The current legislative measures reinforced the setting at the disposal of consumers of relative information to the coveted goods. That is illustrated in particular by a more strict application of the conditions of relative information to the presence of lead in a construction industry, but also to electrical installations.
1- The diagnosis lead imposed for certain types of construction
Set up in 1998, the diagnosis lead was modified more recently by a law in 2007. The object of these successive laws consists of the establishment by an approved expert of a “state of the risks of accessibilities to lead” in a building that it is intended for the sale or hiring.
The visit of the expert is completed by the delivery of a Report of Risk of Exposure to Lead, in the past State of the Risks of Accessibility to Lead.
This diagnosis lead first of all relates to the houses built before 1949, but also those which are located in zones potentially exposed to the dangers of lead.
Once established, any owner wishing to sell his real estate is held to annex to the contract or at least to the commitment to sell the certificate thus established.
This certificate is intended mainly for the residential buildings. And since August 12th, 2008, such a certificate will have to be put at the disposal of not only the future purchaser of a building in joint ownership, but also of the possible tenants. The load of the establishment is of course supported by the salesman or the financial backer.
The validity of the CREP is 6 years when it is of a hiring and 1 year within the framework of a sale. If the certificate were not presented, the owner salesman or financial backer cannot call upon the guarantee of latent defects and court moreover the risk of criminal prosecutions.
2- Sine qua non indispensable condition of sale: the electric diagnosis
The sale of a real estate was seen associating the presentation of an electric certificate of diagnosis. That since January 1st, 2009.
The electric diagnosis makes it possible to evaluate the potentially dangerous risks of an electrical installation dating of more than 15 years on the inhabitants of a house.
It is established by an expert of the sector accredited and enjoying a professional insurance in order to guarantee the reliability of its commitment.
The checking relates to a set of check-points established by the decree nº 2008-384 of April 22nd, 2008. It is mainly a question of controlling possible “electrical equipment unsuited to the use or presenting risks of direct contacts with elements under tension, the not mechanically protected drivers.
More in detail, the checks will go on the state of electrical installations in the privative parts bound for housing like their dependences.
In the same way, a report will be drawn up according to the standards of installation and operation of electrical installations by taking account of the parameters of safety.
The diagnosis is valid for one three years period and failing this, the compliance certificates established before January 1st, 2009 of less than 3 years could be accepted.
The absence of the realization of this obligatory procedure prevents the salesman from being placed behind the guarantee of latent defects in the event of litigations. |
