DIAGNOSIS ESTATE
The emergence of real diagnoses that have emerged gradually over the past 10 years (Law on asbestos and lead and Carrez law in 1996, the fight against termites in 1999 and most recently the Law on energy performance and condition of natural and technological hazards) gave birth to a new profession: that of property valuation.
Diagnosing estate used to evaluate the technical condition of a building and its facilities in terms of technical strength, security, regulatory compliance.
Upon signing the sale agreement, you are obliged to present a number of certificates relating to the presence of asbestos, lead, termite certificate Carrez law, a state of natural and technological hazards and an energy performance assessment. As CREP since August 2008. The diagnoses are real simple Quick and inexpensive.
diagnosis asbestos
Asbestos, a harmful substance par excellence, is banned from use in the real estate industry since 1997. Housing built before that date may nevertheless have traces of this material and thus pose a risk to the health of its occupants. The Code of Public Health therefore obliges the seller of a property built before 1 July 1997 to make a real diagnosis to detect the possible presence of products and materials containing asbestos. The expertise of accommodation will be made by a real estate professional diagnosis.
This diagnosis must be provided by property owner not later than the signing of the sale agreement. In the case of a property managed condominium, only the units will be for asbestos. The expert responsible for diagnosing asbestos attention will therefore have a number of sensitive points of the property such as false ceilings, floor tiles, sound insulation and thermal products and materials used (more 3000 materials containing asbestos are referenced to this day) .
The energy performance
The construction sector is the second largest source of carbon dioxide pollution in France, after transportation. According to the Interprofessional Technical Center for the Study of atmospheric pollution, buildings emit a quarter of all French emissions of CO2, the largest party after the transport sector. According to statistics of the Interministerial Mission for the Greenhouse Effect, the French release of greenhouse gases have soared since 2003 in private housing and offices: +7%, against only 1% for transport. Coming from a European directive of 16 December 2002 on the energy performance of buildings and introduced on 1 November 2006 by Jean-Louis Borloo then Minister of Housing (decree of September 15, 2006) , diagnosis property energy performance (ECD) aims to develop a comprehensive review of energy consumption of a property. Recent studies evaluating the French real estate to be extremely energy efficient, reduce energy losses when housing becomes a priority. In this sense, a real diagnosis ECD will also seek to offer solutions tailored to the owners. Intended
to inform prospective purchasers or tenants of a property on its energy consumption and emission rates of greenhouse gas emissions, must accompany the diagnosis ECD since 1 November 2006 any bill of sale must also, since July 1 2007, be provided by the owner of a rented housing. Directed by a professional diagnosis of housing energy performance takes place in the record of diagnostic techniques necessary for each transaction of a property. This diagnosis is a document that includes the amount of energy actually consumed or estimated to use standardized building or part of the building and a classification based on reference values so that consumers can compare and assess its energy performance. It must be accompanied by recommendations for improving energy efficiency, thus allowing, in case of works or replacement of equipment, optimize interventions to control energy consumption and contribute simultaneously to reduce costs for the occupants and limit emissions of greenhouse gas emissions. It must be established for less than 10 years. However, the diagnosis will only informative. Unlike other diagnoses, such as diagnosis or diagnosis termites lead the purchaser or lessee may not rely on them as against the owner.
Using an energy label similar to that used for household appliances is a factor in favor of ownership. The class thresholds are listed below. A label for energy consumption.
The information is supplemented by an indication of the CO2 emissions related to uses included in the label climate below.
A label for the impact of this consumption drive global warming.
Diagnosis of Loi Carrez
Since 1997, the sale of a strata lot that is larger than 8 square meters requires you to enter the private area at the signing of your promise to sell (sale agreement) commonly called the Carrez law expertise. Are excluded from this diagnosis estate, real estate include: garages, basements and parking lots. This real estate certificate aims to ensure that the buyer housing area that is about to acquire but also to protect the seller against any possible use of the purchaser in case of wrong size. The owner can take the initiative to make itself the measures of its housing, however it is advisable to call an expert to realize what real careful diagnosis (only the intervention of a professional real estate can give the diagnosis place to obtain a certificate Carrez law) . The latter will carry out the footage of the units of housing with a laser meter precision.
If no mention of the area is made when selling a property in joint ownership, the buyer is entitled to claim the invalidity of the act within a maximum period of one month from the date of signature. In the event the real diagnosis Carrez law would prove wrong (a difference of less than 5% of the area indicated is tolerated) , the future owner may request a reassessment of the property price according to the error (typically 1% reduction per square meter of difference) . The buyer has one year from the signing of the deed to make this claim.
diagnosis lead
The Act of July 29, 1998 requires sellers of real estate to establish an expert "a statement of risk to lead poisoning" (known diagnosis lead or ERAP) . At the end of this expertise, the expert shall issue a certificate. This certificate must be attached to the unilateral promise to sell an apartment or a house, if the property was built before 1948, or if located in a "zone at risk of lead exposure" bounded by the prefecture. This expertise lead must have been established less than one year from the date of signing the sale agreement. Otherwise, the seller can not evade the implied warranty and could also face criminal penalties.
diagnosis estate lead (or CREP) aims prevention and information vis-à-vis the lead in paint in case of sale of movable property. Any vendor of all or part of a building constructed for residential purposes before 1 January 1949 shall be annexed to the promise or contract of sale a report of risk of lead exposure conducted by a technical inspector or technician Construction diagnostic qualified lead. This qualified diagnostician and must have contracted a professional assurance to enable it to perform confidently diagnosed estate lead.
Failing presentation of diagnosis lead, no disclaimer of implied warranty may be stipulated in respect of defects formed by the risk of lead exposure. If the diagnosis reveals the presence of lead coatings containing lead, it is appended a note of general information intended for the owner, stating the risks of such coatings. This diagnosis lead is then communicated by owner occupants, businesses led to intervene in the local and will be at the disposal of the administration. If the diagnosis reveals lead to lead poisoning, the owner shall, in addition, a copy to Prefect (Departmental Direction of Equipment) . Each building or part of a building constructed for residential purposes before 1 January 1949 must be a real diagnosis lead which must be attached to any promise or deed of sale. A diagnosis will lead the parties requested for residential or everyday use.
Since August 12, 2008, a diagnosis real estate lead must be attached to any new lease for a home built before 1 January 1949. In case of change of tenant (new contract) and whether the absence lead (or acceptable threshold) was evidenced by a previous real diagnosis, it is not necessary to renew the expertise. Achieving a diagnosis lead imposes a cost that is borne by the lessor.
The diagnosis of parasitic state
Since June 8, 1999, sale of real property located in an area considered at risk must be accompanied by a real diagnosis confirming the presence or absence of parasites. With the objective to protect the purchaser and the owner against the agents of biological degradation of wood, the expert must determine, through review of the accommodation if the property is in the grip of an infection, identify the affected areas and possibly type of parasite.
Since 1999, the legislation requires the mayor to maintain an inventory of the contamination of their communities. Meanwhile, each department must define the areas of its territory infected by parasites. Within these geographical areas, any property or undeveloped should be a statement from city hall in the presence of termites or other wood-eating pest is detected. Related to buildings and condominiums, only private parties are subject to termite real diagnosis. The expert in charge of a termite diagnosis should indicate the property concerned, parts of it that were visited, and finally specify the infested by the parasite. It should be noted that the professional performing this diagnosis can inform the property owner on the work and possible treatment but not achieve himself. Achieving a diagnosis must termite since 1 November 2007, be entrusted to a professional meeting the requirements detailed in Articles L.271-4
to L.271-6 of the Code of Construction and Housing .
Diagnosis of natural and technological hazards
Diagnosis of natural and technological hazards on any real estate transaction. It must be attached to any kind of written lease, reservation of property in the future state of completion of the sale agreement or instrument making or evidencing the sale of real estate or undeveloped. Purchasers or lessees of property of any kind must be informed by the seller or lessor, whether or not a real estate professional, the existence of natural and technological hazards to which this property is exposed. A risk diagnosis based on information provided by the prefect of the department to the mayor of the municipality where the property is located, must be attached to any kind of written lease, the reservation for sale in the future state completion of the sale agreement or instrument making or evidencing the sale of that property whether developed or undeveloped.
This disclosure requirement of natural and technological hazards (diagnosis ERNT) applies in all municipalities with a list drawn up by the prefect of the department, property or undeveloped property located within the perimeter of exposure to natural and technological risks defined by a plan to prevent technological risks having been approved by the warden or an area prone to natural and technological risks defined by a prevention plan for foreseeable natural risks approved by the warden or some provisions were made immediately enforceable under the Environmental Code (art. L. 562-2) and finally within the perimeter under consideration in the context of developing technological risk or a prevention plan for natural hazards predictable down by the Magistrate.
Diagnosis of natural and technological hazards (ERNT) is established directly by the seller or lessor, where applicable, with the help of a professional who works in the sale or rental of the property. This diagnosis should be established less than six months prior to entering into any kind of written lease, the reservation for sale in the future state completion of the sale agreement or instrument or carrying out the sale of property to which it is attached. ERNT diagnosis is valid for the entire duration of the contract and its possible renewal. In case of roommates, it is provided to each signer on his first entry into the premises. Where appropriate, it is updated in case of a deferred entry of one of the roommates. The condition of natural and technological hazards mentioned seismicity and natural or technological hazards addressed in the plan or plans of prevention and to which the property is exposed. This state is accompanied by extracts of reference documents to locate the property against these risks.
Diagnosis gas
In accordance with Decree No. 2006-1147 of 14 September 2006 on the state of the domestic gas installation in some buildings, since 1 November 2007, the seller a property equipped with an installation older than 15 years shall, at the housing transaction, provide diagnostic estate specific diagnosis is gas. This assessment will aim to detect possible risks to health and safety of occupants. The diagnoser
performing the certificate Conformance gas installation of a property will pay attention to various spots. He will also check the fixtures of natural gas supply (boiler, radiators, etc.). , and the condition of pipes and fittings. We will monitor the equipment for producing hot water and assess ventilation and aeration of the property. After the diagnosis, real estate, has compiled a professional record of installing natural gas used in the following categories: no risk, low risk, immediate threat seriously. The discovery of a malfunction causing a hazard requires the diagnostician to refer to the gas distributor: gas supply may then be suspended. Achieving a real diagnosis gas deals with visible and accessible parts of the facility and generally requires no removal of components.
Diagnosis electric
Since 1 January 2009, electrical diagnosis has integrated the list of diagnoses estate must make when selling a home, be it a house or an apartment. Entry into force carried by terms defined by the implementing decree of 22 April 2008, published in the Official Journal of 24 April. Achieving a diagnosis power for only the sale of a property (be it a house or apartment) equipped with an electrical installation older than 15 years. The seller should contact the real diagnosis for any new electrical promise or contract of sale.
On a property submitted to condominium status, diagnosis electric only apply the units. The diagnostician will also ensure spot the presence of certain security systems. Finally, the main task of electrical diagnosis is to identify any electrical equipment is unsuitable for use or at risk of direct contact with live parts, drivers who are not mechanically protected. Always with a view to identify risks that could endanger the safety of persons, an adequate electrical diagnosis must be made by a professional subject to very strict criteria: having an insurance professional, be independent from the transaction, etc.. Under its embodiment, the seller of a property does not have diagnostic power when signing the deed of sale will be unable to evade the implied warranty.
Diagnosis compliance pool
Since the law of January 3, 2003, in order to fight against the risk of drowning, the legislation imposes safety standards specific pool. Since 1 January 2004, whether individual or collective use in the newly built private swimming pools shall be provided with a protection device meeting equally to the new regulatory standards for pool safety that respect the comfort and quality of use. Since 1 May 2004, the existing pools of rentals should also be provided with such a device for safety. At 1 January 2006, these standards have the pool safety equip all other existing pools. Protective barriers must meet the regulations on pool safety by preventing a child under 5 years can access the pool without adult assistance. The blankets must be able to prevent the immersion of a child under 5 years. The shelter shall pool safety by making the pool inaccessible to children under 5 years. The alarm shall have a system to start a child under 5 years can not stop in order to comply with pool safety regulations.
This compliance enacted by the new safety regulations for a private swimming pool outdoor pool which is totally or partially buried (family pool, camping, hotel ...) . No minimum size pond have been defined to describe a pool, spa buried are also affected by the law on pool safety. When a security system is already present, a compliance audit is required (a document certifying substantial compliance with safety standards for pools to be issued by the manufacturer or by a technical inspector).
View factsheets agency IMMOFRONTIERE - Legislation on diagnoses
Diagnosing estate used to evaluate the technical condition of a building and its facilities in terms of technical strength, security, regulatory compliance.
Upon signing the sale agreement, you are obliged to present a number of certificates relating to the presence of asbestos, lead, termite certificate Carrez law, a state of natural and technological hazards and an energy performance assessment. As CREP since August 2008. The diagnoses are real simple Quick and inexpensive.
diagnosis asbestos
Asbestos, a harmful substance par excellence, is banned from use in the real estate industry since 1997. Housing built before that date may nevertheless have traces of this material and thus pose a risk to the health of its occupants. The Code of Public Health therefore obliges the seller of a property built before 1 July 1997 to make a real diagnosis to detect the possible presence of products and materials containing asbestos. The expertise of accommodation will be made by a real estate professional diagnosis.
This diagnosis must be provided by property owner not later than the signing of the sale agreement. In the case of a property managed condominium, only the units will be for asbestos. The expert responsible for diagnosing asbestos attention will therefore have a number of sensitive points of the property such as false ceilings, floor tiles, sound insulation and thermal products and materials used (more 3000 materials containing asbestos are referenced to this day) .
The energy performance
The construction sector is the second largest source of carbon dioxide pollution in France, after transportation. According to the Interprofessional Technical Center for the Study of atmospheric pollution, buildings emit a quarter of all French emissions of CO2, the largest party after the transport sector. According to statistics of the Interministerial Mission for the Greenhouse Effect, the French release of greenhouse gases have soared since 2003 in private housing and offices: +7%, against only 1% for transport. Coming from a European directive of 16 December 2002 on the energy performance of buildings and introduced on 1 November 2006 by Jean-Louis Borloo then Minister of Housing (decree of September 15, 2006) , diagnosis property energy performance (ECD) aims to develop a comprehensive review of energy consumption of a property. Recent studies evaluating the French real estate to be extremely energy efficient, reduce energy losses when housing becomes a priority. In this sense, a real diagnosis ECD will also seek to offer solutions tailored to the owners. Intended
to inform prospective purchasers or tenants of a property on its energy consumption and emission rates of greenhouse gas emissions, must accompany the diagnosis ECD since 1 November 2006 any bill of sale must also, since July 1 2007, be provided by the owner of a rented housing. Directed by a professional diagnosis of housing energy performance takes place in the record of diagnostic techniques necessary for each transaction of a property. This diagnosis is a document that includes the amount of energy actually consumed or estimated to use standardized building or part of the building and a classification based on reference values so that consumers can compare and assess its energy performance. It must be accompanied by recommendations for improving energy efficiency, thus allowing, in case of works or replacement of equipment, optimize interventions to control energy consumption and contribute simultaneously to reduce costs for the occupants and limit emissions of greenhouse gas emissions. It must be established for less than 10 years. However, the diagnosis will only informative. Unlike other diagnoses, such as diagnosis or diagnosis termites lead the purchaser or lessee may not rely on them as against the owner.
Using an energy label similar to that used for household appliances is a factor in favor of ownership. The class thresholds are listed below. A label for energy consumption.
The information is supplemented by an indication of the CO2 emissions related to uses included in the label climate below.
A label for the impact of this consumption drive global warming.
Diagnosis of Loi Carrez
Since 1997, the sale of a strata lot that is larger than 8 square meters requires you to enter the private area at the signing of your promise to sell (sale agreement) commonly called the Carrez law expertise. Are excluded from this diagnosis estate, real estate include: garages, basements and parking lots. This real estate certificate aims to ensure that the buyer housing area that is about to acquire but also to protect the seller against any possible use of the purchaser in case of wrong size. The owner can take the initiative to make itself the measures of its housing, however it is advisable to call an expert to realize what real careful diagnosis (only the intervention of a professional real estate can give the diagnosis place to obtain a certificate Carrez law) . The latter will carry out the footage of the units of housing with a laser meter precision.
If no mention of the area is made when selling a property in joint ownership, the buyer is entitled to claim the invalidity of the act within a maximum period of one month from the date of signature. In the event the real diagnosis Carrez law would prove wrong (a difference of less than 5% of the area indicated is tolerated) , the future owner may request a reassessment of the property price according to the error (typically 1% reduction per square meter of difference) . The buyer has one year from the signing of the deed to make this claim.
diagnosis lead
The Act of July 29, 1998 requires sellers of real estate to establish an expert "a statement of risk to lead poisoning" (known diagnosis lead or ERAP) . At the end of this expertise, the expert shall issue a certificate. This certificate must be attached to the unilateral promise to sell an apartment or a house, if the property was built before 1948, or if located in a "zone at risk of lead exposure" bounded by the prefecture. This expertise lead must have been established less than one year from the date of signing the sale agreement. Otherwise, the seller can not evade the implied warranty and could also face criminal penalties.
diagnosis estate lead (or CREP) aims prevention and information vis-à-vis the lead in paint in case of sale of movable property. Any vendor of all or part of a building constructed for residential purposes before 1 January 1949 shall be annexed to the promise or contract of sale a report of risk of lead exposure conducted by a technical inspector or technician Construction diagnostic qualified lead. This qualified diagnostician and must have contracted a professional assurance to enable it to perform confidently diagnosed estate lead.
Failing presentation of diagnosis lead, no disclaimer of implied warranty may be stipulated in respect of defects formed by the risk of lead exposure. If the diagnosis reveals the presence of lead coatings containing lead, it is appended a note of general information intended for the owner, stating the risks of such coatings. This diagnosis lead is then communicated by owner occupants, businesses led to intervene in the local and will be at the disposal of the administration. If the diagnosis reveals lead to lead poisoning, the owner shall, in addition, a copy to Prefect (Departmental Direction of Equipment) . Each building or part of a building constructed for residential purposes before 1 January 1949 must be a real diagnosis lead which must be attached to any promise or deed of sale. A diagnosis will lead the parties requested for residential or everyday use.
Since August 12, 2008, a diagnosis real estate lead must be attached to any new lease for a home built before 1 January 1949. In case of change of tenant (new contract) and whether the absence lead (or acceptable threshold) was evidenced by a previous real diagnosis, it is not necessary to renew the expertise. Achieving a diagnosis lead imposes a cost that is borne by the lessor.
The diagnosis of parasitic state
Since June 8, 1999, sale of real property located in an area considered at risk must be accompanied by a real diagnosis confirming the presence or absence of parasites. With the objective to protect the purchaser and the owner against the agents of biological degradation of wood, the expert must determine, through review of the accommodation if the property is in the grip of an infection, identify the affected areas and possibly type of parasite.
Since 1999, the legislation requires the mayor to maintain an inventory of the contamination of their communities. Meanwhile, each department must define the areas of its territory infected by parasites. Within these geographical areas, any property or undeveloped should be a statement from city hall in the presence of termites or other wood-eating pest is detected. Related to buildings and condominiums, only private parties are subject to termite real diagnosis. The expert in charge of a termite diagnosis should indicate the property concerned, parts of it that were visited, and finally specify the infested by the parasite. It should be noted that the professional performing this diagnosis can inform the property owner on the work and possible treatment but not achieve himself. Achieving a diagnosis must termite since 1 November 2007, be entrusted to a professional meeting the requirements detailed in Articles L.271-4
to L.271-6 of the Code of Construction and Housing .
Diagnosis of natural and technological hazards
Diagnosis of natural and technological hazards on any real estate transaction. It must be attached to any kind of written lease, reservation of property in the future state of completion of the sale agreement or instrument making or evidencing the sale of real estate or undeveloped. Purchasers or lessees of property of any kind must be informed by the seller or lessor, whether or not a real estate professional, the existence of natural and technological hazards to which this property is exposed. A risk diagnosis based on information provided by the prefect of the department to the mayor of the municipality where the property is located, must be attached to any kind of written lease, the reservation for sale in the future state completion of the sale agreement or instrument making or evidencing the sale of that property whether developed or undeveloped.
This disclosure requirement of natural and technological hazards (diagnosis ERNT) applies in all municipalities with a list drawn up by the prefect of the department, property or undeveloped property located within the perimeter of exposure to natural and technological risks defined by a plan to prevent technological risks having been approved by the warden or an area prone to natural and technological risks defined by a prevention plan for foreseeable natural risks approved by the warden or some provisions were made immediately enforceable under the Environmental Code (art. L. 562-2) and finally within the perimeter under consideration in the context of developing technological risk or a prevention plan for natural hazards predictable down by the Magistrate.
Diagnosis of natural and technological hazards (ERNT) is established directly by the seller or lessor, where applicable, with the help of a professional who works in the sale or rental of the property. This diagnosis should be established less than six months prior to entering into any kind of written lease, the reservation for sale in the future state completion of the sale agreement or instrument or carrying out the sale of property to which it is attached. ERNT diagnosis is valid for the entire duration of the contract and its possible renewal. In case of roommates, it is provided to each signer on his first entry into the premises. Where appropriate, it is updated in case of a deferred entry of one of the roommates. The condition of natural and technological hazards mentioned seismicity and natural or technological hazards addressed in the plan or plans of prevention and to which the property is exposed. This state is accompanied by extracts of reference documents to locate the property against these risks.
Diagnosis gas
In accordance with Decree No. 2006-1147 of 14 September 2006 on the state of the domestic gas installation in some buildings, since 1 November 2007, the seller a property equipped with an installation older than 15 years shall, at the housing transaction, provide diagnostic estate specific diagnosis is gas. This assessment will aim to detect possible risks to health and safety of occupants. The diagnoser
performing the certificate Conformance gas installation of a property will pay attention to various spots. He will also check the fixtures of natural gas supply (boiler, radiators, etc.). , and the condition of pipes and fittings. We will monitor the equipment for producing hot water and assess ventilation and aeration of the property. After the diagnosis, real estate, has compiled a professional record of installing natural gas used in the following categories: no risk, low risk, immediate threat seriously. The discovery of a malfunction causing a hazard requires the diagnostician to refer to the gas distributor: gas supply may then be suspended. Achieving a real diagnosis gas deals with visible and accessible parts of the facility and generally requires no removal of components.
Diagnosis electric
Since 1 January 2009, electrical diagnosis has integrated the list of diagnoses estate must make when selling a home, be it a house or an apartment. Entry into force carried by terms defined by the implementing decree of 22 April 2008, published in the Official Journal of 24 April. Achieving a diagnosis power for only the sale of a property (be it a house or apartment) equipped with an electrical installation older than 15 years. The seller should contact the real diagnosis for any new electrical promise or contract of sale.
On a property submitted to condominium status, diagnosis electric only apply the units. The diagnostician will also ensure spot the presence of certain security systems. Finally, the main task of electrical diagnosis is to identify any electrical equipment is unsuitable for use or at risk of direct contact with live parts, drivers who are not mechanically protected. Always with a view to identify risks that could endanger the safety of persons, an adequate electrical diagnosis must be made by a professional subject to very strict criteria: having an insurance professional, be independent from the transaction, etc.. Under its embodiment, the seller of a property does not have diagnostic power when signing the deed of sale will be unable to evade the implied warranty.
Diagnosis compliance pool
Since the law of January 3, 2003, in order to fight against the risk of drowning, the legislation imposes safety standards specific pool. Since 1 January 2004, whether individual or collective use in the newly built private swimming pools shall be provided with a protection device meeting equally to the new regulatory standards for pool safety that respect the comfort and quality of use. Since 1 May 2004, the existing pools of rentals should also be provided with such a device for safety. At 1 January 2006, these standards have the pool safety equip all other existing pools. Protective barriers must meet the regulations on pool safety by preventing a child under 5 years can access the pool without adult assistance. The blankets must be able to prevent the immersion of a child under 5 years. The shelter shall pool safety by making the pool inaccessible to children under 5 years. The alarm shall have a system to start a child under 5 years can not stop in order to comply with pool safety regulations.
This compliance enacted by the new safety regulations for a private swimming pool outdoor pool which is totally or partially buried (family pool, camping, hotel ...) . No minimum size pond have been defined to describe a pool, spa buried are also affected by the law on pool safety. When a security system is already present, a compliance audit is required (a document certifying substantial compliance with safety standards for pools to be issued by the manufacturer or by a technical inspector).
View factsheets agency IMMOFRONTIERE - Legislation on diagnoses
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