Paris property diagnostics: what you need to know before selling
The importance of real estate diagnostics for a successful sale
Are you an owner looking to sell your property in Paris or the Paris region?
It's essential to be aware of the mandatory diagnostics required for sale. As the seller, you have an obligation to inform the buyer of all the elements likely to influence his or her decision, including the property's health and environmental condition. These diagnostics, required by law, are indispensable for any real estate transaction. Neglecting them, or providing incorrect information, can result in legal and financial penalties.
In this article, find out all you need to know about mandatory property diagnostics for sale, their crucial role and how France Ermitage can support you to ensure a transaction in complete confidence.
Diagnostics and mandatory documents for selling an apartment
When selling an apartment, the seller is required to provide a number of mandatory diagnostics and documents. These are grouped together in the Technical Diagnostic File (DDT)(Dossier de Diagnostic Technique), which must be handed over to the buyer when the promise to sell or the deed of sale is signed.
Mandatory diagnostics :
1. Energy Performance Diagnosis (DPE)
The Diagnostic de Performance Énergétique (DPE) assesses the energy performance and climatic impact of a property. It informs the future buyer of the estimated energy costs, and offers recommendations for improving the property's energy efficiency.
Please note: ECDs carried out between 1ᵉʳ January 2018 and June 30, 2021 will expire on December 31, 2024. On the other hand, those carried out after 1ᵉʳ July 2021 remain valid for 10 years.
2. Lead Exposure Risk Report (CREP)
Required for properties built before 1949, this document detects the presence of lead in paint.
3. Condition indicating the presence or absence of asbestos
Mandatory for homes built before July 1997, it identifies any materials containing asbestos.
4. Condition of internal electricity and gas installations
If your electrical or gas installations are more than 15 years old, an inspection is required to assess their compliance and safety.
5. Condition of non-collective sanitation installation
For dwellings not connected to the public wastewater collection network.
6. Condition relating to the presence of termites
Mandatory in areas declared infested or at risk, this diagnosis informs the future buyer of the presence or absence of wood-boring insects in the property.
7. Risk assessment (natural, mining, technological, seismic, radon, etc.)
Informs the buyer of any natural, technological, mining or radon risks associated with the property's location.
8. Noise diagnosis
Necessary if the dwelling is located in an air infrastructure noise exposure zone.
9. Housing Information Booklet (CIL)
The CIL brings together information on a property and its past work to simplify energy improvements. It applies to all types of housing, new or old.
Information to be included in the promise or deed of sale:
- Private surface area (Carrez law), mandatory for condominiums
The exact surface area of the condominium lot, including the private portion and the share of common areas, must be specified. - Risk of merula (fungus)
If the property is located in an area affected by this fungus, this information must be included in the contract.
N.B. Where can I get this information?
You can consult the decrees concerning termite and merula risk zones at the prefecture or on local government websites.
Diagnostics and mandatory documents for the sale of a single-family home
Mandatory diagnostics :
When selling a single-family home, the seller must provide a Technical Diagnostic File (DDT) containing the following information
- Energy Performance Diagnosis (DPE)
- Lead Exposure Risk Report (CREP)
- Condition indicating the presence or absence of asbestos
- Condition of internal electricity and gas installations
- Non-collective sanitation
- Condition relating to the presence of termites
- Risk assessment (natural, technological, etc.)
- Noise diagnosis
- Energy audit Required for homes with an F or G DPE rating.
- Housing Information Booklet (CIL)
N.B. Since April 1ᵉʳ, 2023any owner who sells a single-family home or a building with several dwellings rated F or G (also known as thermal huts") and of which he is the sole owner, must provide an energy audit to the future buyer.
This audit, which complements the Energy Performance Diagnostic (DPE), details the work recommended to improve the property's energy performance. Its aim is to inform buyers and promote more sustainable housing.
Other documents :
Indication of risk of mérule (fungus) To be specified if the property is located in a risk zone, consultable at the prefecture or online.
Sanctions and implications in the event of non-compliance
The absence of mandatory diagnostics, or the submission of erroneous reports, can have serious consequences in the sale of a property. Without these documents, the transaction cannot be validated, as the buyer does not have access to the information needed to make an informed decision.
If incorrect information is discovered before the sale is finalized, the seller is obliged to inform the buyer and rectify the situation at his own expense. On the other hand, if the sale is finalized and it is proven that the seller has omitted certain diagnostics or transmitted incorrect information, he may be held liable. This can result in legal and financial penalties, and in some cases can be recognized as fraudulent maneuvering punishable by law.
Surface area error: The buyer purchased an apartment advertised at 100 m², but after verification, it was only 94 m². This 6% difference exceeds the tolerated threshold of 5%.. The buyer has one year from the signing of the deed of sale to bring an action to reduce the price in proportion to the missing surface area. If the error was made by the diagnostician, the seller can take legal action against him/her to obtain compensation.
Incorrect ECD: If a buyer acquires an apartment with an ECD classified as C, but a new assessment after the sale reclassifies it as E, he or she can hold the diagnostician liable for damages, particularly if energy improvement work is required. However, if the seller has provided false information that has influenced the DPE's classification, he or she may also be held liable.
Uncertified diagnostician : If a diagnosis is carried out by an uncertified professional, both the diagnostician and the seller are liable to a fine of €1,500, increased to €3,000 in the event of a repeat offence. What's more, in the event of a subsequent dispute linked to an erroneous diagnosis, they may be held civilly and criminally liable.
France Ermitage's assistance with diagnostics for the sale of your property
France Ermitage works with trusted diagnosticians to guarantee the quality and conformity of property diagnostics before the property is put up for sale. We thoroughly check the documents provided and pass them on to potential buyers before and after viewings. What's more, we take care of transferring the diagnostics to the notary for preparation of the compromis de vente and the acte authentique, guaranteeing a smooth, transparent and totally secure sales process.