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Real estate diagnosis: status of risks and pollution

Verified 25 février 2021 - Legal and Administrative Information Directorate (Prime Minister)

Additional cases ? Habitat containing radon

In case of rental

The prospective tenant must be informed by the landlord of the risks and pollution to which the dwelling is exposed (natural, mining, technological, seismic, radon...). To do this, a diagnosis status of risks and pollution must be attached to the lease.

The owner is obliged to provide a statement of the risks and pollution if his property is located in one of the following areas:

  • Risk-exposed area defined by an approved Prefect-approved Prefect-approved Preventable Natural Hazard or Residual Mine Hazard Prevention Plan
  • Seismicity zones 2, 3, 4 or 5 (highest)
  • Radon Potential Zones (Radioactive Gas) Level 3 (Highest)
  • Perimeter of exposure to risks defined by a Prefect-approved Technology Risk Prevention Plan
  • Perimeter to be studied in the context of the development of a Technological Risk Prevention Plan or a Prefect-mandated Natural Risk Prevention Plan

The list of municipalities concerned is established by prefectural orders.

These orders include, among other things, a list of documents to which the owner can refer in order to complete his risk and pollution report.

The decrees can be consulted in the town hall or prefecture (or on their website: search IAL or acquiring information).

Who shall I contact

General case

Who shall I contact

In Paris

Who shall I contact

The diagnosis must be made in the case of leasing of any construction, land, parcel or set of parcels belonging to the same owner or to the same indivision.

The risk and pollution report must be completed directly by the owner through a form based on the information contained in the prefectural decree.

Condition of risks and pollution (natural, mining, technological, seismic, radon...)

The owner can complete this form with the help of an online service.

Aid for filling the risk and pollution report

Ministry of Environment

This document must be attached to the lease.

It must be dated and signed by the tenant.

The landlord must keep a copy of it in order to prove that it was given to the tenant.

If the property has suffered a claim resulting in a natural or technological disaster allowance, the landlord must mention it in the lease.

The risk and pollution report to be attached to the lease must be less than 6 months old. Otherwise, it must be redone.

The owner 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 cancellation of the lease or a reduction in the rent.

The tenant can also seize the fraud department of the Directorate General for Competition, Consumption and Fraud Enforcement (DGCCRF).

DGCCRF may fine the lessor €300 000 and a 2-year prison sentence.

In case of sale

The prospective buyer must be informed by the seller of the risks and pollution to which the housing is exposed (natural, mining, technological, seismic, radon...). To do this, a diagnosis status of risks and pollution must be attached to the promise of sale or deed of sale.

The seller is obliged to provide a statement of the risks and pollution if his property is located in one of the following sectors:

  • Risk-exposed area defined by an approved Prefect-approved Prefect-approved Preventable Natural Hazard or Residual Mine Hazard Prevention Plan
  • Seismic zone level 2, 3, 4 or 5 (highest)
  • Radon potential zone (radioactive gas) level 3 (highest)
  • Perimeter of exposure to risks defined by a Prefect-approved Technology Risk Prevention Plan
  • Perimeter to be studied in the context of the development of a Technological Risk Prevention Plan or a Prefect-mandated Natural Risk Prevention Plan

This information can be obtained by consulting dedicated site .

The list of municipalities concerned is also established by prefectural orders.

These orders include, among other things, a list of documents to which the owner can refer in order to complete his risk and pollution report.

The decrees can be consulted in the town hall or prefecture (or on their website: search IAL or acquiring information).

Who shall I contact

General case

Who shall I contact

In Paris

Who shall I contact

The diagnosis must be made in case of sale of any building, land, parcel or set of parcels belonging to the same owner or to the same indivision.

The risk and pollution report must be completed directly by the seller through a form based on the information contained in the prefectural decree.

Condition of risks and pollution (natural, mining, technological, seismic, radon...)

The seller can complete this form with the help of an online service.

Aid for filling the risk and pollution report

Ministry of Environment

This document must be attached to the promise of sale or deed of sale.

It must be dated and signed by the buyer.

The seller must keep a copy of the document in order to prove that it has been delivered to the buyer.

If the property has suffered a claim resulting in a natural or technological disaster allowance, the seller must mention it in the bill of sale.

The risk and pollution report to be attached to the promise of sale or the deed of sale must be less than 6 months old. Otherwise, it must be redone.

For Seller

Responsibility may be taken if the diagnosis is not voluntarily transmitted. It can also be engaged if it mentions false information in the sales announcement to mislead the future buyer.

Buyer can enter court to request cancellation of the sale or damages.

The buyer may also seize the fraud department of the Directorate General for Competition, Consumption and Fraud Enforcement (DGCCRF).

DGCCRF may fine seller €300 000 and a 2-year prison sentence.

For notary

In particular, it may be liable if it has validated the sale in the absence of a diagnosis or if it knows of misleading information to mislead the future buyer.

Buyer can enter court and obtain damages.

The acquirer may also seize the fraud department of the Directorate General for Competition, Consumption and Fraud Enforcement (DGCCRF).

The DGCCRF may fine the notary €300 000 and a 2-year prison sentence.