Real estate diagnosis: state of risk
Verified 03 June 2024 - Directorate for Legal and Administrative Information (Prime Minister)
Revised Design
Published on 16 May 2024
From 1er january 2025, sellers and lessors of real estate situated in an area subject to a statutory clearing obligation (OLD) will be obliged to inform the buyer or lessee of the state of the risks.
This is indicated in particular by a decree of 29 april 2024.
Our page will be updated from this date.
What is in the diagnosis Risk Status ? To whom and when? We take stock of the regulations in the case of rental or sale of real estate.
In case of rental
The prospective tenant must be informed by the owner (lessor) of the risks to which the property is exposed (natural, mining, technological, seismic, radon...). In order to do so, the lessor must provide him with a statement of the risks of the property.
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 the state of natural disaster taken in the commune 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:
The risk status must be returned to the potential tenant on 1re 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 1re 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.
In case of sale
The future buyer must be informed by the seller of the risks to which the dwelling is exposed (natural, mining, technological, seismic, radon...). To do so, the seller must submit a risk statement.
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)
- 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 a 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 shall be made in the case of the sale 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:
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
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 1re 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 buyer.
The seller must keep a copy of it to be able to prove that it has been given to the buyer.
Please note
where the risk statement is not submitted to the buyer by the date of signature of the promise to sell or of the preliminary contract, the withdrawal period shall start only from the day following the communication of that document to the buyer. Where the act of sale is not preceded by a promise to sell or a preliminary contract and the statement of risks is not attached to the act of sale, the reflection period shall not begin until the day following the communication of that document to the purchaser.
The risk status delivered during the 1re 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 (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 that property is exposed is available on the Georisk site ”.
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For the seller
He may be held liable if he does not voluntarily pass on the diagnosis. It can also be committed if it mentions false information in the sale announcement to mislead the future buyer.
The buyer can to appeal to the court to request the cancelation of the sale or a reduction in the sale price.
The buyer may 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.
For the notary
In particular, he may be held liable if he has validated the sale without diagnosis or if he has knowledge of misleading information to mislead the future buyer.
The buyer can make a request for mediation with the mediator of the notary. For this, it is possible to use a model letter:
Refer to the Ombudsman of the notary
The buyer can also make a complaint to the president of the regional council or the interregional council of notaries on which the notary depends before filing an appeal with the court.
The buyer may 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.
Who can help me?
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