In the zones delimited by a prefectural decree, the seller is obliged to provide a statement of natural and technological risks relating to the property he is selling. The report is established for any real estate, built or not built: the grounds are thus concerned.
The state of risks and pollution is inserted in the technical diagnosis file attached to the compromise (or the promise) and then to thenotarial deed of sale. It must contain the information specified in article R125-26 of the Environment Code.
It allows the buyer to be informed, so that he buys with full knowledge of the facts, and knows if his property is located in a risk zone.
The 'risk' and soil information easement statement is drawn up according to the risks identified by the prefecture, and on a form defined by law: https://www.service-public.fr/particuliers/vosdroits/F12239
It is accompanied by documents enabling the location of the property and the identification of the risks.
The report is valid for 6 months. The law does not require a professional to draw up the report. It indicates :
- - The natural risks,
- - The mining risks,
- - The technological risks,
- - Seismic risks,
- - Information on soil pollution.
Note: the statement of risks and pollution indicates whether the property has been the subject of compensation following a natural, mining or technological disaster, while the seller owned the property, or because his own seller informed him of such a disaster when he bought the property.
As of January 1, 2023, the procedures for preparing and submitting the statement of risks are changing. It indicates the risks of exposure to natural, mining, seismic and technological risks. It informs about the presence in an area presenting a risk related to soil pollution. It extends to significant radon exposure risks. From now on, it will also cover the risk of the coastline receding.
As soon as the property is advertised, the seller or the lessor must inform the purchaser of the procedures for accessing the state of the risks. or the tenant. The information is formalized by mentioning the georisk access address. From the first visit, the seller or lessor must provide the potential buyer or tenant with the condition, which must not be more than 6 months old. This state must be attached to the promise of sale, the preliminary contract in VEFA, the authentic deeds or the rental contract (regardless of their nature, the law does not make any distinction). Failing this, the resolution of the contract or the reduction of the price may be requested.
In the event of the sale of land, information on soil pollution from the Soil Information Service (SIS) must be attached to the promise of sale. Failing this, the penalty may go as far as the cancellation of the sale contract, a reduction in the sale price or even the rehabilitation of the land at the seller's expense.