Different statements and established facts to be attached to the sale's contract

The report of any exposition to lead risks

Specified provision in the clauses L. 1334-5 and L. 1334-6 of the health statute book, all 'départements' or area divisions, yet limited to habitable buildings built before the 1.st of January 1949.

The statement mentioning any existence or lack of materials or products containing asbestos

Specified provision in the clause L.1334- 13 of the same statute book, for newly built real estates of which the building permit was issued before the 1.st of July 1997.

Parasite record

The statement related to termites in the construction mentioned specifically in the new clause L. 133-6 in the building and habitation statute book (item issued by the same ordinance) when the building or house is situated in a 'risk' delimited area .

The statement of the condition of natural gas installation

Specified provision of the clause L.134-6 of the same statute book. A record of risks aimed to evaluate the risks involving a danger for people 's health must be produced, in case of resale of the total or part of the habitable building including a natural gas installation for more than 15 years. The record will have to be established less than one year after the date of the sale's act. A decree will specify the clauses.

The statement regarding natural and technological risks

Specified provision in the clause L. 125-5 of the environment statute book.
The vendor of a real estate located in a seismic risk area or an area covered by a plan with safety measures for technological or foreseen natural risk , will be obliged to give a statement established for less than 6 months of natural and technological risks. This document will be attached to preliminary contracts and the sale's contract. The measure will be operational in all towns concerned, at the latest, from the 1.st of June 2006. The measure stops coming into effect at the issue of orders of the 'Préfecture' defining the towns and risks involved.

Mains drainage

Any sale's promise or sale's act made to a non-professional person of habitation building ought to include a diagnostic mentioning that the estate respects the technical rigths applicable to the non collective mains drainage installations or a certificate of connexion to the town mains. This document has to be dated for less than one year at the date of the sale's promise or the sale's act. Note that this already exists in some rural villages for the individual installations.

Diagnostic of energy performance

Specified provision in the clause L. 134-1 of construction and habitation statute book.
From the 1.st November 2006, the vendor and the constructor of a real estate will have to provide a diagnostic of energy performance to the purchaser, evaluating the capacity of consumed energy at a standardised rate of use in the building. This document established for less than 10 years will be attached to the sale's promise or in default a sale's act. It will be followed by recommandations in order to improve this performance.

Note. This diagnostic is purely to inform you.

The documents referring to lead existence and gas installation are only required for the buildings or parts of a building for living purposes.

In terms of co-ownership, the document referring to lead existence concerns exclusively the privative parts of the building meant for dwelling purposes; the papers relevant to termites and gas installation, concerns the privative part of the division, habitation or not.

the sanction given to the vendor for not providing these documents is established for the first four cases :

Impossibility of being exonerated of the corresponding guarantee of vices (concealed imperfections), and for the fifth one - the statement of natural and technological risks - the possible option of the buyer to carry on with the termination of the contract or to ask for a reduction of the price to a judge!

Still the arrangement specifies that the purchaser can't complain against the owner for the information retained in the sixth case ( diagnostic of energy perfomance) which is only to inform you.

Length of validity for different diagnostics

ASBESTOS : no time limit. However an important note when asbestos is present, it is necessary to make periodic checks eventually recommended on the diagnostic paper.

LEAD : The length of validity of this diagnostic is less than one year when lead is present. In the case of absence of lead, the time for validity is permanent.

Parasite statement (TERMITES) :
The lentgh of validity of this diagnostic is 3 months. If one of those documents provided when the sale's promise is signed is not valid any more at the date of the signature of the act, it must be replaced by a new document to be attached to the sale's act. If the statement relevant to lead search shows an absence of lead coating or the existence of a lead coating in inferior quantities to regulation thresholds, there is no need to establish a new report at every change of ownership, as the original statement is attached to the file of the technical diagnostic.