TERMITES In the event of sale of a building built in a zone delimited by the prefect, it is imperative to make proceed to the realization of one diagnosis to resulting whose the expert will establish a parasitic state.
The realization of a diagnosis by an expert makes it possible to determine if the sold good is infested or not by the termites.
An exemption clause of guarantee for vice hidden consisted the presence of termites could not be stipulated in the notarial act of sale if a parasitic state is not annexed to him.
State relating to the presence of termites (Article L 133-6 of the code of construction and the dwelling)
One knows the provisions, they were not transformed.
In the zones contaminated or likely, to be envisaged it in a prefectoral decree, it must be annexed a state established since less than three months before the date of the notarial act.
It will be pointed out that with regard to the condominiums, only the privative parts are concerned.
Just as for the preceding states, if one of the documents produced during the signature of the commitment to sell is not valid any more at the date the signature of the notarial act, it is replaced by a new document to be annexed to the notarial act of sale.
The period of validity will be fixed by the decree.
In the absence of state, the same sanction is applied, the salesman will not be able to exonerate guarantee of the hidden defects
Report/ratio with the President of the Republic relating to housing and construction Mr. President, the present ordinance comes from the law carrying simplification of the right. The various titles contain various measurements relating to the dwelling or construction.
1st Measurements of simplification relating to the personal assistances…
II Measurements relating to the conventionality of the national agency for the improvement of the habitat…
III Measurements relating to the technical diagnosis the taking into account of the concerns related on the safety of constructions and the health of the occupants led to the progressive creation of obligations of realization of states or technical diagnoses at the time of the legal documents attached to the sales of real goods (commitment to sell and sale contract).
This ordinance includes/understands two principal measurements.
The first consists in gathering these states, report and diagnosis in only one file called file of technical diagnosis.
The obligations and the procedures are on this occasion improved and homogenized.
It is however necessary to preserve specificities relating to the range of the technical investigations (states relating to the privative or common parts), to the presence of a zoning (termites, risks) or to the consequences of the absence of one of the states (exemption clause of the hidden defects….
The second measurement aims at the operators who carry out the states made thus obligatory, in order to reinforce and to homogenize the criteria of competence, guarantees and independence which they must respect.
It is a question of making reliable the services brought by these operators so that the salesmen, the intermediaries and the purchasers have best guaranteed possible.
Moreover, the ordinance codifies the legislative provisions relating to the presence of termites (article 16) and to the safety of the installations of gas (article 17 [5°]), and ensures general coherence between the various codes concerned (articles 19 to 21).
Article 18 of the ordinance introduces the new provisions into the code of construction and the dwelling into the chapter relating to the protection of the real purchaser.
The I of the article L. 271 4 new envisages the production of the technical file of diagnosis, concept covering the unit with the states and certificate considered, by the salesman, as of the commitment to sell, so that the potential purchaser is informed before it does not engage definitively.
If the sale is not the subject of such a promise, the diagnosis must be provided during the signature of the notarial act of sale.
With asbestos, with lead, the termites, the natural and technological risks, which are closely associated prevention and protection measures, it is refers to the texts having created them so as to preserve the bonds which exist with these measures to the legislative texts of origin.
The Government in the case of wishes that measurements relating to the energy diagnosis of performance come into force from July 1, 2006, the real sales.
In the event of sale of a batch of joint ownership, the states composing the technical file of diagnosis relate on the privative part of the batch with regard to the state of presence of termites and the state of the installation of gas and to the privative part of the batch assigned to housing for the report of risk of exposure to lead.
It points out the existing consequences for the salesman of an absence of production of the various states constituting the technical file of diagnosis.
The article L. 271 5 provides that the periods of validity of the various states will be fixed by decree, adequate level for such a provision and makes it possible to answer the particular cases which arise if the periods of validity of the states are exceeded between the commitment to sell and the sale contract.
The article L. 271 6 makes it possible to fix by decree in Council of State the level standard relating to the competence and the organization of the people charged to establish the states of the technical diagnosis.
These levels will be then declined in reference frames of competences, adapted to each type of state or report.
The article also comprises requirements relating to the obligation of insurance.
The insurance companies bind this insurance and the amount of the premiums to competences of the people who establish the diagnoses.
This article lays down also the provisions relating to independence of the diagnostiqueurs while showing, by specifying them and by homogenizing them, the conditions fixed in existing texts which currently certain operators must respect.
It goes without saying the rule of independence does not prevent the contract which binds the owner to the diagnostiquor for the realization of the diagnosis.
Sanctions of police nature will be envisaged by decree to sanction the failures with the provisions of the article L. 271 6. Article 22 introduced according to same logic as article 18 concept of technical file of diagnosis within the framework of the rental reports/ratios, in appendix with the conclusion of any lease.
It takes account of the times specific to the installation of the diagnoses for the leasing agreements envisaged by the corresponding initial texts and specifies the leasing agreements concerned.
Maison-video.com a pour vocation de rapprocher
les internautes des acteurs de la Maison, des métiers de l'Habitat, Décoration,
Bricolage ...
Annonceurs, pour afficher vos annonces sur ce site, appelez nous au 33 (0) 6 79 61 15 04,
contenu mis à jour fréquemment
Formulaire Direct de Contact
