Obligations at the time of the hiring of a real estate

Prevention of the natural and technological risks within the framework of a hiring of real estate (L125-5 Article Codes L’environment)

Are concerned the zones covered by a plan of prevention of the technological risks, a plan of prevention of the natural risks or zones exposed at the seismic or cyclonic risk.

As from June 1, 2006:
- In the event of sale of any real estate (built or not) the salesman must annex to the commitment to sell or promise, with L’act authenticates a state of the natural and technological risks going back to less than 6 months.
- S’acting D’real built, the salesman must inform L’purchaser on the disasters former having been compensated under natural or technological disaster. The same obligations fall to the financial backer with L’regard of the tenant in the zones concerned.

Energy diagnosis of performance (DPE) within the framework of a contract of a hiring of a good immobilier(Article L 134-1 Codes construction and L’dwelling - Decree 15/09/06)

It allows D’being informed on the thermal characteristics (heating, production D’hot water, consumption D’energy…) and relates to any type D’real.

The DPE Is obligatory since le1er July 2007 for all new signed leasing agreement and any renewal of leasing agreement of real goods. The valid contracts on this date do not enter within the framework of this regulation, but their renewal after this date gives place to a DPE. The tacit extensions of leasing agreements are not subjected to the obligation of supply of a DPE.

With which is invoiced the establishment of the DPE and which has the load of it?

The DPE must be carried out by a legal entity or an individual, who is designated by:

• The owner of a house, a housing in apartment building, a building with use of dwelling or of a building or part of building of use other than that of dwelling, wishing to sell its good. The cost of the establishment of this diagnosis by a professional is with his load and not with that of the purchaser.
• The owner of a house, a housing in apartment building, a building of use of dwelling putting in hiring its good. The cost of the establishment of this diagnosis is the responsibility of the owner and not of the occupant.
• The building owner of a new building. The cost of the establishment of this diagnosis by a professional is with his load and not with that of the future owner except if this last is the building owner.

Are the exceptions of the DPE hiring the same ones as those of the DPE sale?

Yes, the exceptions to the establishment of the DPE at the time of a hiring are the same ones as those quoted in the R134-1 article of the code of construction and the dwelling. A decree to be appeared will come repréciser the field of application from the DPE sale and will specify the field of the DPE at the time of the hiring. The tertiary buildings for the moment are excluded from the lawful framework of the DPE hiring.

Does one have to provide the DPE at the time of the tacit extensions of leasing agreements?

Not, the DPE hiring is to be provided only to the signing and the renewals of leasing agreements.

Is the DPE obligatory for the seasonal hirings?

Yes, the DPE is obligatory for the seasonal hirings when the total duration of use of housing exceeds four months per annum, whether it is by way of hiring or for another reason.

Is the DPE required for the old people's homes, the residences out of hearths or the residence halls?

The old people's homes and the residences out of hearths are not subjected to the DPE insofar as it is not a question of but title leasing agreements of occupation or contracts of stay. On the other hand, the residence halls are subjected to DPE.

At which time does receive one it energy diagnosis of performance in the case of a hiring?

For the hiring, the owner gives the DPE (inserted in the technical diagnosis) to the tenant to the signature of the contract or his renewal. The candidate tenant can ask (according to the L134-3 article of the Code of Construction and the Dwelling) so that the owner who puts in hiring a room, provide him the DPE as of his marketing.

Lead and risks of lead poisoning (Article L 1334-1 Codes public health – Décret and stopped 25/04/06) within the framework of a rental lease.

As from August 12, 2008, this report will be joined to any lease D’dwelling, under penalty of penal sanction.