Among the latest diagnostics have built the kit diagnostic technique (DDT): status and risk naturels1 technologiques2. User manual ... Articles L 125-5 and R 125-23 et seq of the environment, provide that any real estate transaction, after 1 June 2006, entails an obligation for information on natural and technological hazards that building is likely to suffer.
In some communes, a state of natural and technological hazards must be prepared in connection with any real estate transaction involving a property or undeveloped. The validity of this state is six months. Among the transactions included: the promise of sale or purchase, contracts of sale, bookings well in the future state of completion, free transfers, exchanges with or without compensation, gifts, inheritance and sharing documents assimilated. Are also bound by this information obligation rentals: residential leases, rentals of holiday apartments and long leases. However, certain acts to escape, including construction of single-family house without providing land or sales under judicial process.
Importance of location of the building
Fortunately, all the buildings are not affected. The disclosure requirement is only necessary in the Commons on a list adopted by the prefect. Are thus concerned municipalities located:
- In a seismic zone. Only, Guadeloupe and Martinique are in zone III, the highest. In metropolitan France, the city of Nice is located in Zone II, where the seismicity is considered average.
- In an area covered by a plan of prevention of technological risks. And some municipalities are they affected by the nuclear risk because of their proximity to a power plant.
- In an area covered by a prevention plan for foreseeable natural, prescribed or approved.
Unlike other diagnoses of DDT, this state can be established by the owner himself. To do this, it will download and complete the form, after retrieving the necessary information from the prefecture and city hall on which the well. It is also possible to use the professional that will establish other diagnoses, especially since his will be liable for any inaccuracies.
Failure to comply with this disclosure (whether state or risk of return) is likely to result in reduction in the amount of the sale or lease, or the cancellation or termination.
Three other diagnoses will become mandatory in the months and years ahead: the state of indoor natural gas, the state of indoor electricity and sanitation not collective, and from 1 July 2007, the energy performance diagnosis.
1 Among the natural hazards: avalanches, forest fire, flood, landslide, cyclone, storm, earthquake and volcanic eruption.
2 The technological risks are caused by human action. For example, industrial hazards, biological or nuclear.
information on compensation for past losses
Other contingent liabilities for the owner, he must - in addition to the state of natural and technological risks - make a statement on paper free, on claims that have been in the past for compensation following a natural or technological disaster.
These claims must also be occurring in a town which has been the subject of an order of recognition of prior natural or technological disaster.
For more information, see the list of orders.
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