Assess property condition through mandatory diagnostics and optional surveys.
Let me explain how to assess the condition of a property you are interested in. First, let's talk about the mandatory “diagnostics.”
In French real estate, those "diagnostics" are inspections required by law when selling or renting a property. The notaire will require them to draft the sales agreement, so there is no way around them! They assess specific areas like energy efficiency, presence of asbestos, or lead, or termites, also: electrical and gas systems, as well as some environmental risks.
These reports inform prospective buyers of any potential hazards or regulatory issues but do not assess the property’s overall structural condition. In contrast, a surveyor’s report such as one obtained in the United Kingdom or the United-States, provides a broader inspection, covering the property’s physical structure (including walls, roof, foundation) and identifying necessary repairs.
While diagnostics in France are legally required, surveys in the United Kingdom or the United-States are optional but recommended, especially for older buildings. But here is a very important difference! The French diagnostics are focused on specific risks, whereas British or American surveys offer a comprehensive evaluation of the property’s condition.
In France, obtaining a full structural survey before making an offer is less common than in the United Kingdom or the United-States.
However, there are ways to assess a property's condition. Local artisans, such as builders or electricians or plumbers, can inspect specific aspects of the house and identify potential issues. While surveyors are mainly used for land boundaries, some offer structural services too. British-trained surveyors in France are particularly useful for English-speakers. A building expert can perform detailed inspections of structural elements like foundations and roofs, while a structural engineer can evaluate load-bearing structures if damage is suspected.
Now, let’s address the issue of the risk of hidden defects.
In French real estate, a hidden defect is a significant flaw in a property that wasn't visible or easily detectable during the sale and impacts its use or value. To qualify, the defect must be both “not obvious,” meaning undetectable by regular inspection; “pre-existing,” meaning present before the sale but undisclosed; and finally “severe,” such as structural issues, water damage, or infestations.
The seller is legally responsible for such defects under the “guarantee against hidden defects ». If such defects are discovered after the sale, the buyer can request a price reduction, cancel the sale for a refund, or seek compensation. The buyer has two years from discovery to take legal action, typically within five years of the sale.
If the defect is linked to a renovation, or the construction of an add-on, the builder's insurance covers structural defects for 10 years. By law, French builders must be insured, to cover risks and issues impacting the building's stability or integrity, like foundation problems or roof leaks. Buyers can file a claim under this insurance to cover repair costs, avoiding legal action directly against the seller. All paperwork and proof of insurance are compiled by the notaire and appended to the sales agreement.
Non-professional sellers of French real estate are not exempt from responsibility for hidden defects. Because the law applies equally to both professional and non-professional sellers. Private sellers remain legally accountable for hidden defects that significantly impact a property’s use or value, provided the defect existed before the sale and was not disclosed. Buyers can take legal action to cancel the sale for a refund, request a price reduction, or claim compensation for repairs.
To protect themselves, non-professional sellers often want to include a clause of non-guarantee of hidden defects in the sales contract, which can exclude liability for hidden defects if the seller was unaware of the defect at the time of sale and acted in good faith. At any rate, if it is proven that the seller knowingly concealed a defect, the clause is void, and they remain liable. In contrast, professional sellers cannot exclude liability for hidden defects, regardless of such a clause.
To conclude, here is my method. Here’s how I assist my clients:
Once prospective buyers express interest in a property after the initial visit, and we've reviewed the required diagnostics,
I bring in a trusted artisan to assess the home. Based on their evaluation, I determine if additional expert opinions are necessary.
I also request a preliminary estimate for work from the artisan to guide us in formulating a competitive offer for the property.
In my opinion, you should do the same!
If you want a (free) chat to discuss your project (or your situation or… problem) reach out pierre@frenchproperty.coach or +33 6 8434 8892 (I’m on WhatsApp). RCS Nimes 533018321, carte prof. CPI30022018000032895. www.frenchpropoerty.coach
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