State of the building relating to the presence of termites
To check if a commune is subjected in a state of the building relating to the presence of termites
In order to give to L’purchaser D’a good located in zone contaminated (delimited by prefectoral decree) complete and precise information on L’real state of this one, the salesman nonprofessional D’a built building located in such a zone, must annex to the commitment to sell or, with L’act authenticates a state of the building relating to the presence of termites established since less than six months at the date of the promise and of L’notarial act.
Code construction and L’dwelling: art. L. 133-6
State of the building relating to the presence of termites: Which obligations? For which?
The Code of construction and L’dwelling (articles L. 133-1 with L. 133-5 and R. 133-1 with R. 133-8) defines the conditions under which the prevention and the fight against the xylophagous termites and the other insects are organized by the authorities in order to protect the buildings.
The device set up relates to only the termites and fixes the responsibilities for each actor against the termites : owners and occupying D’real, State (by the prefect), people who carry out the demolition, professionals who establish the diagnoses or carry out the operations of treatment and the communes.
More particularly the device safety against the termites prescribes D’a share an obligation of declaration of the infested hearths and measurements D’eradication in the infested zones and D’different leaves L’obligation to provide a state relating to the presence of termites in the event of sale in the zones delimited by prefectoral decree.
I L’OBLIGATION FOR The OWNERS OR OCCUPYING D’REAL BATIS AND NOT BATIS OF DECLARATION OF The HEARTHS INFEST BY The TERMITES.
As of qu’it is informed of the presence of termites in a built building or not built, L’occupying of L’real contaminated or failing this the owner, is held D’to carry out the declaration in town hall of it. When the termites are present in the common parts D’a building subjected to the law on joint ownership, the declaration falls to the trade union of the joint owners.
The declaration in town hall of the presence of termites is addressed to the mayor of the commune of the place of real situation of’L per letter registered with request D’notice of receipt or filed in against discharge in town hall.
The declaration specifies L’identity of the informant and the elements D’real identification of’L. It mentions the revealing indices of the presence of termites and can for this purpose being accompanied D’a state relating to the presence by termites. It is dated and signed by the informant.
II MEASURES TO BE TAKEN IN ZONES CONTAMINEES
- Search for termites and work preventive
Delimitation of the contaminated or likely zones L’being by the termites by prefectoral decree.
When in one or more communes of the hearths of termites are identified, a prefectoral decree delimits the contaminated or likely zones L’short-term being.
This decree, taken on proposal or after consultation of the interested town councils, is posted for three months in the town halls of the zones concerned.
Mention of L’stopped and the methods of consultation of this one is inserted in apparent characters in two regional or local newspapers diffused in the department.
L’stopped and its appendices possible can be
consulted in the town halls of communes concerned thus qu’with the prefecture.
L’stopped prefectoral bearing modification or
suppression of the zones makes L’object of the same
formalities and measurements of publicity.
Injunction of search for termites and preventive work or D’eradication necessary
In the sectors delimited by the town council, the mayor
can enjoindre with the real owners’D built or not built
to proceed in the six months in the search of termites, thus qu’with work of prevention and D’eradication
necessary. L’injunction is taken in the form D’a decree and is notified to the real owner of’L.
The owner justifies respect of L’obligation of search for termites while addressing to the mayor a state of the building relating to the presence of termites established by a person exerting L’activity D’appraises or of diagnosis of the presence of termites, indicating the parts of L’real visited and those N’which could have been visited, the elements infested or having been infested by the presence of termites and those which are not it, as well as the date of his establishment. The diagnostiquor will have, as from November 1, 2007, certified being and to comply with specific rules D’organization and D’insurance.
The owner justifies respect of L’obligation of realization of preventive work or D’eradication by addressing to the mayor a certificate, established by a person exerting L’activity of treatment and fight against the termites distinct from the person having established L’state relating to the presence of termites, certifying qu’it carried out corresponding work.
In the event of deficiency of the owner and after setting
in residence remained unfruitful with L’expiry D’a time allowed by the mayor, this last can, on
authorization of the president of the Court of Bankruptcy ruling as as
regards summary procedure, to make proceed D’office and
to the expenses of the owner, in the search of termites, thus qu’with work of prevention or D’eradication
necessary.
The amount of the expenses is advanced by the commune. It
is recovered as as regards direct taxation.
- Obligations in the event of demolition
In the event of total or partial demolition D’a building located in the perimeters delimited by L’stopped prefectoral, the wood and the materials contaminated by the termites must be incinerated on the spot or treated before any transport if their destruction by incineration on the spot N’is not possible.
The operations D’incineration on the spot or of treatment before transport of wood and materials contaminated by the termites must make L’object D’a declaration in town hall by the person who proceeded there.
This declaration is addressed to the mayor of the commune of the place of real situation of’L per letter registered with request D’notice of receipt or filed in against discharge with the town hall.
The declaration specifies L’identity of the person having proceeded to these operations and mentions the elements D’identification of L’real D’where come wood and materials from demolition contaminated by the termites as well as the nature of the operations D’incineration or from treatment carried out and the place of setting in discharge of materials. It is dated and signed by the informant.
III SALE D’A BUILDING IN A ZONE DELIMITEE
In order to give to L’purchaser D’a good located in zone contaminated (delimited by prefectoral decree) complete and precise information on L’real state of this one, the salesman nonprofessional D’a built building located in such a zone, must annex to the commitment to sell or, with L’act authenticates a state of the building relating to the presence of termites established since less than six months at the date of the promise and of L’notarial act.
With defect, salesman nonprofessional N’does
not have the possibility S’of exonerating guarantee the
vice one hidden consisted the presence of termites.
L’state relating to the presence of termites
identifies L’real concerned, indicates the visited parts
and those N’which could have been visited, the infested
elements or having been infested by the presence of termites and those
which are not it, as well as the date of its establishment.
As from November 1, 2007, it must be established by a certified professional.
PROTECTION COUNTERS THE XYLOPHAGOUS INSECTS
New technical constraints intended to resist the xylophagous insects are integrated in the Code of construction and L’dwelling (article R. 112-2 with R. 112-4). The new buildings must from now on be designed and built in order to resist L’action of the termites and other xylophagous insects.
SUBSIDY ANAH
The subsidy of L’ANAH can be granted to the owners financial backers and to the occupying owners (under conditions of resources) provided the curative or preventive treatment complete and is carried out by an approved company.
Source: http://www.logement.gouv.fr
How to protect your dwelling?
- With L’interior of your dwelling
- To make treat the floors, the beams, the doors and the windows attacked.
- To leave the accessible frames.
- To air the cellars and the underfloor spaces.
- To avoid the impermeable coatings on the parquet floors.
- To make carry out the treatment by a qualified professional.
- With L’external of your dwelling
- To avoid any cause D’moisture or D’stagnant water.
- not to store wood counters L’dwelling.
- not to plant too much’D trees close to your dwelling.
- not to put of wood (board, pallet, stake, cross, crate, wood of heating…) or of the pots of flowers in direct contact with the ground.
- To uproot the dead stocks, trees and to cut the dead branches.
- To pose pilot stakes in your garden.
Source: http://www.vaucluse.fr
How to eliminate the termites?
The termites are a threat for your building and its
occupants but also for the inheritance of your neighbors. In L’absence of treatment the termites are propagated and
their contamination can S’amplify.
When a building is infested, two methods of treatment are
possible:
- curative treatment of the building corresponding to a chemical treatment of the grounds, walls and wood;
- use D’soft foods to attract the termites and to destroy them.
Source: http://www.vaucluse.fr
Obligatory documents
Protection of the owners and purchasers of buildings against the termites:
- Explanatory leaflet with the following forms :
- Declaration in town hall of the presence of termites in a building (Article 2 OF LAW N ° 99-471 OF JUNE 8, 1999)
- Declaration in town hall of the operation D’incineration or treatment of wood and materials contaminated by the termites (Article 3 OF LAW N ° 99-471 OF JUNE 8, 1999)
- Parasitic State relating to the presence of termites in a building.
Zones at the termites risk
OurceSource: CTBA
Termites
The termites are social insects. The colony is organized as castes whose representatives show a morphology differentiated:
- reproducers, winged of black color (8 to 10 mm);
- soldiers, blanchâtres (8 mm);
- working termites sterile, blanchâtres and deprived of wings (4 to 6 mm).
Composing the greatest part of the termitière, only the latter are able to work out the bolus, they are responsible for the damage.
The colony gathered in the termitière is generally located in the ground. The principal food of the termite is the cellulose which it can find in the wood put in œuvre, like paperboards, papers, fabrics.
During this research, the termite can degrade many other materials of which it is not nourished. These galleries are dug in the tender ground or materials such as wood, the plastics, the plaster. She can be also built of all parts on the surface of too hard materials like the concrete, leciment or hones it, with a mixture of particles and secretions.
The introduction of the termites into a building is done by the dilation and seals, the electric drains and sheaths like by the underfloor spaces, the jointing of the stone and the cracks.
The network district heating is very favorable to the migrations of the termites of a building to another, of a district to another.
The termite is propagated by swarming; by propagation by cutting; by accidental transport.
The termite is present on the metropolitan territory (in the west and the south) or coexists three species. These animals were introduced in a fortuitous way into the majority of the large Française cities.
One of these species, lives in company of small size, not very virulent and of slow growth. These seasoned wood termites live in the trees and shrubs on foot, with a predilection for the vine stocks. Relatively not very abundant in France, one finds this species in great quantity in Spain.
Another species is present in the moors, the Of Bordeaux one as far as the Dordogne, in the Basque Country.
The last species occupies a surface which extends from the estuary of the Gironde to the Poitevin Marsh on a 100 km depth inside the grounds. The presence is strong on the Island of Oléron which can be considered in certain places a vast termitière.
Source: OBBC development
