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Real estate diagnosis: status of the non-collective sanitation facility

Verified 17 September 2019 - Directorate for Legal and Administrative Information (Prime Minister)

Where a dwelling is not connected to the public sewage collection system, it shall be equipped with a self-contained non-collective sewage treatment plant. This installation must be checked by the municipality. The check shall give rise to a diagnosis. In case of sale, the seller must attach this diagnosis within a technical diagnostic file (DDT). He must give this file to the purchaser.

Where a dwelling is not connected to the public sewage collection system, it shall be equipped with a self-contained non-collective sewage treatment plant. This installation must be checked by the municipality.

The check results in a diagnosis called status of the non-collective sanitation facility.. In case of sale, the seller must attach this diagnosis within a Technical Diagnostic Folder (DDT) and hand it over to the purchaser when signing the sales promise or bill of sale.. This diagnosis allows the purchaser to be informed of whether or not the installation complies with the regulations.

The diagnosis is carried out on houses and buildings not connected to the public waste water collection network:

  • or because there is not yet a network,
  • or because the connection is not technically feasible.

The seller must contact the public non-collective sanitation service (SPANC) of his municipality in order to agree an appointment to have his installation checked. Contact information for SPANC is available at the town hall.

Who shall I contact

The SPANC shall monitor the installation and issue a diagnosis specifying whether or not it has:

  • malfunctions
  • and/or risks to health or the environment.

In the event of any problems identified, the installation must be brought into line.

The seller is responsible for the installation's compliance work. The latter may decide not to do so. In this case, he informs the future purchaser who will decide whether or not to acquire the property in its current state. The work can then be part of the financial negotiation. In all cases, they must be carried out no later than 1 year after the signature of the deed of sale.

FYI  

zero-interest eco-loan (eco-PTZ) may allow, under certain conditions, to finance the work.

The diagnosis must be less than 3 years old at the time of signing the promise to sell or the deed of sale.

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.
For notary

The notary's liability may be incurred in particular if he has validated the sale in the absence of the diagnosis or by having knowledge 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.

FAQ

HOW TO ?