It is a diagnosis that is added to the already well-stocked list of mandatory diagnoses in the event of the sale of a property in a community.
After lead, noise, asbestos or even energy performance, the "sanitation diagnosis" comes into force from this Friday, July 1 for buildings in 70 municipalities in the Paris basin, the list of which is available here.
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In addition to Paris, four departments of the Ile-de-France are concerned: Essonne (nine municipalities), Hauts-de-Seine (three municipalities), Seine-Saint-Denis (11 municipalities) and, above all , Val-de-Marne (47 municipalities).
As for the controls of bad connections against which the public authorities want to fight, it intervenes within the framework of the 2024 Olympics.
350,000 Ile-de-France buildings potentially affected
If until now it concerned the case of the sale of a house not connected to the public wastewater collection network (if the latter does not yet exist or if the connection is not technically feasible), the sanitation diagnosis will now be mandatory before the transaction of a property in community.
It must make it possible to ensure the conformity of the connection to the public sewage disposal network.
The diagnosis must be produced by the municipality, and carried out "six weeks from the date on which the municipality received the request from the owner or the syndicate of co-owners to carry out the control of connection to the public sanitation network", specifies a decree published in the official journal on April 12, 2022. “It is a very short deadline, worries Thierry Delesalle, spokesperson for the Chamber of Notaries of Greater Paris.
In total, 350,000 buildings could be affected in Île-de-France.
With the number of transactions that there are currently, it seems very complicated to me to meet the deadlines.
As for the notaries, they will have to provide the Public Service for Collective Sanitation of the Sale of a Property (SPAC) with information to identify the accommodation and its new owner, within one month of the sale.
"This allows the SPAC to know who to contact, in order to check whether the work is being carried out on time", continues the notary.
Without the diagnosis appended to the compromise or the promise of sale, the buyer is entitled to claim a latent defect, to cancel the sale or to claim from the seller the responsibility for the work of upgrading to standards.