Real estate diagnosis: condition of the non-communal sewage facility
Verified 11 August 2021 - Directorate for Legal and Administrative Information (Prime Minister)
Where a dwelling is not connected to the public wastewater collection system, it must be equipped with an independent non-communal sewerage system. This plant must be inspected by the municipality. The test is diagnosed. If sold, the seller must append this diagnosis as part of a technical diagnosis file (DDT). The DDT must be handed over to the purchaser.
Where a dwelling is not connected to the public sewage collection system, it must be equipped with a self-contained non-collective sewage treatment plant. This plant must be subject to inspection by the municipality.
The test results in a diagnosis called Status of the non-communal sewage facility.
If sold, the seller must integrate this diagnosis with the various diagnostics included in the Technical Diagnostic Record (DDT) and deliver it to the purchaser.
You must have a "sanitation" diagnosis carried out in case of sale of a house not connected to the public wastewater collection network if there is not yet a network or if the connection is technically not feasible.
Before the sale, you need to have your installation checked.
To do this, you must contact the public non-collective sanitation service (SPANC) of your municipality to agree on an appointment.
The contact details of the SPANC are available in town hall.
SPANC controls your installation.
It delivers a diagnosis indicating whether or not your installation presents malfunctions and/or risks to health or the environment.
In case of problems found, you will have to do some work to bring the installation into conformity.
This work to bring the installation into conformity is at your expense.
You can still decide not to do them.
In this case, you must inform the future buyer who will decide whether or not to acquire the property as it is.
The work can then be part of the financial negotiation.
In all cases, they must be made at the latest 1 year after the signature of the deed of sale.
FYI
the zero-interest eco-loan (eco-PTZ) may allow you, under certain conditions, to finance the work.
The commune gives you the diagnosis.
You must integrate this diagnosis with the various diagnostics included in the Technical Diagnostic Record (DDT).
You must give the DDT to the buyer at the time of the signature of the promise to sell or at the deed of sale.
The diagnosis must be less than 3 years old at the time of signing the promise to sell or the deed of sale.
For the seller
You may be liable if you do not voluntarily pass the diagnosis on to the buyer or if you mention false information in the sale advertisement to mislead the buyer.
The purchaser may appeal to the court to request the cancelation of the sale or obtain damages.
The purchaser may also appeal to the Fraud department of the Directorate-General for Competition, Consumer Affairs and Fraud Prevention (DGCCRF).
The DGCCRF can punish you with a fine of €300,000 and a 2-year prison sentence.
For the notary
The notary may be liable in particular if he has validated the sale in the absence of the diagnosis or if he has knowledge of false information misleading the buyer.
The purchaser may appeal to the court to request damages.
The purchaser may also appeal to the Fraud department of the Directorate-General for Competition, Consumer Affairs and Fraud Prevention (DGCCRF).
The DGCCRF may penalize the notary with 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
- Real estate diagnosisService-Public.fr
- Buying or selling a homeService-Public.fr
- Sanitation of domestic wastewaterService-Public.fr
