Rental diagnoses have become more complex, and the owner's obligations have significantly increased. So, how do you deal with it? One feels very alone in front of such complexity.
To simplify it, Paris Rental summarizes the mandatory diagnoses and documents and explains their duty and validity period.
Complete list of mandatory property diagnostics for rentals
The owner must provide the tenant with the following documents:
A technical diagnostic file (DDT) collects all diagnostics and information to be attached to the lease and sent to the tenant by email, preferably.
Here are the details:
Measurement of living space: an essential diagnosis
The area that must be entered in each unfurnished or furnished lease contract is the living area defined in article R 111-2 of the Construction and Housing Code. There is no need to give proof to the tenant: note the surface in square meters in the lease contract.
The living area is the floor area except the space occupied by walls, partitions, steps, stairways, ducts, doorways, windows, and any part of the accommodation with a height of fewer than 1.80 meters.
Carrez Law or Boutin Law? The calculation rules are practically the same; the only difference is the consideration of any additional areas frequent in properties for sale.
Please note: when the living area of the accommodation is 5% less than that mentioned in the rental contract, the tenant may request a reduction of the rent amount proportional to the difference observed.
The period of validity is unlimited, as long as the owner did no structural work.
Energy Performance Diagnosis (DPE): important details
This diagnosis (DPE) must be carried out in all accommodation units unless the accommodation is intended to be occupied for less than four months per year.
The validity period of the DPE is set at ten years. However, for diagnoses made before July 1, 2021, the validity period has been modified:
- DPEs made between January 1, 2013, and December 31, 2017, are valid until December 31, 2022;
- DPEs completed between January 1, 2018, and June 30, 2021, are valid until December 31, 2024.
The DPE is now opposable. Consequently, in the event of an error in the diagnosis, the lessor's liability may be incurred by the lessee who has suffered damage.
Note: DPEs carried out before the reform of July 1, 2021, are not opposable.
Finally, the DPE has not finished talking about him since the errors observed following its reorganization for more accuracy in July 2021. Details are available on Legifrance:
CREP: Assessing lead risks in housing
This document provides information on the presence of lead in residence built before 1949. Lead is generally present in older paints.
The lead diagnosis consists in measuring the lead concentration in the coatings of the residence to identify those containing lead and describe their state of conservation. It is also used to identify the risk of lead poisoning for children or degradation of the home. This is why this diagnosis is enforceable, and penalties are provided if it does not comply with the regulations.
The period of validity of the CREP is unlimited.
Asbestos diagnosis: identifying potential risks for tenants
The asbestos condition is a document that mentions the presence or absence of materials or products containing asbestos in an accomodation. Any accommodation for which the building permit was issued before July 1997 is affected by this diagnosis.
In the absence of asbestos, the diagnosis has an unlimited validation period. But in the presence of asbestos, the validity is three years.
Inspection of electrical installation: ensuring safety and conformity
The electricity diagnosis is a diagnosis that verifies the safety or not of the electrical installations in the residence. The residence concerned by this diagnosis are those whose electricity installation is more than 15 years old.
The diagnosis is valid for six years.
Gas system diagnostics: preventing gas safety risks
The gas diagnostic gives an overview of the safety of gas installations in residence. All accommodations with a gas installation over 15 years old are concerned.
The diagnosis is valid for six years.
Diagnosis of termites and other xylophagous insects
The termite diagnosis provides information on the presence or absence of xylophagous insects (insects that eat away wood and materials containing cellulose in particular) in residence. This document must be provided if the accommodation is located in an area declared by a prefectural decree.
The condition relating to the presence of termites is valid for six months.
State of natural risks and pollution (ERP)
The owners must inform the future tenant of the risks and pollution to which the accommodation is exposed.
The State of Risks and Pollution (ERP) aims to inform any buyer or tenant of the risks (natural, mining, technological, seismic, presence of radon, and soil pollution) to which the property could be exposed.
Any construction, land, plot, or set of parcels belonging to the same owner or the same joint possession are concerned by this diagnosis.
The owner may be held liable if he does not voluntarily transmit the diagnosis or mentions false information in the rental advertisement. The tenant could then ask for the cancellation of the lease or a reduction in the rent price.
The period of validity of the Statement of Risks and Pollution is valid for six months. It is not necessary to call a diagnostician to establish this status; you can download it from the link: https://errial.georisques.gouv.fr
Airport noise diagnosis
The Noise diagnosis makes it possible to know the existence of airborne noise pollution. It has been mandatory since June 1, 2020, if the property is located in an airport noise exposure area. The noise diagnosis is only informative.
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The administrative and financial burden of diagnoses is heavy. Especially since the owner-lessors render a service to the community. Without them, how to accommodate all the expatriates involved in multinational companies or government organizations in Paris?
Unfortunately, the French administration balances these constraints with so many threats, indemnities, court actions that parasitize tenants' minds and degrade landlord-tenant relations. (It happens that tenants who have chosen the beauty of a Haussmannian building ask for PVC windows and ask for a reduction in rent!)
Some owners are surprised when agencies other than Paris Pental do not ask them for mandatory diagnostics. They are free to ignore the law! Paris Rental and its teams are meticulous in providing the tenant with a complete file. Likewise, Paris Rental invests itself with the same care in the file concerning the tenant.
Remember that the Paris Rental team is here to support you in this effort, so you might as well get it right from the start!
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Credits photo@Remerciez Emmanuel
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