Mandatory Technical Surveys
The Real Estate Surveys are intended to inform the purchaser or the tenant about certain characteristics of the housing that he plans to buy or rent.
An important Survey that should not be overlooked because if there is a significant error in the results of this Survey, the buyer can take a stand against the seller.
The various mandatory Real Estate technical Surveys in case of sale are grouped together in a single file called Technical Survey File (DDT).
The purpose of the real estate Surveys is to clarify the information for the buyer. The mandatory Real Estate Surveys are numerous: ASBESTOS, LEAD, ELECTRICITY, GAS, TERMITES, MERULE, … ETC.
Before any sale or rental transaction, your attention must be paid to the validity date of the Survey. Indeed, if the Survey that you attached to your file are no longer valid, it will not be notarized.
All these mandatory and optional Real Estate Surveys, framed by the law, have a validity period to respect.
For the sake of the consumer protection, The Survey tests assesses:
- Energy Performance Certificate (EPC)
- It should be understood that the validity of the EPC is 10 years, either for sale or for rent.
- Lead Safe Certificate
- Its validity depends of a detected presence.
- If the observation noted the absence of coatings or their presence on the lower to threshold concentrations, its duration is limitless.
- Asbestos Inspection
- The validity period is unlimited with the Surveys made been between April 1, 2013 and the announcement of the absence of asbestos.
- If the results are positive and under certain conditions, the asbestos control is valid for 3 years.
- Termites Test
- The Survey of termites consists of looking for the presence of all wood boring insects. Survey of termites has a period of validity of 6 months.
- Gas Survey
- The gas Survey consists of checking the internal gas installations in order to troubleshoot them to be detected. The validity period of the Survey is 3 years.
- Electrical Installation Survey
- Its validity is 3 years for sale and 6 years for rent.
- Sewer System Report
- The certificate has a period of validity of 3 years.
- Natural, Mining and Technological Risks Survey
- The certificate has a validity of 6 months. (except for rentals)
- Carrez Law Survey
- It is unlimited as long as it has not some major works that has modified the area of housing.
This file must be attached to any promise to sell and any sale of a home and be provided by the owner to the tenant of a living room or a room for mixed use: residential and professional.
It must be written by a professional whose skills have been certified by an accredited corporation and who has taken out insurance covering its responsibility.
Many professionals used to do this type of Surveys. They are more proficient in the calculation methods and the nuances of interpretation of the rules than a particular. Considering the price of Carrez law Survey and the risks in case of any mistake, it is highly recommended to call upon a trained and certified expert in technical Survey.
The Technical Survey of the Condominium Building
The Global Technical Survey (GTD) has become mandatory, on one hand, for all buildings of more than 10 years (total or partial) subject of a co-ownership and, on other hand, for all buildings (total or partial) subject to an insalubrity procedure and for which the administration asks the trustee to produce a GTD.
For the other condominiums, the realization of this Survey which aims to present the state of the building and to fix any work necessary for its conservation and maintenance over the next ten years must be submitted to a vote in a general meeting.
As long as it exists, the Global Technical Survey (GTD) must be provided in case of sale of a lot of condominium or all the co-ownership. The purpose of the GTD is to improve the protection of purchasers of condominium lots as it exist in PORT GRIMAUD.
As a seller:
The cost of preparing the technical Surveys file is the responsibility of the seller.
The notary will inform you about the exact obligations. It is required to provide these documents under penalty of law to be responsible for the consequences of this lack or dismiss information.
Sanctions are provided for non-compliance with these Surveys because the seller can not be exempted from the latent defects guarantee corresponding to hidden defects.
As a buyer:
You should inform yourself of the characteristics of the property that you are planning to buy. These Survey give to the buyer some more precise informations about his investment, his qualities and his defaults.
In the future, other tests will be mandatory to the Survey file, with the constant aim of better information and consumer protection.
The seller is obliged to bring the property into compliance.
If it is not the case, even after the signing of the sale contract, the buyer can obtain in court a decrease in the selling price, or even the cancellation of the sale.
WARNING: Transmitting a real estate Survey that is out of date is legally like forgetting to transmit a Survey. This may result in a cancellation of the sale or a review of the selling price of a property. It is important to note that if a Survey report is missing or incorrect, the sale of a property can be reduced or cancelled.