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Real estate diagnosis: risk of exposure to lead (Crep)

Verified 22 juillet 2019 - Directorate for Legal and Administrative Information (Prime Minister)

The Lead Exposure Hazard Report (Crep) is a document that provides information on the presence of lead in a dwelling. It concerns only the dwellings built before 1949. Lead is usually present in the old paintings of these dwellings. The purpose of this document is to inform the proposed acquirer or lessee of the property he intends to purchase or lease.

CREP is a measure of the lead concentration of the housing coatings to identify those containing lead and describe their state of conservation.

It is also used to identify situations of risk of child saturation or housing degradation.

The seller (or lessor in case of rental) must take the initiative to have this diagnosis carried out by a professional.

The Crep applies to housing (apartment and detached house) built before 1949.

Crep must be performed by a professional diagnoser who meets certain certification criteria.

Find a Certified Real Estate Diagnostic

Ministry of the Environment

The diagnoser should check for lead on:

  • the coatings of the dwelling (old paintings, plaster, bricks...) including its outer coatings (for example, shutters),
  • and its annexes if they are intended for normal use (e.g. laundry).

The Crep must contain the report of the diagnoser. An information leaflet on the health hazards of lead must be attached to the Crep.

The Crep must be integrated into the technical diagnostic file (DDT) and handed over to the acquirer or tenant..

If the Crep shows the presence of lead at concentrations above the 1 mg/cm² threshold, the owner of the dwelling must do some work.

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In case of sale

No lead or presence of lead at concentrations below 1 mg/cm²

The validity of the Crep is unlimited. The initial Crep must then be attached to each promise to sell or, failing that, to the deed of sale.

Lead present at concentrations exceeding 1 mg/cm²

The Crep must have been realized for less than 1 year at the time of sale of the dwelling.

In case of rental

No lead or presence of lead at concentrations below 1 mg/cm²

The validity of the Crep is unlimited. The initial Crep must then be attached to each lease.

Lead present at concentrations exceeding 1 mg/cm²

The Crep must have been realized for less than 6 years at the time of the rental of the accommodation.

For Seller

The liability of the seller may be incurred if he does not voluntarily transmit the diagnosis or if he mentions false information in the advertisement of sale to mislead the future purchaser.

The acquirer may seize the court to request cancelation of the sale or damages.

The acquirer may also seize the fraud department of the Directorate-General for Competition, Consumer Affairs and Fraud Prevention (DGCCRF)..

The DGCCRF may impose on the seller:

  • a fine of €300,000,
  • and a 2-year prison sentence.

The seller may also be fined €1,500 use of an uncertified diagnoser to perform the diagnosis (€3,000 in case of recidivism).

The seller may also be fined €1,500 use of an uncertified diagnoser to perform the diagnosis (€3,000 in case of recidivism).

For the lessor

The landlord may be liable if he does not voluntarily transmit the diagnosis or if he mentions false information in the rental advertisement to mislead the future tenant.

The tenant can enter the court to request the cancelation of the lease or a reduction in the rent.

The tenant may also seize the fraud department of the Directorate-General for Competition, Consumer Affairs and Fraud Prevention (DGCCRF)..

The DGCCRF may impose on the lessor:

  • a fine of €300,000,
  • and a 2-year prison sentence.

The lessor may also be fined €1,500 use of an uncertified diagnoser to perform the diagnosis (€3,000 in case of recidivism).

For the Diagnoser

If he commits a mistake in the performance of his mission by not respecting the rules of the art and the norms (for example, erroneous diagnosis) he is obliged to compensate the buyer or the tenant for the damage suffered.

He may be fined €1,500 if he exercises without certification (€3,000 in case of recidivism).

For notary

The notary's liability may be incurred in particular if he has validated the sale in the absence of diagnosis or knowing of false information misleading the future purchaser.

The acquirer may seize the court and obtain damages.

The acquirer may also seize the fraud department of the Directorate-General for Competition, Consumer Affairs and Fraud Prevention (DGCCRF)..

The DGCCRF may impose on the notary:

  • a fine of €300,000,
  • and a 2-year prison sentence.