Buying a French Property: the Legal Requirements for Searches & Diagnostics

There are many differences to buying a property in France, compared to the UK. One of these are the searches, or diagnostics.

When buying a property in the UK, it is the buyer’s responsibility to carry out searches. You will normally want to carry out these in relation to the local authority, water and drainage and the environment, to name a few. If your property purchase falls through after you have carried out the searches, you will have lost what you have paid on the searches.

The only exception to the above is when you buy a property by auction. In this situation, in advance of the auction, you will be provided with, or sometimes pay a small fee, for an auction pack, which will contain information, including the searches.

By contrast in France, the seller must purchase, and provide you with a set of searches, the diagnostics, sometimes known as the DDT (Dossier de Diagnostic Technique). Most of these are valid for at least six months. They include:

• Asbestos: Compulsory if the house was built before 1997. The presence of asbestos does not mean that you cannot buy the house. However, you might need to do some work so that the house is safe to live in.
• Lead in the paintwork: Compulsory if the house was built before 1949.
• Termites: To check for the presence of termites or other wood insects or woodworm (only in some parts of France).
• Gas: A check for abnormalities.
• Electricity: A check for conformity. Abnormalities are reported on mentioning the degree of urgency required for repair.
• Electrical Wiring.
• Energy performance.
• Energy audit, if the energy performance is rated E or below.
• Security device on a swimming pool: All swimming pools must be equipped with a security device. It is also advisable to check if the swimming pool was put in place with planning permission.
• Dry rot (only in some parts of France).
• Natural and Industrial risks: These can be as diverse as (but not limited to) mudslides, shrinkage of clay soils, floods, seismic risks etc.
• Noise, if the property is near an airport.
• Septic tank (if applicable)
• Radon and Geotechnical Study (in some situations).

Other issues which should be researched by your notaire include rights of way, easements, whether correct planning permission has been obtained for modifications to the property, boundaries and whether there is connection to a sewerage network.

If any issues are revealed by any of the searches, your seller does not have to rectify them. Under French property law, a person buys the property as it stands. Therefore, unless your seller agrees to make any necessary repairs, you as the buyer will have to fix the issues once the sale has gone through.

This is why is it is essential to fully study the diagnostics, because if they highlight an issue, you may be able to negotiate and reduce the price.

Although the searches/diagnostics provide some information, they will not tell you anything about the state of the property, for example the condition of the roof, supporting walls, or the overall structural condition. It is sensible therefore to instruct a surveyor to provide a report on the property’s condition. The cost of such a survey is paid by the buyer.

It is important not to sign the preliminary contract (compromis de vente or promesse de vente) until you are satisfied with the results of the diagnostics, enquiries and survey.