The certificate Loi Carrez is obligatory in case of sale of a property. It is measuring living suite surface. The certificate Loi Boutin is obligatory when renting an apartment unfurnished and principal residence. The certificate Loi Boutin doesn’t concern a temporary residence wich is not furnished.
Once the space is measured deduction of certain areas in the proprerty such as partitions, walls, steps, staircase, door areas etc are all taken off the total result measured and the end result is certified by a technician as the loi carrez of the property. According to the current rules, the loi carrez will not include in its total amount any areas in a co-property that are less than a height of 1.8 meters. It also does not include features like balconies and terrasses.
It is permanent unless subsequent work is carried out.
Provided sanctions : action for annulment of the sale in the absence of mention. Demand for lower prices if surface error of more than 5 %.
« Etat de servitude « Risques » et d’Information sur les Sols » (ESRIS) is a report on any natural or industrial risks to which the property may be prone, together with a declaration by the seller on any previous insurance claim(s) on the property relating to a natural disaster.
It is required in those communes where there a risk prevention plan (un plan de prévention des risques naturels) in place or in preparation, or in those areas classified as at risk of seismic movement.
The report must stipulate, for instance, whether or not the property is located in a flood zone, an area prone to earthquakes, major storms, avalanches, subject to ground movement, near a dangerous factory, or in proximity to major lorry routes where dangerous materials are being transported. Since July 2017 it has included a report on exposure to radon.
The report cannot be dated more than six months prior to the signing of the sale contract or lease.
Basic responsibility for providing the risk report lies with the préfecture, in collaboration with the local mairie. They will be able to provide the seller/surveyor with the standard ESRIS form, which you can find by visiting « Geo Risques ».
The landlord must also state separately whether they have previously received compensation from their insurer on a claim resulting from a natural or ‘technological’ disaster on the property, e.g. claim for subsidence, flooding, or storm damage. There should be a form to complete for this purpose.
Where the risk report is not provided a buyer has the right to seek recourse in the courts for cancellation of the sale contract, or a reduction in the sale price.
New : In those areas covered by a plan de prévention des risques or an area where, as defined by regulation, a potential radon risk is present, the buyer must be informed of the existence of the risk. This requirement has been in place since 1st July 2018.
A report on the energy performance of the property is required to give the future owner/tenant some idea of the likely level of energy consumption and heating costs.
The report is called the Diagnostic de Performance Energétique - DPE.
The report must be carried out prior to advertising of the property, so must be shown in the property advert.
The report identifies the estimated consumption of energy of a building based on the usage of electricity (measured by kWh/m2) and the impact of this consumption (greenhouse gas emissions measured in Kg of CO2/m2), and includes recommendations on how to improve the building to reduce these
The report is valid for 10 years.
A report on the presence or otherwise of paintwork that contains lead, in a report called the constat de risque d'exposition au plomb - CREP. This survey requirement applies to all properties built before 1949.
The report cannot be dated earlier than one year from sale completion. If lead is not found to be present, or to be so low as to not be a risk to health, then no further survey is necessary on a subsequent sale of the property.
The survey requirement also applies to the communal areas of a block of flats and to all rental properties let after 1st August 2008. In relation to rental properties the survey must have taken place within the last six years, and where lead is not found, no further survey is required.
Where the large-scale presence of lead paintwork is found the technician undertaking the survey is required to inform the préfecture and the owner can be made to undertake remedial work.
There is no requirement to seek out and to report on the presence of lead piping in the property.
The Gas Diagnostic Certificate (état de l'installation intérieure de gaz) has to be presented together with the lease contract or when selling the apartment.
It is obligatory for gas installations which are over 15 years old. This survey identifies any safety issues with the gas system and specifies the severity.
The report is valid for 3 years in case of rent, 6 years in case of sale.
A report on the presence or otherwise of products or materials containing asbestos, called amiante.
Buildings concerned : All buildings whose building permit was issued before July 1st 1997.
Duration of validity of the document: If no asbestos is detected, the period of validity is unlimited. However, if the presence of asbestos is detected, a new test must be performed within 3 years the delivery of diagnosis.
Provided Sanctions: The seller may be exonerated from the corresponding guarantee of hidden defects . For its part, the buyer can obtain justice in a reduction of the selling price or cancellation of the sale.
A report on the condition of the electricity supply in the property, where the wiring is over 15 years old.
The survey is valid for 3 years in case of rent, in case of sale 6 years.
The survey is called un état de l'installation intérieure d'électricité.
No survey is necessary where a certificat de conformité can be produced as evidence that the property complies with the regulations, provided the certificate is less than three years old.