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Termite Diagnosis

Verified 26 April 2019 - Directorate for Legal and Administrative Information (Prime Minister)

The state of termite presence, also known as termite diagnosisgives information on the presence or absence of xylophagous insects (termites in particular) in a dwelling. The purpose of this diagnosis is to inform the proposed acquirer of the property he intends to purchase. It must be attached to the Technical Diagnostic Record (DDT).

Termite status is a diagnosis that provides information on the presence or absence of xylophagous insects (termites in particular) in a dwelling. These insects can generate damage by degrading the wood and derivatives used in construction. They can even cause it to collapse.

The seller must take the initiative to have this diagnosis carried out by a professional.

This diagnosis must be integrated within the Technical Diagnostic Folder (DDT) which must be annexed to the promise to sell or, failing that, to the deed of sale.

The report on the presence of termites given to the future purchaser must be made for

  • individual houses
  • and private parties of condominium batches public buildings.

The dwellings concerned are those located in the areas declared by a prefectural decree as being infested by termites or likely to be so in the short term.

To find out if your accommodation is located in an area that has been the subject of a prefectural order, it is recommended to consult:

  • prefecture,
  • the town hall
  • or the website of your department.
Who shall I contact
Who shall I contact
Who shall I contact

The condition of termites must be performed by a professional diagnoser meeting certain criteria, including certification.

Find a Certified Real Estate Diagnostic

The condition of termite presence performed by the diagnoser shall indicate:

  • the property concerned,
  • the parts visited,
  • and the elements infested (or have been infested) by the presence of termites.

In case of termites, measures must be taken to eradicate them.

It is not certain that anti-termite treatments will eradicate termites permanently, so it may be necessary to renew the treatments if they reappear. The presence of termites does not prevent the sale, but the prospective purchaser must be aware of them before buying.

The status of termites has a validity period of 6 months.

If, at the time of signature of the promise of sale or the deed of sale, the age of diagnosis exceeds 6 months, it will have to be done again.

For Seller

The liability of the seller may be incurred if he does not voluntarily transmit the diagnosis or if he mentions false information in the advertisement of sale to mislead the future purchaser.

The acquirer may seize the court to request cancelation of the sale or damages.

The acquirer may also seize the fraud department of the Directorate-General for Competition, Consumer Affairs and Fraud Prevention (DGCCRF)..

The DGCCRF may impose on the seller:

  • a fine of €300,000,
  • and a 2-year prison sentence.

The seller may also be fined €1,500 use of an uncertified diagnoser to perform the diagnosis (€3,000 in case of recidivism).

For the Diagnoser

If he commits a mistake in the performance of his mission by not respecting the rules of the art and the norms (for example, erroneous diagnosis) he is obliged to compensate the buyer for the damage suffered.

He may be fined €1,500 if he exercises without certification (€3,000 in case of recidivism).

For notary

The notary's liability may be incurred in particular if he has validated the sale in the absence of diagnosis or knowing of false information misleading the future purchaser.

The acquirer may seize the court and obtain damages.

The acquirer may also seize the fraud department of the Directorate-General for Competition, Consumer Affairs and Fraud Prevention (DGCCRF)..

The DGCCRF may impose on the notary:

  • a fine of €300,000,
  • and a 2-year prison sentence.