected by a noise exposure plan (PEB) will be informed that the property in which they are interested is in a noisy zone... Yet another useless piece of legislation!
This new document will be included in the technical diagnosis file for rental properties, but also for sales, in the preliminary contract (promise, compromis or reservation contract) or, failing that, in the deed of sale.
This document must include a clear and precise indication of the zone, the address of the online information service for consulting the noise exposure plan, and a reference to the possibility of consulting the noise exposure plan at the town hall of the municipality in which the property is located.
And because our legislator believes that this legislative advance is relevant, a very severe penalty is provided for if the purchaser is not made aware of the information, namely rescission of the contract or the possibility of asking the judge to reduce the price.
However, with a touch of cynicism, the legislator also considers that the purchaser or lessee cannot rely on the information contained in this document, which is only indicative, against the vendor or lessor.
In practice, therefore, the document may be incorrect, and there will be no consequences, but it must be attached, otherwise the sale may be called into question.
This new measure is yet another example of the deviance of our positive law: the purchaser or consumer is increasingly infantilised to the point where he or she is deprived of any critical sense. Worse still, they are being dehumanised by being treated like a cash register.
Infantilisation of the purchaser
Our law recognises the concept of apparent defect. Under the terms of article 1642 of the French Civil Code, "the seller is not liable for apparent defects of which the buyer has been able to convince himself".
This piece of legislation, which is currently in force, was drafted in 1804! While the original version of our Civil Code was a veritable masterpiece that was exported, it is clear that our laws drafted over the last few decades will not have the same status.
The notion of apparent defect alone should have ruled out the relevance of this 'noise' diagnosis. In fact, according to this concept of apparent defect, the purchaser is bound by a minimum duty of care, which is limited to that which any man normally concerned with his own interests, but lacking any particular technical skills, would exercise.
Clearly lacking any legal culture, the current legislator has provided in Article 94 of Law No. 2019-1428 of 24 December 2019 that from 1 June 2020, "when built buildings for residential use or for mixed professional and residential use and unbuilt buildings suitable for construction located in one of the noise zones defined by a noise exposure plan are leased or sold, a document informing of this situation shall be communicated to the future buyer or tenant."
In practical terms, if the purchaser hears noise because he or she is near an airfield... he or she will be informed that he or she is in a noise zone !!!!!!
This is an apparent defect: the buyer, with a modicum of vigilance, cannot ignore this defect. They are buying knowingly without being able to take action against the seller.
Dehumanising the buyer
If this document infantilises the buyer, as well as being of questionable reliability and creating contractual uncertainty, it is also part of an unpleasant logic of over-informing the buyer. Too much information kills information. How can today's average buyer discern what is important and what is not among all the documents submitted during a sale?
These include, but are not limited to, the co-ownership regulations, the descriptive statement of division, amendments to the descriptive statement of division, the technical diagnosis file, the minutes of the general meeting, calls for funds, ERP, radon, merula, drainage, the specifications for the housing estate, the town planning certificate, etc.
More than ever, buyers find themselves validating a multitude of documents without knowing their relevance, and may therefore miss out on essential points. Purchasers are dehumanised because it is impossible for a human being to understand all the documents they sign in the space of an hour (the time taken for a signing appointment).
To avoid any inconvenience, it is best to conclude your purchase or sale under calm, professional conditions.
