Sale of Property: The content of the technical diagnostic file (DDT)

In the event of the sale of a property, a technical diagnostic file, provided by the seller, must be annexed to the sales agreement.

Mandatory documents for sale

Article L271-4 of the construction and housing code states that the technical diagnosis file (DDT) includes the following documents (the following documents being applicable in our area principle area of operations being SAINT GERVAIS LES BAINS & LES CONTAMINES-MONTJOIE):

The lead exposure risk report (CREP)

The report must be produced for the sale of all or part of a residential building built before January 1, 1949. In the event of the presence of lead at concentrations greater than 1 mg/cm², the CREP is valid 1 year. Otherwise, its duration is unlimited.

Asbestos presence and condition

The statement mentioning the presence or absence of materials or products containing asbestos must be provided when selling a building built under a building permit filed before July 1, 1997.

Asbestos diagnostics carried out before April 1, 2013 must be renewed. Those made after this date have an unlimited validity period when no trace of asbestos has been detected. Otherwise, their validity period is extended to 3 years with an obligation for periodic inspection.

The condition of the interior gas and electricity installations

The condition of an interior gas installation as well as that of the interior electricity installation carried out more than fifteen years prior to the date of sale must be provided in the event of sale of all or part of a building for residential use. In both cases the reports are valid for 3 years.

Risk assessment

In areas covered by a technological risk prevention plan, by a mining risk prevention plan or by a foreseeable natural risk prevention plan, prescribed or approved, in seismic zones or in zones with radon potential defined by regulatory route or in an area likely to be affected by a receding coastline, the statement of risks must be given to the buyer in the event of the sale of real estate. It is valid for 6 months from the date of publication.

The energy performance diagnosis (DPE)

The DPE must be established in the event of sale of all or part of a building. It is valid for 10 years. However, please note that due to the regulations applicable since July 1, 2021, DPEs made before January 1, 2018 are no longer valid. And those made between January 1, 2018 and June 30, 2021 remain valid only until December 31, 2024.

The sale of certain buildings is not subject to the obligation to provide a DPE. These are places of worship, historical monuments, temporary constructions whose duration of use is equal to or less than 2 years, unheated or non airconditioned buildings, residential buildings which are occupied for less than 4 months each year, independent buildings whose living space does not exceed 50 m². Also excluded from this obligation are agricultural, industrial or artisanal buildings other than premises used for habitation, in which the heating or cooling or hot water production system for human occupation produces a small quantity of energy compared to that necessary for economic activities.

The energy audit

In the case of the sale of individual houses, buildings or parts of buildings comprising a single dwelling or several dwellings not falling under the status of co-ownership, and whose energy performance class of the dwellings is noted F or G, the seller must provide the purchaser with an energy audit which is valid for 5 years.

Control of individual sanitation

The document established at the end of the inspection of sanitation installations, in the event of sale of all or part of a building for residential use not connected to the public wastewater collection network, a report must be inserted in the DDT. It is valid for 3 years.

The Arve Valley atmospheric protection plan

When a property is located within the perimeter of an atmosphere protection plan which imposes the obligation to establish and maintain a certificate of conformity of a wood burning heating appliances with the rules of installation and emissions set by the State representative in the department, a relevant certificate must be provided by a qualified professional. This certificate of conformity must be given to the purchaser. The law does not provide for a validity period for the certificate of conformity. However, if the situation changes, the atmosphere protection plan will be revised.

Orders issued under health and safety policy

If they exist, orders issued under health and safety policy for buildings, premises and installations must be submitted in the event of sale of the property concerned. This may involve an order for security or treatment of unsanitary conditions and, where applicable, a ban on living, using or accessing the premises. These orders are valid until the competent authority pronounces their dissolution.

Mandatory documents for sale

It should be remembered that some of the aforementioned documents are mandatory for advertising when the property is put up for sale:

The DPE, in order to indicate the classification of the property with regard to its energy performance and its performance in terms of greenhouse gas emissions. And, for real estate for residential use, the amount of theoretical expenses for all the uses listed in the DPE must also be indicated in the advertisement.

Risk assessment: advertising must mention the means of accessing information on the risks concerning the property.

We would also remind you that the state of risks as well as the energy audit must be given to potential buyers during the first visit.

Our advice for diagnostics

If, unlike the DPE, the state of risks or the energy audit, no text obliges the seller to have other diagnoses or documents carried out before any sale, it seems preferable that these have been established as soon as possible. the start of marketing. They allow us to know as early as possible the condition and environment of the property to be sold and to provide potential buyers with the best possible information so that they can make a free and informed decision whether or not to acquire the property.

Unlike the DPE, the risk assessment or the energy audit, there is no prescribed obligation for the seller to have other diagnoses or documents carried out before any sale, however despite this it is often considered preferable that these have been established as soon as possible, and prior to the start of marketing. They allow us to know as early as possible the condition and environment of the property to be sold and to provide potential buyers with the best possible information so that they can make a free and informed decision whether or not to acquire the property.