The climate and resilience law, the environment code, the forestry code and the insurance code impose reinforced information obligations on buyers and tenants prior to the act of renting or selling a property located in areas with risks.
This information must appear in any announcement relating to the sale or rental, be given during the first visit and then be annexed to the promise of sale and the authentic deed.
The sale of a building or land affected by the OLD is now conditional on compliance with this Legal Obligation to clear bush on the plot sold.
In the event of production of an erroneous or false clearance certificate, the seller risks at best a cancellation of the sale or a reduction in the price; in the worst case €45,000 fine and 3 years in prison…
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To find out if the property is subject to Legal Clearance Obligations (OLD), click HERE
As legal advisor, the Notary is required to ensure that neither party will suffer harm through lack of information. He can easily verify the competence of the attesters by requesting a OLD zoning plan and the list of certified controls.
Our specific service for Notaries includes an in-depth analysis, guaranteeing complete and precise transmission of information between seller/lessor and buyer/tenant.
A professional real estate salesperson has an obligation to provide information which extends to an obligation to provide advice. In the event of a breach, he will be held liable and he risks being ordered to pay significant compensation in the event of cancellation of the sale or drop in the price.
Our studies and diagnostics allow us to have the assurance of perfect information and even a detailed estimate of possible work with an estimate of costs.
Make sure you provide the right information to buyers or tenants. You will have to assume the consequences of an erroneous or false certificate (cancellation of the sale or reduction of the price in the best case, and up to €45,000 fine and 3 years in prison, etc.)
Our studies and diagnostics allow us to have the assurance of perfect information and even a detailed estimate of possible work with an estimate of costs.
When selling real estate, the notary incurs civil liability, disciplinary liability and criminal liability. Its role being to secure legal relationships between people and to guarantee the value of the transactions carried out, it must ensure the reality of the information contained in the act.
The climate and resilience law (particularly in its article 236) and the environment code ( article L-121-5) , impose reinforced information obligations on buyers and tenants prior to the act of rental or sale of ‘real estate located in risk areas (including areas subject to OLD and/or covered by PPRIF). This information must be given to the potential buyer or tenant during the first visit, that any announcement relating to the sale or rental mentions it by specifying the means of accessing the information on the risks, and that it is annexed to the promise of sale and the authentic deed.
Decree No. 2022-1289 of October 1, 2022 relating to the information of buyers and tenants on risks specifies the content of the risk statement.
The new forest code in its article L131-16-1 supplemented by the decree of March 29, 2024 , simplifies the procedures for implementing the Legal Obligations of Clearing (The perimeters of the land concerned must be indicated in the PLU, exemptions from various declarations of cutting and felling, DFCI development easements).
Since July 12, 2023, the forest code now conditions the transfer of land or construction concerned by OLD to compliance with this obligation according to the terms defined in its article L-134-16 which also specifies that this information must be brought to the knowledge of the lessee during any conclusion or renewal of lease. The legislator had urgently indicated that the methods of monitoring compliance with the OLDs would be defined by a future decree, with the idea of entrusting these findings to garden/green space companies (which would have been judges and parties.. ) After reflection, it was noted that the simplification of OLD zoning in fact required, in many cases, complex GIS calculations beyond the reach of construction companies that do not have a planning office. Under the urgent obligation to publish a application decree, the legislator decided that the transferor of land or a building concerned by the OLD must certify on his honor having satisfied these clearing obligations in compliance with the legal and regulatory requirements, and in particular the implementation modalities decided by the state representative. Having become aware of the complexity of calculating the zoning of OLDs, the legislator limited this certificate to be annexed to the promise of sale and to the deed, only to the property on which the property is installed.
All this therefore poses some problems for the OLDs:
Notaries play a crucial role in any real estate transaction as they must confirm the correct fulfillment of legal clearance obligations. Our specific service for notaries includes an in-depth analysis, guaranteeing the transmission of complete and precise information between sellers/lessors and buyers/tenants. The complexity of this analysis requires an in-depth study to be carried out to avoid possible consequences in the event of an error.
.During a real estate sale, all parties involved have an obligation to provide information to their partner.
A very extensive information obligation for the seller: The existence of an obligation to provide information on the property sold, the responsibility of every seller, is today undisputed. It finds its seat within article 1602 paragraph 1of the Civil Code, under the terms of which: ” the seller is required to clearly explain what he is obligated to do ” Under this article, the seller must therefore inform the purchaser on all the essential elements of the contract and which are determining consent to the act of sale.
The professional seller is therefore, in addition to the obligation to provide information, bound by this obligation to advise. Consequently, it must ensure that buyers purchase real estate consistent with the destination they wish to give it.
From 01/01/2025, the risk statement must also indicate whether the property is located in an area subject to a legal obligation to clear bushes.
It is also necessary to provide information on natural risks when the assets are in an area exposed to risks delimited by a Forest Fire Risk Prevention Plan.
Ultimately, the seller must scrupulously ensure that he has provided all the necessary information to the buyer. Ultimately, the seller must scrupulously ensure that he has provided all the necessary information to the buyer. In the event of failure to fulfill its obligation to provide information or advice, the seller may incur liability and be ordered to pay compensation or this may lead to the sale being declared void if the violation of the obligation to provide information had the effect of effect of vitiating the buyer’s consent (example: Voluntarily concealing information that is known to be decisive for the buyer with a view to deceiving him and thus indirectly forcing him to contract).
