Real estate diagnosis: state of risk

The landlord has the obligation to provide the future tenant with a statement of risks if his property is located in one of the following sectors:

• Risk exposure perimeter defined by an approved and publicly available Technology Risk Prevention Plan (TPRP)
• An area bounded by an approved and made public Predictable Natural Hazards Prevention Plan (PRNP), or certain provisions of which have been made public immediately enforceable
• An area of risk bounded by an approved and publicly available Mining Risk Prevention Plan (MPRP), or some of which have been made immediately enforceable
• Perimeter under review as part of the development of the prescribed Technology Risk Prevention Plan (TPRP), or a prescribed Predictable Natural Hazards Prevention Plan (PRNP) or Mining Hazards Prevention Plan (PRPP)
• Zones of seismicity level 2 (low), 3 (moderate), 4 (medium) or 5 (high)
• Zone with significant radon potential (radioactive gas), called level 3 (highest)
• Areas exposed to the retreat of the coastline bounded by a local city planning plan (PLU), a document in its place or a communal map, or determined by an adopted prefiguration map

This information can be obtained by consulting the Georisk site.

The list of municipalities concerned is also laid down by prefectural orders.

These orders include, among other things, the list of documents that the owner can refer to in order to complete his risk statement.

The by-laws can be consulted in the town hall or prefecture (or on their website: search IAL or information to acquire a tenant).

The risk statement must be made in the case of the rental of any construction, land, parcel or set of parcels belonging to the same owner or to the same division.

The risk statement shall contain the following information:

• Date of preparation
• Number of the parcel(s) concerned
• Areas or perimeters in which the property is located

As appropriate, it shall also include the following:

• For each of the risk prevention plans within the perimeter of which the property is located: an extract of a graphic document setting this property in relation to the regulatory zoning, the extract of the regulation concerning it and information indicating whether work is prescribed by this regulation for this property and whether it has been carried out
• The seismic risk information sheet available on the Georisk site, if the property is located in a municipality classified as a seismicity zone of level 2, 3, 4 or 5
• The radon information sheet available on the Georisques site, if the property is located in a municipality classified as a zone with a level 3 radon potential
• Where the property is situated in one of the areas exposed to the setback of the coastline, an indication of the time horizon of exposure to the setback of the identified coastline and a reminder of the requirements applicable to that area, a reference to the provisional nature of the zoning where it is foreshadowed and to the possible application to the property of the provisions relating to demolition and restoration
• The list of orders recognizing thestate of natural disaster in the municipality which affected the property concerned and which gave rise to the payment of compensation. These decrees can be consulted in the town hall or prefecture (or on their website).

The risk statement must be completed directly by the owner through an online service:

Aid for the filling in of the risk and pollution report

The risk status must be returned to the potential tenant on 1^re visit of the property, if such a visit takes place.

When the lease is concluded, the risk statement must be annexed to the lease.

It must be dated and signed by the tenant.

The landlord must keep a copy of it to be able to prove that it has been given to the tenant.

The status of the risks delivered on 1^re visit from the immovable to the potential tenant by the lessor must be established for less than six months.

The risk status needs to be updated if the information contained therein is no longer accurate as of the date of signature of the lease.

Any advertisement for the rental of immovable property (irrespective of the medium of distribution) which is to be the subject of a risk statement shall include the following statement: ‘information on the risks to which this property is exposed is available on the Georisk site ”.

The owner can be held liable if he does not voluntarily transmit the state of risks or if he mentions false information in the rental announcement to mislead the future tenant.

The tenant may to appeal to the court to request the cancelation of the lease or a reduction in the rent price.

The tenant can also refer the matter to the fraud department of the Directorate-General for Competition, Consumer Affairs and Fraud Prevention (DGCCRF).

The DGCCRF may impose a fine of €300,000 and a 2-year prison sentence.