Unlimited, 1 year, 3 years, 6 months… The validity of property surveys is not uniform. This disparity may raise questions, but it is simply due to the nature of the checks carried out. While asbestos and lead only change in the event of building work, termite inspections or electrical installations require more frequent monitoring. Behind each duration lies a technical and regulatory rationale. In practice, knowing and respecting these deadlines is crucial to selling (or renting) legally. An incomplete or expired diagnostics file can jeopardize your transaction. Worse, it could expose you to penalties.
Diagnostics with unlimited validity, under conditions
Asbestos
The identification of asbestos-containing materials and products (ACMP) is governed by articles R1334-14 to R1334-29 of the French Public Health Code. Since April 1, 2013, it has unlimited validity if it concludes that no asbestos is present.
This permanence makes sense: asbestos has been banned in France since 1997. A property that is asbestos-free will remain so unless new materials are added.If no asbestos is found, the owner is exempt from future diagnostics and work. Only building alterations (demolition, drilling) can invalidate the initial report.
However, if asbestos is found, a more thorough assessment must be carried out to evaluate its condition. Three classifications are possible:
- Periodic assessment (EP): check every 3 years
- AC1 (Level 1 corrective action): enhanced monitoring
- AC2 (Level 2 corrective action): work required within 3 months
Lead
The lead exposure risk report (CREP), defined in articles L1334-5 and L1334-6 of the French Public Health Code, follows the same logic. If it does not reveal lead above regulatory thresholds, it remains valid as long as the property is unchanged. Note that the CREP is mandatory for buildings constructed before 1949 and covers all accessible coatings (paints, plasters).
As with asbestos, if no lead is found and no work has been done, the property survey does not need to be repeated. However, unlimited validity does not eliminate the risks associated with old paint. In case of deterioration, dust sampling may still be required.
Note: if lead is detected above regulatory thresholds, the CREP is only valid for 1 year when renting if the property is considered risky (damaged).
Carrez Law
The Carrez Law (Law No. 96-1107 of December 18, 1996) requires sellers of condominium lots to state the exact floor area in the deed of sale. Article 4-1 of Decree No. 97-532 of May 23, 1997, details the calculation methods. It includes floors, walls, and partitions, with no height threshold. It excludes cellars, garages, terraces, and units under 8 m².
A “Carrez” measurement does not need to be redone unless the layout is changed. Unlike asbestos and lead, the Carrez Law has no cut-off date. As long as the property’s layout remains the same, the original measurement remains valid.
Diagnostics requiring regular updates
Termites
The termite report, mandatory in municipalities listed by prefectural decree, is only valid for 6 months (Article R271-5 of the French Construction and Housing Code). The short period is due to the rapid spread of termites.
Regardless of the result, a new check is required for each transaction to ensure the current condition of the property. The certified professional inspects all accessible areas (interior and exterior) for signs of infestation. If necessary, they may probe the wood or take samples for analysis.
Risk and Pollution Report (ERP)
Buyers and renters must be informed of any natural or technological risks. This rule has been in effect since the law of July 30, 2003. The ERP is valid for 6 months. This period aligns with the validity of official documents. The purpose is to provide up-to-date information at each transaction (Article L125-5 of the French Environmental Code).
The ERP is prepared by the seller or landlord using public data (prevention plans, decrees, maps). It outlines the property’s exposure to risks (floods, drought, avalanches, seismic activity, radon), and lists previous insured claims.
Energy Performance Certificate (DPE)
The well-known DPE provides information on a building’s energy consumption and environmental impact. It’s now a critical factor in any property valuation. Since July 1, 2021, the calculation method has changed and the validity is now 10 years.
This reform comes from the ELAN Law of November 23, 2018, aimed at making the DPE more reliable. The new model (6.1) includes more factors (insulation, equipment, location) to assess a property’s energy performance more accurately.
Electricity and Gas Installations
The condition of internal electricity and gas installations must be updated every 3 years for a sale and every 6 years for a rental (Article L134-7 of the French Construction and Housing Code). These intervals match the frequency of mandatory checks.
During this diagnostic, the professional inspects the visible components (wiring, panel, sockets, valves) and checks compliance with safety standards. Minor issues are noted, and any dangerous installation is flagged for urgent work.
Sanitation
The sanitation diagnostic has been mandatory since the Water Law of January 3, 1992. A “non-collective sanitation system” must be checked at least every 10 years by the Public Service for Non-Collective Sanitation (SPANC) (Article L2224-8 of the French General Local Authorities Code).
SPANC checks the condition and maintenance of the tank, grease trap, drainage field, etc. They report on sanitation and environmental safety. If the system is non-compliant, repairs must be completed within 4 years (1 year in case of sale), at the owner’s expense.
What are the legal consequences of an expired or invalid diagnostic?
The rule is now well known: all mandatory property diagnostics must be valid and attached to the preliminary sale agreement, the authentic deed, and provided to the buyer at signing (Article L271-4 of the French Construction and Housing Code). Despite the cost of property diagnostics, skipping them can result in costly legal proceedings later.
But does an expired diagnostic make the seller liable? Yes, in theory. Attaching an expired diagnostic clearly violates the seller’s obligation to inform. This is especially risky in a competitive market like real estate listings in Paris. While there’s no automatic penalty, real legal risks exist.
The buyer may invoke a lack of information to sue the seller. They must prove the existence of a hidden defect and financial loss (depreciation, repair costs) to obtain:
- a price reduction proportional to the loss (Article 1644 of the French Civil Code)
- or even cancellation of the sale if there was deceit or significant error (Article 1130 of the French Civil Code).
Knowingly providing an invalid diagnostic may also be considered a misleading commercial practice. This is a criminal offense punishable by up to 2 years in prison and a €300,000 fine (Article L121-2 of the French Consumer Code).
Finally, valid diagnostics do not exempt the seller from liability for hidden defects (Article 1641 of the French Civil Code). If the buyer discovers a hidden fault not mentioned in the diagnostics, they can take legal action within 2 years of discovering it.