Real estate diagnostics commercial lease | CASADIAG EXPERTISE

Mandatory real estate diagnostics Commercial local lease,

Offices, Goodwill, Retail, Warehouses, Industries

LOCAL CO 2.JPG

Mandatory diagnostics local professional commercial lease

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Monday to Friday 24 hours a day + intervention on weekends

Since 2011 we have been carrying out all the diagnostics necessary for the rental, commercial lease or sale of professional premises. Above all, we have the ASBESTOS MENTION and DPE MENTION certifications required to carry out these diagnoses which can be verified on the state site:

http://diagnostiqueurs.din.developpement-durable.gouv.fr/index.action

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These diagnostics for business premises are aimed at offices, small commercial areas (café-Tabac, restaurants, hotels) as well as warehouses, supermarkets or DIY stores (GSA, GSB) and industrial sites.

COMMERCIAL LEASE AND TECHNICAL DIAGNOSIS FILE France

What are the mandatory diagnostics to lease a commercial lease?

Professional and commercial premises are required to carry out various technical diagnostics.
The DPE with mention, the DTA (technical asbestos file), the state of risks and asbestos are the most recurrent.

Possibly the environmental annex. And if part of the room is for residential use, it will be necessary to complete the lead.

In the event of non-compliance by the lessor with the aforementioned obligations, the penalties vary:
- termination of the lease or reduction of the rent in the absence of annexing the ERNT to the lease,

- termination of the lease or reduction of the rent if the DTA is not annexed to the lease,

- termination of the lease or reduction of the rent in the absence of annexing the Termites diagnosis to the lease,
- criminal liability of the lessor for failing to annex the CREP (if it is demonstrated that the lessor was aware of the presence of lead),
- no sanction foreseen for the DPE which has only an informative value (but the jurisprudence could judge that the lease is vitiated of nullity).

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1 - THE ENERGY PERFORMANCE DIAGNOSIS

The DPE must be attached for information for all commercial rentals of buildings with heating located in condominiums.

Please note that this DPE for the Tertiary sector requires certification with the so-called "DPE all types of buildings" which covers the performance of diagnostics in buildings and buildings for main use other than housing (tertiary, industry).
The period of validity of a diagnosis is 10 years.

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2 - ASBESTOS: DTA or even   DTA ENGINEERING AND EXPERTISE asbestos.

This diagnosis concerns all buildings built before 01/07/1997 (article R1334-18 of the Public Health Code).

It is known as the DTA (technical asbestos file) and must be checked every 3 years as part of the periodic assessments of materials considered to be asbestos.
Please note, this obligation is penalized. It's a 5th class ticket.

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3 - STATEMENT OF RISK OF EXPOSURE TO LEAD: CREP

For all commercial rentals that include a part rented as a dwelling, the lead exposure risk assessment (CREP) is mandatory if the building was built before 1949.
It is valid for 1 year.

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4 - THE STATE OF NATURAL AND TECHNOLOGICAL RISKS

The state of natural and technological risks is required for buildings located within the perimeter of a risk prevention plan (PPR) or of a seismic zone.
The validity period is 6 months. This document can be completed by the owner himself (information from the town hall, prefecture or on www.ecologie.gouv.fr).
Please note, if this document is not attached to the lease, article L125-5 of the Environmental Code allows the tenant to request either the termination of the lease or a reduction in the price.

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5 - TERMITES-PARASITES

The obligation of a termite diagnosis (according to the department defined by prefectural decree) which applies for the sale of commercial premises must take place 6 months before the signing of the proposal or the sales contract. As part of a rental, in case of discovery of termites in the home, the annihilation will be the responsibility of the landlord.

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6 - THE ENVIRONMENTAL APPENDIX

In force since January 1, 2012, this diagnosis only concerns tenants of offices or businesses of more than 2,000 m² and for leases entered into or renewed from that date.
For current leases, these new provisions will take effect on July 14, 2013.
This appendix includes documents provided by the lessor and the other by the lessee (lessee), article R136-1 and R136-2 of the Construction and Housing Code.

Documents provided by the lessor:

The list, the complete description as well as the energy characteristics of the existing equipment in the building and relating to waste treatment, heating, cooling, ventilation and lighting as well as any other system related to the specific features of the building ;

The actual annual energy consumption of the equipment and systems it operates;

The annual water consumption of the rented premises and of the equipment and systems it operates;

The annual quantity of waste generated by the building if the lessor ensures the treatment and, where applicable, the quantity that it has collected for recovery or specific treatment.


Documents provided by the lessee:

The list, the complete description as well as the energy characteristics of the equipment that he has installed in the rented premises and relating to waste treatment, heating, cooling, ventilation, lighting and all other system linked to its specific activity;

The actual annual energy consumption of the equipment and systems located in the premises rented or of which it operates;

The annual water consumption of the rented premises and of the equipment and systems it operates;

The annual quantity of waste generated from the rented premises, if the lessee processes it, and, where applicable, the quantity that he has collected for recovery or specific treatment.

Who pays for mandatory diagnostics?

In all cases the diagnoses are the responsibility of the seller who orders the realization of these real estate diagnoses both for the sale of individual goods for the sale of goodwill or the writing of a new commercial lease.

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It is practice for professional goods to pass the cost of these diagnoses to the buyer when drafting a new lease or when renewing the lease.

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This is what emerged from a judgment of the Court of Cassation in January 2013. The highest court was based on "Article L. 271-4 of the Construction and Housing Code which only imposes on the seller an obligation to provide information consisting in the provision of a diagnostic file. technical, to the exclusion of any provision concerning the financial burden of establishing the diagnostics. "

However, the decree bothers the notaries. Because it contradicts somewhat a previous judgment of September 2011 still emanating from the Court of Cassation, which suggested that the burden of DDT necessarily fell on the seller. In this context of "jurisprudential uncertainty", the Notaries of France recommend that professionals "insert a clause in the promise to sell clearly indicating whether it is the seller or the purchaser who bears these costs of technical diagnosis. . "

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