Which surveys are mandatory to sell (energy performance, asbestos, lead, termites, natural risks, electricity, gas)?
The mandatory surveys to sell depend on the property's age, nature and location: energy performance (DPE, always), asbestos (permit before July 1997), lead (before 1949), electricity and gas (installations over 15 years old), termites and the natural-risk statement (ERP) depending on the zone. They form the technical survey file.
The technical survey file (DDT)
Article L.271-4 of the French Construction and Housing Code (CCH) requires the seller to attach a technical survey file to the preliminary contract, and then to the deed of sale. This file brings together all the surveys applicable to the property concerned.
Not all surveys apply systematically: they depend on the construction date, the use (residential or not) and the geographic location. They must be carried out by a certified surveyor, at the seller's expense.
The surveys and their conditions of application
- Energy performance (DPE): mandatory for any home, apart from a few exceptions. Since 1 July 2021, it is binding (the buyer can rely on it).
- Asbestos: mandatory if the building permit was issued before 1 July 1997.
- Lead (CREP): mandatory for homes built before 1 January 1949.
- Electricity and gas: mandatory when the interior installation is more than 15 years old.
- Termites: mandatory only in zones defined by prefectural order.
- Natural-risk statement (ERP): mandatory when the property is located in a zone covered by a risk plan or regulation (flooding, earthquake, radon, technological risk, etc.).
- Non-collective sanitation: mandatory for properties not connected to the main sewer.
- Depending on the case: information on the presence of a dry-rot (mérule) risk in defined zones, statement of aircraft noise nuisance, or an energy audit for homes in the most energy-inefficient classes.
Validity period of each survey
Validity is assessed on the day the authenticated deed is signed. A survey that has expired by that date must be redone. The main validity periods are as follows:
- Energy performance (DPE): 10 years (for DPEs carried out since 1 July 2021).
- Asbestos: unlimited if none is found; where present, a new assessment may be required.
- Lead (CREP): unlimited if the result is negative; 1 year if lead is present.
- Electricity and gas: 3 years for a sale.
- Termites: 6 months.
- Natural-risk statement (ERP): 6 months.
- Non-collective sanitation: 3 years.
Frequently asked questions
Who pays for the property surveys?
The surveys are borne by the seller, as they fall under the seller's duty to inform the buyer. They must be entrusted to a certified and independent surveyor holding professional liability insurance.
Can you sell without an energy performance certificate (DPE)?
No, apart from limited exceptions. The DPE must be carried out even before listing the property for sale, since its result (energy class) must appear in the property advertisement. A missing or erroneous DPE can engage the seller's liability.
What does the seller risk if a survey is false or missing?
Depending on the survey and the loss suffered, the buyer may request a price reduction or, in serious cases, cancellation of the sale and damages. The surveyor's liability may also be engaged. Accurate information therefore protects the seller above all.
Is the DPE really binding?
Yes. Since 1 July 2021, the DPE has full legal value: the buyer can seek redress from the seller if the information on energy performance turns out to be inaccurate, as with the other surveys.
Read next
- Code de la construction et de l'habitation, article L271-4 (Légifrance)
- Code de l'environnement, article L125-5 (état des risques) (Légifrance)
- Service-Public.fr : Diagnostics immobiliers obligatoires pour une vente
- ADEME : diagnostic de performance énergétique (DPE)
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