What are the mandatory property diagnostics?
The mandatory diagnostics depend on the property and the transaction. At the point of sale, these include the EPC, asbestos, lead (CREP), the state of risks (ERP), gas, electricity, termites, non-collective sanitation and the Carrez measurement. For rental, a more limited set applies.
The technical diagnostic file (DDT) at the point of sale
During a sale, the seller must annex to the preliminary contract and then to the deed a technical diagnostic file (DDT) bringing together all the diagnostics applicable to the property. Their number depends on the age, the location, the type of property and the equipment present.
Some diagnostics are only required under certain conditions: for example the termite diagnostic only in areas delimited by prefectoral order, or non-collective sanitation only for properties not connected to the main sewer.
- EPC (energy performance certificate)
- Asbestos (buildings whose building permit predates 1 July 1997)
- Lead / CREP (dwellings built before 1 January 1949)
- State of risks and pollution - ERP (depending on the area)
- State of the internal gas installation (installation more than 15 years old)
- State of the internal electrical installation (installation more than 15 years old)
- Termites (in areas delimited by prefectoral order)
- Non-collective sanitation (properties not connected to the public network)
- Carrez Act measurement (lots in co-ownership)
- Energy audit (single ownership, depending on the class and the timetable)
The mandatory diagnostics for rental
For the rental of a dwelling used as a main residence, the landlord must hand the tenant a more limited technical diagnostic file, annexed to the lease. It includes in particular the EPC, the CREP (lead) for dwellings built before 1949, the state of risks (ERP) and, where applicable, the states of the gas and electrical installations more than fifteen years old.
The EPC in a rental context is legally binding and, via the energy decency criterion, determines the very possibility of renting the property out.
- EPC
- CREP / lead (dwellings built before 1949)
- State of risks and pollution (ERP), depending on the area
- State of the gas and electrical installations more than 15 years old
- Asbestos: report kept available to the tenant on request
Validity and liability
Each diagnostic has its own validity period: 10 years for the EPC, 6 months for the termite diagnostic, 3 years for gas and electricity at the point of sale, 6 months for the ERP. The asbestos diagnostic is in principle of unlimited duration when the report is negative, but reports carried out before 1 April 2013 must be renewed. These periods must be checked at the time of the transaction.
A missing, expired or erroneous diagnostic can trigger the liability of the seller or the landlord. Where certain diagnostics are absent, the seller cannot exempt themselves from the warranty against hidden defects for the elements concerned, and the buyer can take action against them.
Frequently asked questions
Are all diagnostics required for every property?
No. The list depends on the property: year of construction, location in a risk area, presence of gas or electrical installations, connection to sanitation, co-ownership status. The surveyor determines those that apply to your dwelling.
Who pays for the diagnostics, the seller or the buyer?
At the point of sale, the diagnostics are borne by the seller, who must compile the technical diagnostic file. For rental, they fall on the landlord. The cost may nevertheless be a point of negotiation in certain situations.
What happens if a diagnostic is missing?
The absence of certain diagnostics deprives the seller of the benefit of the clause exempting them from the warranty against hidden defects for the element concerned. The buyer can then claim compensation, or even the cancellation of the sale or a price reduction depending on the case.
Read next
- Code de la construction et de l'habitation, articles L.271-4 à L.271-6 (dossier de diagnostic technique)
- Loi n° 89-462 du 6 juillet 1989, article 3-3 (diagnostics en location)
- Loi n° 96-1107 du 18 décembre 1996 (loi Carrez)
- Service-Public.fr - Diagnostics immobiliers obligatoires
- Notaires de France - Le dossier de diagnostic technique
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