Real estate diagnosis: status of the collective and non-collective sanitation facility
Verified 24 October 2024 - Directorate for Legal and Administrative Information (Prime Minister)
When should collective or noncollective sanitation be diagnosed?
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 subject to inspection by the municipality. This check gives rise to the diagnosis and remediation. It must be provided by the selling owner and be given to the purchaser. Here's the information you need to know.
Collective sanitation
As a selling owner, you must have a sanitation diagnosis carried out in case of sale of a house connected to the public wastewater collection network if your house is located in a territory whose wastewater and storm water discharges have an impact on the water quality for the Olympic freestyle and triathlon events in the Seine.
Diagnosis should be made by under 3 years at the time of signature of the authentic instrument of sale.
If the connection control is more than 3 years old or if this control has not taken place, the collective sanitation diagnosis is at your expense.
Sanctions vary depending on who is involved.
For Selling Owner
Your liability may be incurred if you do not transmit the valid remediation diagnosis or if you mention false information in the sale announcement to mislead the future buyer.
If you do not provide the diagnosis, you cannot be exempt from the guarantee of hidden defects.
You may also be fined €1,500 if you are using an uncertified (€3,000 in case of recurrence).
For the Diagnoser
If the diagnoser makes a mistake by not complying with the regulations to carry out the remediation diagnosis (for example, incorrect diagnosis), the purchaser can make a complaint to the court of law of the place where the property is situated to request damages.
In addition, the diagnosers may be fined €1,500 if he exercises without certification (€3,000 in case of recurrence).
For the notary
The liability of the notary may be incurred if he has validated the sale in the absence of a clean diagnosis or with knowledge of misleading information misleading the buyer.
Non-collective sanitation
As a selling owner, you must have a remediation 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 not technically feasible.
This is the public non-collective sanitation service (SPANC) of your municipality.
To do this, you must contact this service to arrange an appointment.
The contact details of the SPANC are available in town hall.
A SPANC agent comes to check your installation.
It produces a report that specifies whether or not your installation presents malfunctions and/or risks to health or the environment.
That report is being given to you. It serves as a diagnostic.
FYI
the zero-interest eco-loan (eco-PTZ) may allow you, under certain conditions, to finance the work.
If problems are found, you will need to do some work to bring your installation into compliance.
This work is at your expense. They must be completed no later than 1 year after the signature of the authentic instrument of sale.
This work may be carried out by the municipality, with your written consent.
You can still decide not to do them. In this case, you must inform the future purchaser who will decide whether or not to acquire the housing as it is. The work can then be part of the financial negotiation.
In the event of non-conformity of the non-collective sewage treatment plant at the time of signature of the authentic instrument of sale, the purchaser causes the compliance work to be carried out within one year after the instrument of sale.
You need to integrate remediation diagnosis with the various real estate diagnostics included in the technical diagnostic record (DDT) for sale.
You must give the DDT to the future purchaser at the time of signature of the authentic instrument of sale.
In the event of non-conformity of the non-collective sewage treatment plant at the time of signature of the authentic deed of sale, the purchaser shall have the work of compliance carried out within one year after the deed of sale.
Diagnosis should be made by under 3 years at the time of signature of the authentic instrument of sale.
If the control of your installation is more than 3 years old or if this control has not taken place, the non-collective sanitation diagnosis is at your expense.
Sanctions vary depending on who is involved.
For Selling Owner
Your liability may be incurred if you do not transmit the valid remediation diagnosis or if you mention false information in the sale announcement to mislead the future buyer.
If you do not provide the diagnosis, you cannot be exempt from the guarantee of hidden defects.
You may also be fined €1,500 if you are using an uncertified (€3,000 in case of recurrence).
For the Diagnoser
If the diagnoser makes a mistake by not complying with the regulations to carry out the remediation diagnosis (for example, incorrect diagnosis), the purchaser can make a complaint to the court of law of the place where the property is situated to request damages.
In addition, the diagnosers may be fined €1,500 if he exercises without certification (€3,000 in case of recurrence).
For the notary
The liability of the notary may be incurred if he has validated the sale in the absence of a clean diagnosis or with knowledge of misleading information misleading the buyer.
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
For more information on this topic, you can contact Allô Service Public.
Attention: the service does not have access to users' personal files and cannot therefore provide information on their status.
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The informants who answer you belong to the ministry in charge of housing and city planning.
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