Landlords must provide a technical diagnostic file which must be attached to the tenancy contract. This document includes an energy performance report, a lead exposure risk assessment, plus a report detailing the status of natural, mining and technological hazards. Soon, information relating to asbestos and the condition of the domestic electricity and gas installations will also be required.
The energy performance report (DPE – Diagnostic de Performance Energétique)
An energy performance report must be attached to the tenancy contract, or any renewal of this contract. This report must be prepared by a competent, independent and impartial person who must also be properly insured. The document must list the equipment used for heating, hot water, cooling and ventilation, and indicate or estimate the annual energy used, and also assess the quantity of greenhouse gas emissions.
The DPE is valid for 10 years and is for information purposes only, which means the tenant cannot make a claim against the landlord based on this DPE information.
A DPE is not mandatory for seasonal rentals.
Identifying any risk of lead exposure (CREP)
A lead exposure risk report must be attached to any furnished tenancy contract which refers to a property built before 1 January 1949. Again, the CREP must be prepared by a competent, independent and impartial person who, in addition, must be properly insured.
If the tenancy contract concerns a rented property within a condominium, the report covers only the privately rented part of the building and thus excludes common areas.
In principle, the report is valid for up to six 6 years from the date the tenancy contract was signed. However, its validity is not time-limited if the report confirms the absence of lead-containing paintwork, or indicates a concentration of lead in the paintwork which is below 1mg per cm².
This report must be completed at the landlord’s expense.
The reporting of natural hazards, and mining and technology risks (ERNMT)
For property rentals located in a zone covered by a technological risk prevention plan, or a plan for the prevention of foreseeable natural disasters, a report about natural hazards, and mining and technology risks must be attached to the tenancy contract at the time of signature. This ERNMT (Etat des Risques Naturels, Miniers et Technologiques) document cannot pre-date the rental contract by more than six months. As from 1 July 2013, mining risks are separated from other natural hazards and must be fully detailed in a separate section.
Failure to attach an ERNMT report to a tenancy contract may allow the tenant to ask a judge to terminate the contract or otherwise reduce the rent.
Information relating to asbestos
The rules relating to protection against the risks of asbestos exposure have been significantly amended by Decree No. 2011-629, dated 3 June 2011.
Owners are not required to remove asbestos from non-residential outbuildings.
All owners are now obliged to keep asbestos tracking reports (the DAPP: an asbestos report on the private section of a property, and/or the DTA: an asbestos technical file) available for occupants in respect of all properties where planning permission was issued before 1 July 1997. They must inform their tenants about the existence of these reports and about their consultation procedures, but are not required to attach these reports to the tenancy contract.
However, the ALUR law does require that a copy report mentioning the presence or absence of asbestos or, where applicable, the presence of materials or construction products containing asbestos, must now be attached to the tenancy contract. A Conseil d’Etat decree will be required to define the rules governing the implementation of this wording and the list of materials or products.
Report on the condition of the domestic electricity and gas facilities
Again, the ALUR law provides that a report on the condition of the domestic electricity and gas installations must be attached to a tenancy contract at the time of signature. This status report is intended to identify and assess any risks to personal safety.
A Conseil d’Etat decree will be required to define the procedures for implementing this new requirement, the date these will come into force, and to address issues related to different types of housing. This decree is scheduled to be completed within six years from the publication of the ALUR law.
Warning: New gas and electricity diagnosis have to be provided by the lessor to the tenants from July 2017. Click here to read more
Tenant Information about noise and recovery of rainwater
- Information about noise regulations
If the accommodation is located in one of the defined noise exposure zones, the tenancy agreement must include a clear and legible clause specifying the noise zone in which the property is located.
- Information about the recovery of rainwater
In accordance with the Decree of 21 August 2008 concerning the recovery of rainwater and its use inside and outside buildings, the owner of a property with equipment for the collection, processing, storage and distribution of rainwater must inform tenants about the respective methods of operating these facilities.
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