James Mansfield, Tuesday, 27 June 2017
The seller of a property in France is legally required to have a number of inspections carried out. The collective term for all these various
inspections is the so-called Dossier de Diagnostic Technique (DDT).
The seller must hand over the Dossier de Diagnostic Technique to the notary handling the sale. The Dossier de Diagnostic Technique is included as an
appendix to both the preliminary and final sales contracts. If the seller does not provide a complete report, the missing inspections must be carried
out before the final sales contract is signed.
The French government plans to expand the number of mandatory inspections in the coming years. Therefore, the pressure on the seller is increasing, both
in terms of the amount of information they must provide and the associated costs. However, it is a legal obligation, and the seller is legally
responsible, so they cannot avoid it. If the Dossier de Diagnostic Technique contains incorrect information, the seller may be held liable to remedy the
'hidden defects.' The buyer may also decide to withdraw from the purchase if the Dossier de Diagnostic Technique is missing or incomplete. In such
cases, the buyer may also choose to negotiate a lower sales price.
Although the notary is required to ensure that all legal conditions are met, it may happen that they fail to inform the buyer that the Dossier de
Diagnostic Technique is absent or incomplete. If this situation arises, you should raise the issue. You should also check whether all individual reports
are still valid, as certain inspections must be repeated periodically.
You might question the professional competence of those carrying out the inspections and the independence of the inspectors. For this reason, the French
government has tightened the regulations for those performing the inspections. They are also not allowed to have any ties with the notary or the selling
real estate agent.
Those authorized to conduct inspections must hold a certificate from the Comité d’accreditation français (COFRAC). There is also a professional
association for companies offering these types of inspections, the Chambre Syndicale des Experts Immobiliers de France (CSEIF). You can verify for
yourself whether the inspection reports in the Dossier de Diagnostic Technique were prepared by certified individuals and whether the companies that
carried out the inspections are members of the professional association.
To be absolutely certain about the purchase, you can also hire an independent inspection agency yourself.
Below is an overview of the different types of inspections:
- Asbestos
- Lead
- Termites
- Energy Efficiency
- Natural or Industrial Risks
- Gas Installations
- Electrical Wiring
- Septic Tanks