Selling a house or an apartment: what are the mandatory steps?
13 December 2021
The sale of a property is not a trivial transaction and requires you, as a seller, a certain number of preliminary steps and obligations of all kinds. Below is a complete update to make it clearer!
Mandatory steps : the seller's obligations
The seller's obligation to informThis is the main constraint on the seller : to provide transparent and complete information to the buyer about the property for sale. Concretely, this translates into different steps to be taken.
Respect of the sales agreementIn addition to his duty to provide complete and fair information, the seller is bound from the signing of the sales agreement, and undertakes by this act to transfer the property concerned, at the agreed price and under the conditions provided for in the contract. This therefore means that he can no longer retract or sell to another buyer. He must also clear the house of his furniture and personal items before the date of the transaction.
Termination of energy contractsTwo to three weeks before signing the authentic deed, the seller must not forget to take the necessary steps to terminate his gas, electricity and water supply contracts, and take a meter reading before transferring the goods. housing keys.
The technical diagnostic file required to sellThe preparation of the technical diagnostic file (DDT) is compulsory before the sale. This step requires the seller to call on various professional diagnosticians to assess the condition of the property and provide complete and sincere information to potential buyers.
- The energy performance diagnosis (DPE) concerns all goods without exception.
- The "asbestos" diagnosis is mandatory if the building permit is prior to July 1 , 1997.
- The "lead" diagnosis is mandatory if the property was built before 1949.
- The "gas" and "electricity" diagnoses are required if the respective installations are more than 15 years old.
- The “termites” and “dry rot” diagnoses are to be carried out only in the areas targeted by a specific prefectural decree.
- Finally, the state of natural, mining and technological risks (ERNMT) must be provided if the municipality is the subject of a prevention plan in this area.
Box : technical diagnoses that are not prohibitive for the sale The various technical diagnoses are purely informative. This means that a bad diagnosis (for example poor energy performance or an outdated electrical installation) does not prevent you from selling if the buyer remains interested!
Selling your property : other documents or proofs to provide to the buyerWhen the house for sale is not connected to a collective sanitation network, its owner must produce a certificate of conformity for his private installation. The validity period of this certificate is three years. More generally, it is recommended to carefully keep all the documents relating to the initial construction of the building and any extension sites that have subsequently arisen. You must be able to produce a copy :
- Building permit,
- Work declarations,
- Reception reports,
- Anything that can attest to the regularity of the work carried out over the years,
- A certificate of insurance for all construction sites of extension, elevation and development whose delivery dates back to less than ten years.