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Lead: diagnosis
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 Experts close to on your premise, everywhere in France
• LEAD The device of fight against lead poisoning resulting from the law of July 29, 1998 relating to the fight against exclusions was reinforced by the law n° 2004-806 of August 9, 2004 relating to the policy of public health. The decree and the four decrees necessary to the implementation of this reinforced device have been just published.
These new provisions are applicable immediately.
• the ERAP becomes the C.R.E.P From April 27, 2006, the state of the risks of accessibility to lead (ERAP) is replaced by a report of risk of exposure to lead (CREP). Date from the 4 decrees: April 25, 2006 - Texts n° 52, 53, 54 and 55 of the OJ - References of the decree: n° 2006-474 of April 25, 2006 - Text n° 40 of the OJ. These texts are applicable as of on April 27, 2006, as all the texts which appear with the OJ, without specific provision. A decree of March 20 is also reproduced on the OJ which quotes the approved organizations to carry out controls in protection against radiation.
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On a purely transitory basis, any ERAP having been carried out before at April 27, 2006 has value of CREP for one one year period as from its establishment.
For the sales in progress, whose ERAP was carried out, if its period of validity did not expire at the day of the conclusion of the real transaction, it is thus not necessary to make carry out a CREP.
This obligation of CREP is wide immediately, from April 27, 2006, with the whole of the French territory.
In accordance with the law, a CREP must be produced, for any building with use of dwelling builds before January 1, 1949 At the time of the sale of the building In the parts of use common of an affected apartment building in whole or part to the dwelling where work likely is envisaged to cause the substantial deterioration of the coatings.
Before August 11, 2008, in these same common parts, without working conditions From August 11, 2008, the CREP will have to be attached to all new leasing agreement of whole or part of building with use of dwelling.
The protocol of realization of the CREP provides in particular that measurements of lead concentration are taken with a portable apparatus with x-ray fluorescence able to analyze at least the line K of the spectrum of fluorescence emitted in response by lead.
Moreover, the CREP is extended to the location of possible factors of degradation of the frame, in order to treat the potential situations of unhealthy habitat.
The purpose of the CREP is to prevent or treat possibly associated causes of insalubrity.
If such factors are highlighted, it will be responsibility for the Certifier to transmit a specimen of the CREP to the prefecture of the department or took place the CREP.
On the other hand, as soon as there is presence of degraded paintings containing of lead, the owner will be held to carry out work, in order to eliminate the risk from exposure to lead.
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 This announced reform was the subject of an ordinance of June 8, 2005 published in the OJ of June 9.
Comprises measurements which reform partial legislative provisions, provisions concerning the technical diagnoses carried out at the time of the sales or of the hirings of real goods.
It gathers these states, reports and diagnoses in only one file called technical file of diagnosis.
We reproduce the provisions of this text at the end of the comment.
The reading of these articles deserves to retain some essential points.
The ordinance created not truly of new obligations for the owners.
It will be retained primarily that it is gathered within a technical file of diagnosis that of aucuns “DDT call already”, the whole of the reports and states which will accompany from now on the commitment to sell.
(Article 18) In the second place, it will be necessary to await some decrees as a Council of State.
A decree in particular must define the period of validity of the documents envisaged. it will also envisage the methods of establishment of the state concerning lead The report of risk of exposure to lead (Article L 1334-5 and L 1334-6 of the code of the public health)
The report envisaged by the law is produced, at the time of the sale of whole or part of the building with use of dwelling builds before January 1, 1949, under the conditions and according to the procedures envisaged with the articles L 271 4 with L 271 6 of the code of construction and the dwelling.
The intermediary does not have any more questions to be posed about to know if there is a prefectoral decree or not, since the building was built before January 1, 1949 a report must be annexed. The period of validity will be fixed by decree.
The defect of production of the report to the commitment to sell or at the latest, the notarial act will not make it possible to the salesman to exonerate guarantee of the hidden defects.
Lastly, the report presented will have to be valid, at the latest at the date of the signature of the notarial act of sale if not it will have to be replaced by a new document.
So however the report establishes the absence of coatings containing of lead or the presence of coatings containing of lead to concentrations lower than the defined thresholds, it will not be necessary to make establish a new report with each change, the initial report is joined to the file of technical diagnosis
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Lead: diagnosis
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