Technical diagnosis SRU.
Law n° 2000-1208 of December 13, 2000 known as Law SRU.
Law SRU préçise that very put in joint ownership D’a building built for more than 15 years has had obligatorily to be preceded D’a technical diagnosis technique.Le diagnosis SRU carries report of L’apparent state of the solidity of the field and cover, and of that of the collective conduits and drains as well as common equipment and of safety.
Technical Diagnosis SRU has one period of 3 years validity, and must be presented by the notary to the purchasers.
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Law SRU (Solidarity and Urbain renewal)
The law relating to solidarity and the renewal
urban, known as law SRU, was adopted on December 13, 2000.
This reform D’scale comprises 3 shutters:
- L’town planning;
- transport;
- L’habitat;
We extracted the provisions from them relating to L real
activity’more specifically:
- the time of retractation;
- regulation on the payment of the ground to be built;
- L’obligation of the financial backer to deliver a
decent housing.
Times of retractation and reflexion
A right of 7 days retractation exists for the
informal agreements bearing on the new residences (like the
preliminary contracts with the sale D’real to build and
the contracts of CMI), and on the residences old D’dwelling.
It S’thus applies:
with the unilateral or synallagmatic promises of sale passed
under private signature;
- with the sale contracts passed under private signature S’they N’were not preceded D’a
promise.
Out of matter D’notarial acts, time for
consideration 7 days is applicable. It concerns:
- unilateral or synallagmatic promises of sale passed in front
of notary:
- certain sale contracts in front of notary not preceded D’a commitment to sell.
Regulation of the payments D’money
The principle:
When L’act (bearing preliminary contract on
construction or L’acquisition D’a housing)
is concluded under private signature or by notarial act, no one cannot
receive L’nonprofessional purchaser, directly or
indirectly, a payment with some title that it is before L’expiry of the period of retractation or reflexion.
Nonthe compliance with this rule is sanctioned by a fine of
30000 €.
Exceptions:
Certain legislative provisions authorize the payment
(during the time of retractation) D’a deposit within the
framework of the contract of construction D’a house or in
that of the contract of reservation in the event of real sale’D to build.
If L’act is concluded by L’intermediate D’a professional laying out D’a financial guarantee (real estate agent), L’reaching the property will be able to pay a sum D’money with this last lasting the time of retractation,
with load for the professional to restore L’money under
21 days as from the following day of retractation, if L’purchasing retracts.
Unilateral engagement D’purchase:
The text pronounces the revocation of unilateral
engagements D’purchase (promise D’purchase) dice at the time qu’a payment is
required or received on behalf of that which S’engages.
This text relates to all the real goods and not only housing.
Information on the description of the ground to be built
An obligation D’information was
founded by law SRU for any unilateral promise of sale or D’purchase or any contract carrying out or noting the sale
D’a ground, dice at the time L’act
mentions L’intention to build a building with use D’dwelling or mixed use D’dwelling and
professional. L’purchaser must be informed if the
description of the ground results D’a demarcation.
The mention of the description of the ground resulting from the
demarcation must obligatorily be registered in the promise or the
contract, when the ground is:
- a batch of allotment;
- Resulting D’a division carried out with L’interior D’a Zone D’Installation Concerted (ZAC) by the public or deprived
person charged with L’installation;
- Resulting D’a regrouping carried out by an urban
land association;
An action for annulment can be brought on the base of L’absence of these mentions.







