How do we know if our diagnoses are still valid?
The validity period of real estate diagnoses is variable, it can range from 6 months to 10 years depending on the diagnosis.
Mandatory diagnoses are as follows:
These diagnoses must be grouped in a file called the technical diagnostic file (DDT).
The lessor must attach this file to the lease at the time of signing and in the event of renewal of the lease.
Namely
A copy of the statement mentioning the presence or absence of asbestos must also be attached to the lease, once an implementing decree has been issued.
Note that
Diagnostics must be carried out before the rental by a certified diagnostician, preferably even before the publication of the rental advertisement
Mandatory diagnoses are as follows:
- Energy Performance Diagnosis (EPD)
- Finding of risk of exposure to lead (CREP)
- Copy of the statement mentioning the presence or absence of asbestos
- Condition of the indoor electricity installation if the installation is more than 15 years old
- Status of the indoor gas installation if the installation is more than 15 years old
- State of risks and pollution (natural, mining, technological, seismic, radon...)
- Noise diagnosis
These diagnoses must be grouped in a file called the technical diagnostic file (DDT).
The lessor must attach this file to the lease at the time of signing and in the event of renewal of the lease.
Namely
A copy of the statement mentioning the presence or absence of asbestos must also be attached to the lease, once an implementing decree has been issued.
Note that
Diagnostics must be carried out before the rental by a certified diagnostician, preferably even before the publication of the rental advertisement
What is the validity of real estate diagnoses for a sale and for a rental?
The validity period of the diagnosis depends on its age. If it dates from before April 2013, the diagnosis must be renewed before the sale of the property. If it dates back after April 2013, the diagnosis has an unlimited validity period.
In the event of a sale of the property, the validity periods of the diagnoses are as follows:
In the event of a sale of the property, the validity periods of the diagnoses are as follows:
- Validity of Asbestos Diagnosis - Unlimited if negative, (Decree No. 96-97)
- Validity of Energy Performance Diagnosis (DPE) - 10 years (Decree No. 2011-413)
- Validity of Carrez Law - Unlimited as long as no new work is carried out (Law n ° 96-1107)
- Validity of Electricity Diagnosis - 3 years (Art. R. 271-5 of the Construction and Housing Code)
- Validity of Lead Diagnosis (CREP) - 1 year if positive / Unlimited if negative (Decree No. 2006-1653; Art 4)
- Validity of State of Risks and Pollution (ERP) - 6 months (Decree No. 2005-134; Art 4)
- Validity of Gas Diagnosis - 3 years (Art. R. 271-5 of the Construction and Housing Code)
- Validity of Termite Diagnostics - 6 months (Art. R. 271-5 of the Construction and Housing Code)
In the event of a rental, the validity periods of the diagnoses are as follows:
- Validity of Boutin Law (Living Area) - Unlimited as long as no new work is carried out (Law No. 96-1107)
- Validity of Lead Diagnosis (CREP) - 6 years if positive/ Unlimited if negative (Decree No. 2006-1653; Art 4)
- Validity of Asbestos Diagnosis of Private Portions (DAPP) - Unlimited (Decree No. 96-97)
- Validity of State of Risks and Pollution (ERP) - 6 months (Decree No. 2005-134; Art 4)
- Validity of Electricity Diagnosis - 6 years (Decree n ° 2016-1105)
- Validity of Gas Diagnosis - 6 years (Decree No. 2016-1104)
What if The Diagnostics are Invalid?
If the technical diagnoses are no longer valid, the owner/landlord is liable in the event of disputes. The law requires to provide valid diagnoses to inform the prospective buyer or tenant of the current state of the property.
Do You Have to Redo The Technical Diagnostics?
If work has been carried out on a property, it is not possible to reuse the current technical diagnostics. Thus, a redo is required. Ultimately, the works that altered the condition of the property must be re-inspected.
For example, if you improve openings such as windows and doors to avoid energy loss, the DPE rating will certainly be improved. Similarly, if expansion work is done, the Carrez Law diagnosis will also have to be modified.
Ce qu’il faut retenir :
- The validity periods of your property's existing Technical Diagnostics are not to be taken lightly.
- Not all real estate diagnoses have the same validity periods.
- Their validity periods range from a minimum of 6 months to a maximum of ten years or unlimited.
- The diagnoses are no longer valid if the current owner carried out new work on the property, inevitably changing its current state and condition.
You want to
to sell in Paris or its surroundings ?
Contactez-nous
Posted on 28/12/2022 by
Andy LECUYER
