Real technical diagnosis

Bill of simplification n°2 adopted by the Senate on October 14, 2004
Article 26

"1° Under the conditions envisaged by L’article 38 of the Constitution, the Government is authorized to make by ordinance the provisions necessary to harmonize the methods D’establishment of the states and reports allowing L’information and the protection of the purchasers or the takers of real estate, to envisage the production in a single document of it, and to define the requirements of the professionals who proceed to these states and reports.

2° title III of the Ier book of the code of construction and the dwelling is supplemented by a chapter IV thus written:

" CHAPTER IV
"energy Diagnosis of performance" Art. L. 134-1. - the energy diagnosis of performance of a building or a part of building is a document which includes/understands the quantity of energy actually consumed or estimated for a standardized use of the building or part of building and a classification according to values of reference so that the consumers can compare and evaluate his energy performance. It is accompanied by recommendations intended to improve this performance "It is established by a person or entity satisfying criteria of competence defined by decree as a Council of State.
"the activities of this person must be covered by an insurance against the consequences of its professional responsibility. It should have any bond likely to carry reached to its impartiality and its independence neither with the owners or their agents who call upon it, nor with a company suitable for carry out work on the works, installations or equipment for which it carries out the diagnosis.
"Art. L. 134-2. - At the time of the construction of a building or an extension of building, the building owner makes establish the diagnosis mentioned with the article L. 134-1. He gives it to the owner of the building at the latest to the reception of the building.
"Art. L. 134-3. - I. - As from July 1, 2006, the candidates purchasers can obtain from the salesman of a building or a part of a building communication of the diagnosis mentioned with the article L. 134-1. This diagnosis, provided by the salesman, is attached to any commitment to sell, or promise, notarial act of sale." II - As from July 1, 2007, the candidates tenants can obtain, of the financial backer of a building or a part of a building, communication of the diagnosis mentioned with the article L. 134-1.
"As from the same date, this diagnosis is attached to all new leasing agreement to the expenses of the financial backer.
"III. - the diagnosis aimed to the present article must be established since less than ten years. When the object of the sale or the hiring is a batch of joint ownership, the diagnosis relates exclusively to the privative part of the batch.
"IV. - the energy diagnosis of performance has only one informative value. The purchaser or the tenant cannot prevail themselves of the information contained in this diagnosis against the owner.
"Art. L. 134-4. - In certain categories of buildings, the owner or, if it is necessary, the manager posts for the public the diagnosis mentioned with the article L. 134-1 going back to less than ten years.
"Art. L. 134-5. A decree in Council of State defines the methods of application of this chapter "
II - To supplement this article by a subparagraph thus written:
3° - the 3° of the article L. 224-2 of the code of the environment is removed.

Following L’adoption of this bill, L’article corresponding of the bill D’orientation on energies will be removed.

Project of text D’schedules applying the 1° L’article 26 relating to the real technical diagnosis

Article 1

The single chapter of title VII of book II of the code of construction and L’dwelling is supplemented by the following articles:
"Art. L 271-4.-I. A technical diagnosis, provided by the salesman, is attached to any commitment to sell, or promise, with L’notarial act of sale of whole or part D’real to use D’dwelling, with a nonprofessional purchaser.
II The diagnosis includes/understands the following documents:
1) L’state mentioning the presence or L’absence of materials or products containing of L’asbestos envisaged by L’article L.1334 -13 of the code of the public health,
2) the report of risk D’exposure to lead mentioned with L’L.1334-5 article of the code of health,
3) L’parasitic state mentioned with L’article 8 of the law n°99-471 of 8 June 1999 tending to protect the purchasers and owners D’real against the xylophagous termites and other insects,
4) a state of L’interior installation of gas for D’to evaluate the risks being able to attack the safety of the people, when this installation has been carried out for more than fifteen years,
5) L’state of the natural and technological risks mentioned to the second subparagraph of the I of L’L.125-5 article of the code of L’environment,
6) the diagnosis relating to the energy performance mentioned with L’L.134-1 article of the code of construction and L’dwelling.
III When L’object of the sale is a batch of joint ownership, the documents mentioned above into II, relate exclusively to the privative part of the batch, in L’absence of particular measures relating to the common parts indicated in the corresponding legislative provisions.
IV If at the time of the signature of L’act authenticates sale, one of the documents exceeded its time of validity mentioned with L’article L. 271-5, or if since the signature of the commitment to sell, it appears qu’a new state as envisaged with the n°3 and with the n°5 above is necessary, the new state corresponding is attached to L’notarial act of sale.
V.En L’absence D’one from the states n°1, 3 or 4 or the report n°2 at the time of the signature of L’act notarial of sale, under the conditions envisaged by the relevant provisions, the salesman cannot S’exonerate corresponding guarantee of the hidden defects.
If the diagnosis does not include/understand, under the conditions envisaged by L’L.125-5 article of the code of L’environment, L’state n°5, L’purchaser can continue the resolution of the contract or ask to the judge a reduction in the price "
VI In the event of public sale, the diagnosis is annexed in the schedule of conditions. However, this obligation S’does not apply to the sales made by authority of justice.
"Art. L. 271-5 Compared to the date of the commitment to sell and date of L’act notarial of sale, the documents aimed to II of L’L.271-4 article must be drawn up since:
- less D’one year for the report of risk D’exposure to lead,
- less than six months for L’state parasitic,
- less than three years for L’state of L’installation of gas,
- less than ten years for the energy diagnosis of performance "
"Art. L. 271-6 the states, the report and the diagnosis constituting the technical diagnosis envisaged with L’L.271-4 article, with L’exception of L’state envisaged with the n°5 of I, are establish by a person or entity satisfying criteria of competence determined by decree in the Council D’State.
The activities of this person must be covered by an insurance against the consequences of its professional responsibility attached to the type D’state, report or diagnosis for which it intervenes. It should have any bond likely to carry reached to its impartiality and its independence neither with the owners or their agents who call upon it, nor with a company suitable for carry out work on the works, installations or equipment for which it carries out one of the states, the report or the diagnosis envisaged with L’article L. 271-4. "

Article 2

L’article L. 1334-13 of the code of the public health are thus written:
"a state mentioning the presence, or if necessary, L’absence of materials or products of the construction containing of L’asbestos is attached to any commitment to sell, or, in the absence of promise, with L’notarial act of sale of certain built buildings. This state is established by a person answering the provisions of L’article L. 271-6 of the code of construction and L’dwelling.
In L’absence of L’state annexed at the time of the signature of L’act notarial of sale, the salesman cannot S’exonerate corresponding guarantee of the hidden defects. A decree in council D’State determines the methods D’establishment of L’state as well as the built buildings and the products and materials concerned "

Article 3

I. It is added to L’L.1334-4 article of the code of the public health, L’following subparagraph:
"the operators carrying out a report of risk D’exposure to lead must answer the provisions of L’L.271-6 article of the code of construction and L’dwelling. II. The second and third subparagraphs of L’article L. 1334-5 of the code of the public health are replaced by a subparagraph thus written:
"the report is established by a person answering the provisions of L’article L. 271-6 of the code of construction and L’dwelling ".
III With the second subparagraph of L’L.1334-6 article of the code of health, the terms "with L’one of the above-mentioned acts" are replaced by the terms "with L’notarial act of sale".

Article 4

I L’article 8 of the law n° 99-471 of 8 June 1999 tending to protect the purchasers and owners D’real against the xylophagous termites and other insects is thus written:
"In the event of sale of whole or part D’a building located in a zone delimited pursuant to L’article 3, a parasitic state is attached to any commitment to sell, or, in the absence of promise, with L’notarial act of sale. This state must be established since less than six months at the date of the commitment to sell and the date of L’act notarial. If, at the time of the signature of L’act notarial, this time is exceeded or if, since the signature D’a commitment to sell, a zone including L’real is delimited, a new state is attached to L’notarial act.
No clause D’exemption of the hidden defects can be stipulated at a rate of the defects consisted the presence of termites if L’state mentioned with first subparagraph N’is not attached to L’notarial act of sale "
II L’article 9 of the law n° 99-471 of 8 June 1999 tending to protect the purchasers and owners D’real against the xylophagous termites and other insects is replaced by the following provisions:
"Any parasitic state, any expertise or seek with L’initiative of the mayor or of the prefect is established by a person answering the provisions of L’article L. 271-6 of the code of construction and L’dwelling "

Article 5

The 3rd subparagraph of L’article 17 of the law n°2003-8 of January 3, 2003 relating to the markets of gas and of L’electricity and with the public utility of L’energy is repealed as from the publication of this ordinance
Article 6
The second subparagraph of L’article L. 125-5 of the code of L’environment is replaced by the following provisions:
"a state of the risks based on the information placed at the disposal by the prefect is attached to any commitment to sell, or promise, with L’notarial act of sale. If since the signature D’a commitment to sell, a new zone defined in the first subparagraph covers L’real, a new state is attached to L’notarial act of sale "

Source: http://www.logement.gouv.fr/