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Due Diligence
Herebelow are listed some of the most important points which must be adressed before acquiring your property and which the Notaire will check for you
but which you must be aware of.
 Asbestos investigation
(Situation de l'immeuble au regard de la réglementation relative à l'amiante)
The seller declares that the property, being used for habitation, contains no asbestos.
A certificate prepared by an approved surveyer will be requested by the Notaire.
Lead poisoning investigation
(Lutte contre le saturnisme)
The seller declares that, to his knowledge, there is no risk nor history of poisoning from lead in the building.
A certificate prepared by an approved surveyer will be requested by the Notaire.
Termites
(Etat parasitaire - termites)
We recommend to ask for a technical survey for the presence of termites.
In many areas it has already become compulsory and will be requested by the Notaire for the execution of the deed.
Right of preemption
MUNICIPALITIES:
Municipalities have also right to pre-empt. The Notaire will make the necessary diligence to obtain its redemption.
SAFER:
Safer is a french statutory body which has the right to pre-empt any sale of farming land covering more than 2 500 m² (about 25 000 sq²)
of land in order to facilitate the settlement of new farmers, or environmental preservation. The Notaire will make the necessary diligence to obtain its redemption.
CONSERVATOIRE DU LITTORAL:
This government body has a right to pre-empt properties located on the sea coast.
The Notaire will make the necessary diligence to obtain its redemption if applicable.
TENANT:
If the property is leased, the tenant may have some pre-emptive rights. The Notaire will make the necessary diligence
Mortgage
(Hypothèque)
The Notaires must make sure when preparing the final deed:
1) that the revenue generated from the sale is sufficient to clear all debts registered against the property.
2) that there have been no rights of way created by the seller which will impact on the usage of the property
and which are not described in the current document.
The discovery of a problem gives the purchaser the right to retract from the sale.
Swimming pool safety laws
There are important laws which have been passed regarding the safe usage of swimming pools. Find the Law here
There is continuing confusion about what types and specifications of security systems people should install. At first, there was a period during 2003 whilst experimental standards (published for public information) were under discussion. Some people went ahead and installed equipment, especially fences, on the assumption that the experimental standards would be ratified. Others waited on the basis that if you install equipment based on experimental standards you run the risk of having to change or upgrade when the final standards were published.
After a long delay, the final standards were published and ratified in January 2004, or so we thought.
Because in March AFNOR, the French standards body, announced that they would be publishing revised "normes" after early tests on equipment threw up a need for further clarification.
There is a statmenet which summarises the latest position here
So what can we be sure of?
Well, in case you still want the full official version of the "final" standards you can purchase online (Euros 67.15) the following standards documents from AFNOR, the French standards body, here (Type in the number of the standard in the Search box):
Safety Barriers (Fences) - FinalStandard published NF P90-306
Safety Covers - Final Standard published NF P90-308
Pool Alarms - Final Standard published NF P90-307
Pool shelters - Final Standard published NF P90-309
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