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Asbestos: diagnosis
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 Experts close to on your premise, everywhere in France
• ASBESTOS:
Extract of the texts of law According to a list defined by the regulation in force, in the buildings whose permit building was delivered before July 1, 1997.
The real certifier carries out the systematic location of suspect materials and carries out the taking away necessary to the establishment of the report/ratio of diagnosis asbestos which will mention the results of the analyses carried out obligatorily by an approved laboratory. Since January 1, 2002, the diagnosis asbestos extended to the whole of materials likely to contain asbestos is obligatory for the demolition of a built building.
Since September 1, 2002, to exonerate the salesman of the guarantee of the hidden defects, a report of presence or absence of asbestos must be joined obligatorily to any sale contract of a built building. Texts: decrees of the 02/01/02 and the 22/08/02 R1334-14 articles in R1334-29 of the Code of the public health NF X normalizes 46-020
• ASBESTOS:
OBLIGATIONS OF THE OWNERS Decree 96-97 modified by decrees 97-855, 2001-840 and 2002-839 of May 3, 2002. Houses privative Parts of apartment buildings Left common apartment buildings Permit building delivered before January 1, 1980 Location: flockings, heat insulations and suspended ceilings/State of conservation/Technical dossier + Measurements of dust contamination and work, in certain cases (before the 31.12.99) Wide location (1) and constitution of the technical dossier “ asbestos ” before the 31/12/2003 for the IGH (3) with use of dwelling and before the 31/12/2005 for the other wide Location (1) and constitution of the technical dossier “asbestos” before the 31/12/2003, for the IGH (3) and ERP (4) of categories 1 to 4 before the 31/12/2005 Permit building delivered before July 29, 1996
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Location: heat insulations and suspended ceilings/State of conservation/Technical dossier + Measurements of dust contamination and work, in certain cases (before the 31.12.99) Wide location
(1) and constitution of the technical dossier “asbestos” before the 31/12/2003 for the IGH
(3) with use of dwelling and before the 31/12/2005 for the other wide Location
(1) and constitution of the technical dossier “asbestos” before the 31/12/2003, for the IGH
(3) and ERP
(4) of categories 1 to 4 before the 31/12/2005 Permit building delivered before July 1, 1997 Location: suspended ceilings/State of conservation/Technical dossier + Measurements of dust contamination and work, in certain cases (before the 31.12.99) Wide location
(1) and constitution of the technical dossier “asbestos” before the 31/12/2003 for the IGH
(3) with use of dwelling and before the 31/12/2005 for the other wide Location
(1) and constitution of the technical dossier “asbestos” before the 31/12/2003, for the IGH
(3) and ERP
(4) of categories 1 to 4 before the 31/12/2005 Permit building delivered before July 1, 1997 IN THE EVENT OF SALE since September 1, 2002 To be able to exonerate guarantee of the hidden defects, the salesman must provide a state of presence or absence of asbestos This state is consisted a report, drawn up on the basis of wide location
(1) This state is consisted by a report drawn up on the basis of wide location
(1) or the summary card of the technical dossier asbestos when it exists Permit building delivered before July 1, 1997 IN THE EVENT OF DEMOLITION since January 1, 2002 Location all materials (2)
(1) Wide location: according to the list of materials and products annexed to the decree n°96-97 modified 2002 (accessible materials, reached without destructive work, and inside the buildings)
(2) Location all materials: according to the list annexed to the decree of January 2, 2002 (all materials including through destructive surveys, inside and outside of the buildings)
(3) real great height
(4) receiving establishment of the public
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 Which are the diagnoses to be joined to the acts of hiring ? Article 2 of the law of July 6, 1989 in its second subparagraph from now on is thus written: However, it applies neither to the hirings in seasonal matter, except for article 3 7, nor with the residences hearths, except for the first two subparagraphs of article 6 and article 20 1.
It does not apply either, except for article 3 1, of the first two subparagraphs of article 6 and article 20 1, with the furnished buildings, the residences allotted or rented because of the exercise of a function or occupation of an employment, with the hirings granted the seasonal workers.
After article 3 of this same law which lays down the rules concerning the development of the leasing agreement, it is inserted article 3 1: a technical file of diagnosis provided by the financial backer, is annexed to the leasing agreement during its signature or of its renewal and includes/understands: has) From July 1, 2007, the diagnosis of energy performances envisaged with the article L 134 1 of the code of construction and the dwelling b)
From August 12, 2008, the report of risks of exposure to the lead envisaged with the article L 1334 5 and L 1334 7 of the code of the public health.
In the zones mentioned to the 1 of the article L 125 5 of the code of the environment and as from the date fixed by the decree envisaged at the 6 of the same article, the technical file of diagnosis is supplemented with each change of tenant by the state of the natural and technological risks.
The tenant cannot prevail himself against the financial backer of the information contained in the diagnosis of energy performances which has only one informative value.
From July 1, 2007, the owner financial backer holds the diagnosis of energy performances at the disposal of any candidate tenant.
Thus, for certain hirings which did not enter the field of application of the law of July 6, 1989 (hiring in seasonal matter, buildings furnished, housing allotted because of the performance of a duty, hiring with the seasonal workers), these new provisions will be in spite of very applicable.
The intermediaries must observe well that the states must be joined to the signature but also to the renewals… Three situations are aimed for the tenants: 1 - the energy performance 2 - the risk of exposure to lead 3 - the state of the technological and natural risks
What can make the tenant to which it misses a diagnosis ? It seems possible to us to continue in front of the Magistrates' court the resolution or at least the reduction in the rent.
Which damage would have there it however if it proves that the observations carried out reveal that there is no risk ?
Council of State to know the period of validity of the states.
However, as regards lead, one finds the same provision as for the sales, it will not be necessary to make establish a new report with each leasing agreement, if there are no coatings containing of lead or that the presence of these coatings are with concentrations lower than the thresholds defined by decree of the Minister in charge with health and construction.
For the state of the technological and natural risks, it must be provided to each change of tenant.
Lastly, it will be noticed that the provisions pointed out above are not limited to the list of the beams indicated above.
The texts specify, at least for the risks of exposure to lead, the risks technological and natural and the energy performance, which they address to any candidate tenant.
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Asbestos: diagnosis
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