Real estate diagnosis: state of risks

The seller has the obligation to provide the future buyer with a statement of risks if the property is located in one of the following sectors:

• Risk exposure perimeter defined by an approved and publicly available Technology Risk Prevention Plan (TRPP)
• Area bounded by an approved and publicly available Predictable Natural Hazard Prevention Plan (PPRNP), or with provisions made immediately enforceable
• Risk-exposed area defined by an approved Mining Risk Prevention Plan (MPRP) that has been made public, or some of which have been made immediately enforceable
• Perimeter being considered as part of the development of the prescribed Technology Risk Prevention Plan (TRP), or a prescribed Predictable Natural Risk Prevention Plan (PPRNP) or Mining Risk Prevention Plan (MPRP)
• Level 2 (low), 3 (moderate), 4 (medium) or 5 (high) seismicity zone
• Zone with significant radon potential (radioactive gas), known as level 3 (highest)
• Area exposed to the recoil of the coastline defined by a local urban planning plan (PLU), a document in lieu of PLU or a municipal map, or determined by a prefiguration map adopted
• Area concerned by the brush clearing and brush keeping obligations.

The risk statement must be carried out in the event of the sale of any construction or field (constructible or not).

The risk statement is completed directly by the seller through a online service :

Completing the risk report

However, it is possible to carry out the risk assessment by means other than this online service. In this case, the document must contain all the information provided for in Article R125-24 of the Environment Code and be up to date.

The risk statement shall include the following information:

• Date of its elaboration
• Number of the parcel or parcels concerned
• Areas or perimeters within which the property is located.

As appropriate, it shall also include the following information:

• For each of the risk prevention plans within the perimeter of which the property is located: an extract from a graphic document situating the property in relation to the regulatory zoning, the extract from the bylaw concerning it and information indicating whether works are prescribed by the bylaw for this property and whether they have been carried out.
• The seismic risk factsheet if the property is located in a municipality classified as a level 2, 3, 4 or 5 seismicity zone.
• The radon fact sheet if the property is located in a municipality classified as a level 3 radon potential zone.
• Where the property is located in one of the areas exposed to the retreat of the coastline, an indication of the time horizon of exposure to the retreat of the identified coastline and a reminder of the requirements applicable to that area, an indication of the provisional nature of the zoning when it is prefigured and an indication of the possible application to the property of the provisions relating to demolition and rehabilitation.
• The list of orders recognizing the state of natural disaster taken in the commune that affected the property concerned and which gave rise to the payment of compensation. These orders can be consulted in the town hall or prefecture (or on their website).
• The information sheet on clearing obligations if the property is located in an area covered by the clearing and maintenance obligations.

In the event of a declaration of a state of natural disaster and where the seller has the expert report provided by the insurer, he must attach to risk statement the list of works allowing a cessation of existing disorders not carried out.

This applies even if the seller has already been compensated by insurance or if a right to compensation is open.

Existing unrealized disorders must be related to direct material damage caused by the natural phenomenon of differential land movements related to drought and soil rehydration occurring during the period in which he was the owner of the property.

The statement of risks must be given to the potential buyer by the seller during the 1^re visit of the property, where such a visit takes place.

It should then be annexed to the promise to sell or to the deed of sale or at preliminary contract in case of sale in the future state of completion.

This document must be dated and signed by the purchaser.

The seller must keep a copy of it to be able to prove that it was indeed handed over to the buyer.

The state of risk must be established for less than 6 months.

He needs to be refreshed if the information contained therein is no longer accurate on the date of signature of the promise to sell or the deed of sale, or of the preliminary contract in the event of sale in the future state of completion.

Any advertisement for the sale of immovable property (whatever the medium of dissemination) to be the subject of a statement of risks must include the following statement: " Information on the risks to which this property is exposed is available on the Georisks website: www.georisques.gouv.fr ».

The seller may be held liable if he does not transmit the statement of risks or if he provides inaccurate information in the advertisement of sale, misleading the future buyer.

The purchaser may appeal to the judicial court of the location of the property to request:

• Cancelation of the sale, possibly accompanied by damages and interest
• A reduction in the selling price, possibly accompanied by damages.