What are the mandatory real estate diagnoses for housing in the context of a sale?

DPE: Diagnosis of Energy Performance

The DPE is mandatory for all properties used for residential purposes, house or apartment with a fixed mode of temperature control. If work has been done in the meantime, such as insulating the facade, changing the windows or the boiler, we advise you to redo the DPE to obtain a better grade.

The DPE prior to December 31, 2017 are no longer valid
The DPE made between January 1, 2018 and June 30, 2021 are valid until December 31, 2024
The DPE after July 1, 2021 are valid for 10 years.

The obligation relating to the energy audit came into force on April 1, 2023. From now on, the owners will have to carry out an energy audit as soon as their property is classified F or G, in addition to the DPE. This new measure concerns only single-family houses and buildings sold in a single lot. The audit is valid for five years and must be given to the buyer at the first visit. This obligation should be extended thereafter to condominiums as follows:
As of January 1, 2024 for condominiums with more than 200 lots;
As of January 1, 2025 for co-ownerships of 50 to 200 lots;
As of January 1, 2026 for co-ownerships of up to 50 lots.
Finally, this audit can be carried out by a diagnostician, an architect or an approved professional.

The Carrez certificate: attestation of the private surface

This diagnosis concerning the surface of the housing is obligatory for all the goods in joint ownership. However, this certificate is not mandatory for garages, cellars (or more generally annexes) or surfaces under 8 m². It is valid for an unlimited period of time, except if work has been carried out that modifies the lot(s) sold.

If the surface area indicated in the deed of sale is more than 5% larger than the actual surface area, the buyer may file a claim to obtain a reduction in the price in proportion to the missing square meters. The buyer has one year, from the date of the deed, to file a claim for deception on the Carrez surface.

Regulatory texts :

Art. 46 - Law of July 10, 65, modified by the ALUR Law of March 24, 2014 (art. 54)
Decree n° 97-532 of 23 May 1997

CREP : Lead Exposure Risk Report

This diagnosis concerns all residential buildings and their annexes built before January 1st 1949. Its validity date varies. If the result is negative, it is definitive. If the result is positive, i.e. greater than or equal to 1 mg/cm², it is valid for one year.

In the case where the result is positive, it is recommended to sand the scaled surfaces and to proceed to a covering with paint.

Regulatory texts :

Decree 2006-474 of 25 April 2006
Order of August 19, 2011 (CREP)
Standard NFX 46-030 - April 2008

DTA : Diagnostic Technique Amiante

The DTA concerns all residential buildings and its annexes whose building permit was issued before July 1, 1997. If the diagnosis was made before February 3, 2012, whether the result is positive or negative, there is an obligation to redo it. From February 3, 2012, if the result is negative, it is unlimited. If it is positive, it must be done again every 3 years. However, in the private parts, we recommend the replacement of these materials.

Regulatory texts :

Decree 96-97 of 7 February 1996
Decree 2002-839 of May 3, 2002
Decree 2011-629 of June 3, 2011
Decree of December 12, 2012 (Lists A and B)
Order of December 21, 2012 (DTA)

Gas: interior gas installation

This diagnosis concerns all residential buildings and its annexes whose installation is older than 15 years. It is valid for 3 years.

Regulatory texts :

Decree 2006-1147 of September 14, 2006
Order of April 28 and August 24, 2010
NFP 45-500 standard - January 2013
Decree 2016-1104 of 11/08/2016 (ALUR law)
New version of the NF P 45-500 standard published by AFNOR in early July 2022

Electricity: interior installation of electricity

Similar to the diagnosis concerning gas, it concerns all residential buildings and annexes where the installation is older than 15 years. It is valid for 3 years.

Regulatory texts :

Decree 2008-384 of 22 April 2008
Order of April 4, 2011
Decree 2016-1105 of 11/08/2016 (ALUR law) Standard FD C 16 600 - June 2015
Order of September 28, 2017
Standard NF C 16 600 - June 2017 (optional)

Parasitic state : presence of termites and mérules

It concerns all residential buildings and their annexes. This diagnosis is linked to the geographical area of the property determined by prefectural or municipal order. It is valid for 6 months. The zones concerned are available from the local public services.
Regulatory texts :

Law 99-471 of June 8, 1999
Decree 2006-1114 of 5 September 2006 Order of 29 March 2007
Order of March 7, 2012
Standard NFP 03-201 - February 2016 Standard NFP 03-200 - May 2016

ERP : State of Risks and Pollutions

This information diagnosis is mandatory for all built or unbuilt buildings located in a risk area. The communes concerned are on the list of the prefectoral decree updated in 2018. Its validity period is 6 months.

Regulatory texts:

Law n° 2003-699 of July 30, 2003
Decree 2005-134 of February 15, 2005
Decrees 2010-1254 and 2010-1255 of 22 Oct. 2010
Order of December 18, 2017
Order of July 13, 2018
Decree no. 2022-1289 of October 1, 2022

Remediation

This diagnosis concerns residential buildings not connected to the sewer system. In order to verify the proper functioning of the septic tank, you must consult the SPANC (Service Public d'Assainissement Non Collectif) which will issue you a certificate of conformity. If not, the purchaser will be obliged within one year of the purchase to either bring the septic tank up to standard. In the case where the town planning services have created a collective network, whatever the result of the diagnosis, he will have the obligation to connect to it.

Regulatory texts :

Grenelle 2 Law N°2010-788 of July 12, 2010
Order of March 7, 2012
Art L 133-11-1 of the CSP
Law n° 2006-1772 of 30 December 2006 art 46
Article L2224-8 of the general code of local authorities.
EU Directive 2000-60 of 23 October 2000