Which are the obligations of the salesman within the framework of the sale of a real estate?

I am owner, certain diagnoses are obligatory to realize at the time of a sale; In particular state of the building relating to the presence of termites, law square, diagnosis asbestos, expertise lead, energy diagnosis of performance, state of the natural and technological risks... Which are my legal obligations?

Which is the type of your real estate?						-- Type of good -- Apartment House Commercial room or offices
Is the good it in joint ownership?						-- Joint ownership? Yes Not
Which is the year of construction of this good?						-- Year of construction -- Before 1949 Between 1949 and on July 1, 1997 Aprés on July 1, 1997
Does the good have an installation with gas of more than 15 years?						-- Plant gas of more than 15 years? -- Yes Not

Summary of the obligatory diagnoses: Asbestos, square, termites, lead, DPE, State of the natural and technological risks, gas, electric installation

Was the building the subject of a search for asbestos? (Articles R 1334-14 and following Codes public health - Decree 5/09/06)

There are two obligations:

Search for asbestos in the common and privative parts: (only for the apartment buildings and according to the date of the permit building. The houses are not concerned):

According to results', the owners are held, either with a periodic control of the state of conservation of materials, or with a monitoring of the level of dust contamination, or with work of suppression of the risks related to asbestos.
In the residential buildings whose permit building was delivered before July 1, 1997, a technical dossier "asbestos" must be established before December 31, 2005. A summary card of this file can be consulted by the occupants and companies charged with travaux.(Décret of July 29 2004).

The report asbestos at the time of the sale of the good:

For any apartment building or house whose permit building was delivered before July 1, 1997: at the latest at the date of a commitment to sell or promise, at the date of the notarial act of sale, you must produce a certificate relating to the search for asbestos. For the common parts of apartment building, it is the summary card which is produced. The houses are also concerned. With defect, you cannot you exonerate guarantee of the hidden defects consisted the presence of asbestos.

Termites: Which are your obligations? (Article R 133-1 Codes construction and dwelling - Decree 5/09/06)

Your obligations: as soon as you are informed of the presence of termites in the building, you must make the statement near the municipal services of it. A setting in residence can be sent to you by the Mayor in order to proceed, in the 6 months with preventive work and of eradication. The contraveners are liable to penal fines. The good put on sale is located in a contaminated zone: you must make establish a "parasitic state" (which will be replaced by a "State of the building relating to the presence of termites" dice on November 1, 2007) which will be annexed to the sale contract. Caution: the parasitic state must have less than 6 months at the date of the preliminary contract or the notarial act. It must be in conformity with a regulated model, established by an approved professional. Which are the goods concerned? Any built building that they are apartment buildings, joint ownerships or not, houses, not built dependences but also buildings.

Lead and risks of lead poisoning (Article L 1334-1 Codes public health - Decree and stopped 25/04/06)

1. 1) Risk of exposure to lead : it relates to the buildings built before January 1, 1949, comprising coatings degraded and attended by minors. Any risk of exposure to lead must be announced to the prefect. This one diligent a diagnosis (situation of the families, possible lodging, deadline from 1 to 3 months to undertake work).
   
2. 2) Operations in any apartment building built before January 1, 1949: if this work is likely to cause a substantial deterioration of the coatings, a report of the risks of exposure to lead (CREP) must be established. In any event, even in the absence of work, it must be established before August 12, 2008 (decree to be appeared).

You sell: which are your obligations?
For any type of residential building built before January 1, 1949, you must produce a report of the risks of exposure to lead (CREP), going back to less than one year. It is annexed to the commitment to sell or promise with the notarial act. The initial report could be joined to the following changes, if it concludes with the absence from risk. If not a new diagnosis will be carried out. In joint ownership, the search for lead relates only to housing, other than the common parts. As from August 12, 2008, this report will be joined to any lease of dwelling, under penalty of penal sanction.

Sale of a housing in joint ownership: The privative surface so appellée "law square" must be mentioned (Law Square 18/12/96 - decree 23/05/97)

• Of which residences S’does act it? Any housing in joint ownership D’a surface at least equal to 8m². The residences sold on plan as well as the houses are not concerned.
• Of what does consist the surface? It S’acts of the surface of the floors of the buildings closed and covered after deduction of the partitions, walls, steps and cages D’staircase, sheaths, embrasures of doors and windows. The buildings D are excluded’a height lower than 1,80 m, the loggias, balconies, terraces as well as the appendices, cellars, garages, gardens.
• Which will be the sanction? - If L’sale contract does not mention surface, L’purchaser lays out D’a deadline D’one month to ask for to the judge the nullity of L’act. If surface N’were not mentioned in L’preliminary contract, but figure in L’act notarial, L’purchaser cannot call upon nullity. - If L’act mentions a surface upper of more than 5% than real surface, L’purchaser can, within the maximum time D’one year as from L’act notarial, to require of the judge a reduction in the price in proportion to the number of m² lacks. The expenses of notary, related to the sale, will be also decreased according to the new price.

Prevention of the natural and technological risks (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) (Article L 134-1 Codes construction and dwelling - Decree 15/09/06)

It makes it possible to be informed on the thermal characteristics (heating, production of hot water, consumption of energy...) and relates to any type of building.
As from November 1, 2006, a diagnosis, going back to less than ten years as from the preliminary contract or the notarial act, must be produced at the time of the sale of a housing. The bearing DPE on whole or part of new building (deposit of request of the permit building posterior to the 30/06/07) will have also to be given to the owner at the time of the reception of the building.
From July 1, 2007, the DPE must be joined to the leasing agreement.
The DPE has only one informative value.

Diagnosis of the electric installation (Article L 134-7 CCH - Law 13/07/06)

In the event of sale of a housing with use of dwelling, obligation to establish a diagnosis of the electric installation, if this one has more than 15 years. In joint ownership, alone is concerned the privative part. In the event of absence of the diagnosis at the time of the signature of the notarial act: impossibility for the salesman of exonerating guarantee of the hidden defects. This measurement will come into effect during 2007 (decree to be appeared).

Diagnosis gas (Article L 134-6 CCH - Law 03/01/06 - Decree 15/09/06)

As from November 1, 2007, any privative installation of gas (natural or not) realized for more than 15 years has had to be diagnosed in the event of sale. This certificate must be established since less than one year at the date of the commitment to sell or notarial act. In joint ownership, only housing is concerned, other than the common parts. In the event of nonrespect of the obligation, the salesman cannot exonerate guarantee of the hidden defects.

Ascenceurs (Article L 125-1 CCH - Law 02/07/03 - Decree 09/09/04)

Cut off dates of setting in safety of the elevators:

July 3, 2008 for the elevators installed before August 27, 2000

- July 3, 2013 for the installations former to January 1, 1983 - July 3, 2018 for the posterior installations on this date. - Obligation to conclude a service contract and to hold a notebook of maintenance. - vehicle Inspection every 5 years: for the elevators installed before July 3, 2003, the 1st control must intervene at the latest on July 3, 2009; for an installation as from July 3, 2003, in the 5 years following this one. Any titular person of a title of occupation will be able to consult the technical report/ratio of controller. Nonthe respect of these obligations is the object of penal sanctions.

Sale of housing: The technical dossier

The report lead, research D’asbestos, L’state parasitic will be gathered soon in a TECHNICAL DOSSIER (article L. 271-4 CCH). It includes/understands also L’state of L’interior installation of natural gas. Nonthe production of L’one of these four documents does not allow to the salesman S’to exonerate guarantee of the hidden defects. Are also integrated into the single diagnosis but only for information (not of sanction): The diagnosis of the energy performances (article L. 134-1 CCH). L’state of the natural and technological risks (zones of L’article L. 125-5 of the Code of L’environment).