From 12th August 2008, a report on the risk of exposure to lead must be annexed to all new or renewed rental contracts concerning property for which the planning permit was issued prior to 1st January 1949. This is in addition to the natural and technological risks report which became obligatory from 1st June 2006 and the energy performance report which came into force on 1st July 2007.
The report is obligatory for properties built prior to the above date over all of the French territory and should have been drawn up within 6 years of the date of signing the rental contract.The rental contracts affected are those concerning a property for residential use and cover:
- unfurnished 3 year lets under the law of 1989
- seasonal lets
- furnished lets
- lodgings linked to profession or employment
- lets to seasonal workers
Lets relating to property exclusively for commercial or professional use are excluded but for mixed lets (i.e. commercial and residential) the report covers only the part of the property for residential use. For apartments or similar in co-ownership, the report only concerns the freehold and not the communal parts.
If the report does not reveal any risk of exposure to lead then the landlord is not required to produce a report on the occasion of each new contract: it suffices to annex the original report to each lease.
If the report does reveal a risk of exposure to lead, the owner should undertake the work necessary to suppress the risk prior to renting the property out. Failure to do so could engage the landlord’s legal liability, as could failure to provide the report in the first place.
The report is at the landlord’s exclusive charge and any agreement to the contrary is invalid.
© Headdon Consulting
Headdon Consulting Sarl
Le Moulié, 32190 Rozès (Gers), France
Tel: 0033-(0)5-62.68.00.81
Fax: 0033-(0)5-62.68.01.49
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