State of the natural and technological risks
State of the natural and technological risks (decree of the 15.2.05: OJ of 17.2.05)
The purchasers or the tenants of real goods (dwelling or others) located in zones covered by a plan of prevention of the technological risks or by a plan of prevention of the foreseeable natural risks, or in the zones of seismicity defined by decree, will have to be informed by the salesman or the financial backer of the existence of the risks aimed by this plan or this decree. Information is done while annexing to the leasing agreement or any unilateral promise of sale, purchase, and with any contract carrying out or noting the sale, a state of the risks based on the information placed at the disposal by the prefect. The decree of February 15, 2005 specifies the methods of this information and the contents of this state of the risks.
This information on the risks is obligatory in the communes whose list is stopped by the prefect
It relates to the goods located:
- in the perimeter of exposure to the risks delimited by a plan
of prevention of the technological risks approved;
- in a zone exposed to the risks delimited by a plan of
prevention of the foreseeable natural risks approved or of which
certain provisions were made immediately opposable pursuant to the
article
L. 562-2 of the Code of the environment;
- in the perimeter studied within the framework of the
development of a plan of prevention of the technological risks or of a
plan of prevention of the foreseeable natural risks prescribed;
- in one of the zones of Ia seismicity, Ib, II or III (decree of
the 14.5.91: art. 4).
Contents of the prefectoral decrees
For each commune concerned, the prefect takes a
specifying decree:
1° the list of the foreseeable natural risks and the
technological risks to which the commune is exposed on whole or part
of its territory.
2° the list of the documents to which the salesman or the
financial backer can refer:
- in the zones covered by a plan of prevention of the
technological risks approved, like in the zones covered by a plan of
prevention of the foreseeable natural risks approved or of which
certain provisions were made immediately opposable, the graphic
documents as well as the note of presentation of this plan;
- in the zones covered by a plan of prevention of the
technological risks or by a plan of prevention of the foreseeable
natural risks prescribed, the information memoranda prepared on the
initiative of public bodies and held at the disposal of the public,
allowing a delimitation and a qualification of phenomena;
- in the zones of seismicity, the appendix envisaged in article
4 of the decree of the 14.5.91;
- if necessary, decrees carrying or having carried recognition
of state of the natural or technological disaster on the territory of
the commune.
With the prefectoral decree is annexed for each commune a file
including/understanding:
- one or more extracts of the documents allowing to delimit the
zones of the commune exposed to the identified risks;
- a card allowing to specify the nature and, as far as possible,
the intensity of the risks in each zone concerned.
The documents and the file can be consulted in the town halls of
the common interested parties like to the prefecture and in the
sub-prefectures of the department. The prefect addresses a copy
of the decrees to the mayors of the communes concerned and to the
departmental room of the notaries.
Contents of the state of the risks
The state of the risks annexed to the leasing
agreement or any unilateral promise of sale, purchase, and with any
contract carrying out or noting the sale must mention the risks whose
state the documents mentioned and the file annexed to the prefectoral
decree make and to which the building being the subject of the sale or
the hiring is exposed. This state is accompanied by the extracts
by these documents and file allowing to locate this building in
comparison with the incurred risks. The state of the risks is
established by the salesman or the financial backer in accordance with
a model defined by ministerial decree. This state must be
established less than six months before the date of conclusion of the
written leasing agreement, the commitment to sell or the act carrying
out or noting the sale of the real estate.
Entry into force of the obligation of information on the
technological, natural or seismic risks
The obligation of information on the risks which
falls to the salesmen and to the financial backers is applicable as
from the first day of the fourth month following the publication to
the collection of the administrative acts in the department of the
prefectoral decrees, who will have to intervene before February 17,
2006, that is to say at the latest on June 1,
2006. For the tenants, this obligation to
annex the state of the risks relates to the written leasing agreements
"noting the entry in the places of the new tenant". This
provision thus applies only to new subsequently entering to the date
of entry into force of the device.
Sanctions
In the absence of annexation of the state of the risks or information relating to the disasters which have occurred, the purchaser or the tenant can ask the resolution of the contract or for the reduction in the price of the rent for the tenant.
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Source: http://www.anil.org/
