Recent legislative changes have modified the law with regards to the checks of drainage systems where properties are not connected to mains drainage. A certificate to be provided by the vendor has been introduced but this will only be a legal obligation from 2013.
The first main check that is to be made is whether the property is connected to mains drainage. The notaire is to verify the information given by the vendor with the local authority. If there is mains drainage but the property is not connected then, unless there has been derogation for some reason, the owner is legally required to connect within two years of the mains drainage system being made available. The situation where there is a mains drainage network but the property is not connected to it should be dealt with in the contractual paperwork i.e. who is to be responsible for this, what is the deadline etc. Where there is a connection to mains drainage or the vendor undertakes to do this, two further points should be dealt with: is there proof that the connection has been properly made and has the now obsolete previous individual drainage system been correctly put out of service.
In the event that the property is not connected to mains drainage and there is no current possibility of connecting thereto, the second main check is whether there is an individual drainage system such as a septic tank. If there is not then this situation needs to be dealt with contractually. Does the purchaser take the property in its current condition and install a drainage system post completion of the purchase? If yes then it would be advisable to ensure that it will be possible to install such a system that complies with the norms because otherwise, once the obligatory deadlines for checks have run (see below), the new owner could have a very major problem. Such verifications include the size of the land to comply with regulations on filtration and the soil type. Soil testing is likely to be necessary. If the seller agrees to install the system then evidently the conditions of this will need to be specified in the paperwork.
If there is an individual drainage system then it is necessary to ask whether it complies with the current norms on drainage systems. This is where matters can become complicated and the information is not always available to purchasers. Local authorities have now been given until at the latest 31st December 2012 to organise the verifications of the compliance of individual drainage systems. This deadline was initially set at 2005 but very few compliance checks have in reality been done which means that it has been extended as aforementioned. If the checks have been done then evidently the vendor is to inform the purchaser of the results of the checks. If the drainage system complies then all is well and good. If not then the owner has four years following the checks to render the system compliant. In the latter case, what is to occur should be specified contractually e.g. does the vendor agree to undertake the work or, if not, what will the purchaser be required to do and by when.
If the local authority has not organised the checks then the vendor cannot, at this present time, be legally obliged to produce any form of certificate or have the system checked. If a purchaser wishes to have the system checked then, subject to negotiation with the vendor, it would usually be for the purchaser to organise at his charge. However, for sales from 1st January 2013 vendors will be legally required to produce a certificate confirming that the system has been checked.
The vendor should also certify the current working order and maintenance of the drainage system, be it a connection to mains drainage or an individual system. Any problems and defective maintenance should be drawn to the purchaser’s attention and not doing so may constitute a breach of contract.
© Headdon Consulting Sarl
+ + + + + + +
Contact details:
Headdon Consulting Sarl
Le Moulié, 32190 Rozès (Gers), France
Tel: +33 (0)5 62 68 00 81
Fax: +33 (0)5 62 68 01 49
Email
Website
