Evolution of the duty to inform on natural, technological or mining risks, pollution and noise pollution

In the face of global warming, the public authorities are strengthening information for buyers and tenants. The "Climate and Resilience" law of August 2021 has tightened up the information system concerning the state of risks and soil pollution when buying or renting a property. The terms of application of these new provisions came into force on January 1, 2023.

Your experts at Côte d'Azur Sotheby's International Realty explain everything you need to know.

Applying this information to the real estate industry

When selling (or renting out) a property, the law requires the seller (or lessor) to provide the buyer (or lessee) with a certain amount of information on the situation of the building. Since January 1, 2023, the enforcement decree of the "Climate and Resilience" law imposes a very strict information obligation in addition to the one that already existed in particular around the Energy Performance Diagnostic (DPE).

Regarding the obligation to provide information on risks and soil pollution, the Government imposes, as soon as the real estate advertisement is published (sale or rental), the mention "Information on the risks to which this property is exposed is available on the Géorisques website: www.georisques.gouv.fr".

Don't worry, this mention is mandatory and does not systematically mean that the property is subject to any geohazard.

State of risks and soil pollution: what is it concretely?

There are several types of risks that are assessed.

In terms of natural risks: Flooding, land slides, volcanic eruption, forest fire, cyclone, radon, earthquake, storm, coastal risks, avalanche.

In terms of technological risks: Industrial accident, nuclear accident, hazardous materials transportation pipeline.

The content of the risk statement

The essence of the text of the law is to insist on the fact that from now on it is not enough to declare if a risk exists, it is also necessary to provide the information having to do with what it implies on a case by case basis.

Depending on the number of risks to which the property is exposed and the degree of these risks, the risk statement may be a more or less substantial document. The risk report must be established within the last 6 months. If the visit is virtual, the risk report can be delivered by dematerialized way.

Public authorities provide you with many digital resources and in the town hall to understand these risks and to provide you with details on those that concern your town.

Your real estate experts at Côte d'Azur Sotheby's International Realty will advise you on these new obligations, direct you to competent professionals to carry out these diagnoses, and accompany you on your real estate projects on the French Riviera. 

Contact us via info@cotedazur-sothebysrealty.com or +33 (0)4 92 92 12 88