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Mandatory diagnoses when renting a property

Diagnostics during a rental

Are you renting your property?
If it is a property for residential use, you must give the tenant a file of technical diagnostics whose content varies according to the property you rent.

If it is a property for a use other than housing, you do not have the obligation to build a file of technical diagnostics, but some diagnoses must still be annexed to the lease.

The state of natural, mining and technological risks and polluted soils:
This diagnosis is mandatory for all properties, including land, as long as they are located within the perimeter of a risk prevention or seismicity plan.

Information on polluted soils is mandatory when the land is located in a soil information area, determined by prefectural decree.

The energy performance diagnosis:
This diagnosis is mandatory for all enclosed and covered buildings equipped with a heating system.

Lead:
This diagnosis is mandatory for all residential properties built before January 1, 1949.

Electricity:
For residential leases constituting the tenant's main residence, this diagnosis is mandatory since January 1, 2018 for all dwellings, regardless of their date of construction, when the electrical installation is more than 15 years old.

Gas:
For residential leases constituting the tenant's main residence, this diagnosis is mandatory since January 1, 2018 for all dwellings, regardless of their date of construction, when the gas installation is more than 15 years old.

Information on the risks of air noise pollution:
This document is mandatory for dwellings located in an aerodrome noise exposure area.

Note : Regarding asbestos, the owner has
the obligation to:
• For the private portions of a condominium lot : to keep at the disposal of the tenants the asbestos file – private portions.  He must tell the occupants how to consult this file.
• For the common areas of a condominium : to keep an asbestos technical file, and tell tenants how to consult it. The summary sheet of the asbestos technical file is communicated to the tenants of the property within one month of its constitution or update.

Good to know

From 1 January 2020, the seller must give the buyer of a new home a digital notebook of information, monitoring and maintenance of the home. It will be mandatory for existing housing from 1 January 2025. This notebook will include the technical diagnosis file of the housing.

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