Lead-containing habitat

Verified 12 February 2021 - Directorate for Legal and Administrative Information (Prime Minister)

Lead is generally present in older paints. When ingested or inhaled, it can have harmful effects, particularly on children's health. When lead is present in a housing, it must be removed as soon as possible. Lead can be detected by screening a doctor for lead poisoning, or by making a lead exposure risk finding (Crep) for dwellings built before 1er January 1949.

Lead is a toxic metal generally present in paints in homes built before 1er January 1949.

The degradation of these paints, often linked to moisture, creates dust or scales that can be ingested or inhaled.

When ingested or inhaled, lead can lead to lead poisoning, a particularly serious illness in young children. That is why, at a certain lead concentration threshold, the owner of the dwelling must carry out work.

Lead may be discovered during a doctor's screening for lead poisoning. It can also be discovered during the production of a lead exposure hazard finding (Crep).

The owner of the dwelling must submit this statement to the purchaser or tenant when selling or renting his dwelling built before 1er January 1949.

When a doctor detects a case of lead poisoning, he must inform the Regional Health Agency (ARS) through a form.

Notifiable disease - Lead poisoning and lead poisoning

A housing investigation is immediately initiated to determine the origin of the intoxication. As part of this survey, a diagnosis is carried out on the coatings of the dwelling (painting for example). This survey may be supplemented by a diagnosis of the coverings of the building or part of a building inhabited or frequented regularly.

The results of the investigation are then communicated to the prefect.

When the diagnosis reveals a lead concentration greater than or equal to the threshold of 1 mg/cm², the prefect notify the owner is obliged to carry out work.

This work generally consists in placing covering materials on the degraded coatings. They may include the replacement of certain building elements and the removal of the immediate causes of paint degradation (e.g. leaks).

Within 10 days of notification, the owner must inform the prefect, by registered letter with notice of receipt, of his commitment to have the work done. It must also specify the conditions under which it will ensure the accommodation of the tenant, if the carrying out of the work requires the temporary release of the premises.

General case
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The time limit for carrying out the work shall be 1 month, except where, within the same time limit, the tenant is accommodated in another accommodation. This period is then extended to 3 months.

Without a reply from the owner, the prefect has the work carried out and if necessary provides temporary accommodation for the tenant at the owner's expense.

If the Crep reveals the presence of lead at concentrations above the threshold of 1 mg/cm², the owner must carry out work without delay.

This work generally consists in placing covering materials on the degraded coatings. They may include the replacement of certain building elements and the operations necessary to remove the immediate causes of paint degradation (e.g. leaks).

FYI  

if the Crep is not provided and the purchaser (or lessee) discovers lead in his dwelling, he may incur the liability of the seller (or lessor) before the court for hidden defect.