Real estate diagnosis: state of risk

The seller is obliged to provide a risk statement 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)
• Level 2 (low), 3 (moderate), 4 (medium), or 5 (high) seismicity zone
• Zone with significant radon potential (radioactive gas), called level 3 (highest)
• Area 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
• Area affected by brush clearing and maintenance obligations.

All this information can be obtained by consulting the Georisk site.

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 must be completed directly by the seller through an online service:

Aid for the filling in of the risk and pollution report

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 located 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 statement of the provisional nature of the zoning where it is foreshadowed and a statement of any application to the property of the demolition and reclamation requirements.
• 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.
• The information sheet on brush-clearing obligations if the property is located in an area covered by the brush-clearing and maintenance obligations.

In the event of a declaration of a state of natural disaster and where the seller has the expert report provided by the insurer, he must attach to risk statement the list of the jobs allowing stopping of the existing disorders not carried out.

This applies even if the seller has already been compensated by the insurance or if a right to compensation is open.

The existing unrealized disturbances must be linked to direct material damage caused by the natural phenomenon of differential land movements linked to drought and soil rehydration that occurred during the period in which he was the owner of the property.

The risk statement must be returned to the potential buyer by the seller on 1^re inspection of the property, if such a visit takes place.

The statement of risks must be annexed to the promise of sale or to thebill of sale or at preliminary contract in the event of a sale in the future state of completion.

This document must be dated and signed by the purchaser.

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

The risk status delivered during the 1^re the seller's visit to the potential buyer must be established for less than six months.

The risk status needs to be updated if the information it contains is no longer accurate on the date of signature of the promise to sell or the deed of sale or the preliminary contract.

Any advertisement for the sale of a property (regardless of the medium of distribution) that requires a risk statement shall include the following statement: ‘Information on the risks to which that property is exposed is available on the Georisk site ”.

It depends on who is impacted.