Diagnosis of termites and other xylophagous insects
Verified 01 March 2021 - Directorate for Legal and Administrative Information (Prime Minister)
The termite condition, also called termite diagnosisprovides information on the presence or absence of xylophage insects (termites in particular) in a dwelling. This document must be produced when the dwelling is located in an area declared by a prefectural decree. It must be given to the proposed acquirer.
The termite condition is a diagnosis that provides information about whether xylophage insects (termites in particular) are present in a dwelling. These insects can cause damage by degrading wood and derivatives used in construction. They may even cause it to collapse.
The seller of the dwelling must have this diagnosis carried out by a professional.
This diagnosis must be integrated into the Technical Diagnostic Record (DDT). This file must be annexed to the promise of sale or the deed of sale.
The condition relating to the presence of termites given to the future purchaser must be carried out for individual houses and private parts of condominium batches multi-unit buildings.
The dwellings concerned are those located in the areas declared by a prefectural decree as being infested with termites or which may be infested in the short term.
To find out whether a dwelling is located in an area subject to a prefectural decree, it is possible to consult a mapping.
You can also contact the prefecture or the city hall (or consult their website).
Who shall I contact
The condition relating to the presence of termites must be carried out by a professional diagnoser meeting certain criteria, in particular of certification.
The seller can use a tool to search for a diagnoser:
The termite status performed by the diagnoser shall include the following:
- Property concerned
- Parties visited
- Elements infested (or having been infested) with termites
In the presence of termites, action must be taken to eradicate them.
Anti-termite treatments may not eradicate termites permanently, so it may be necessary to repeat the treatments if the termites reappear.
The presence of termites does not prevent the sale, but the future buyer must be aware of them before buying.
The termite status is valid for 6 months.
If, at the time of signing the promise to sell or the deed of sale, the length of time of diagnosis exceeds 6 months, it must be repeated.
For the seller
The seller may be liable if he does not voluntarily transmit the diagnosis or if he mentions false information in the sale announcement to mislead the future buyer.
The purchaser may to bring proceedings before the court to request the cancelation of the sale or damages.
The purchaser 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.
The seller may also be fined €1,500 using an uncertified diagnoser to perform the diagnosis (€3,000 in case of recurrence).
For the Diagnoser
If he commits a fault in the performance of his mission by not respecting the rules of the art and the standards (for example, incorrect diagnosis), he must compensate the buyer for the damage suffered.
He may be fined €1,500 if he exercises without certification (€3,000 in case of recurrence).
For the notary
Notaries may be liable in particular if they have validated the sale without diagnosis or if they are aware of false information misleading the future buyer.
The purchaser may to bring proceedings before the court and to obtain damages.
The purchaser 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?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
The informants who answer you belong to the ministry in charge of housing and city planning.
Cost: free service
Attention: the service does not have access to users' personal files and therefore cannot provide information on their progress.
The service is available at the following times:
- Monday: 8.30am to 5.30pm
- Tuesday: 8:30 to 12:15
- Wednesday: 8:30 to 12:15
- Thursday: 8.30am to 5.30pm
- Friday: 1 p.m. to 4:15 p.m
- Construction and housing code: articles L126-1 to L126-6Articles L126-1 to L126-6
FAQ
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- Mapping of termite departments (PDF - 518.7 KB)Ministry of the Environment
