The ALUR law, or “law for access to housing and renovated town planning”, has changed real estate transactions since its entry into force on March 24, 2014. Its main objective? Bring better protection to buyers and guarantee total transparency of the information provided by the seller. This means that anyone wishing to sell a property must comply with a set of strict rules. As a lawyer, I have often been faced with files where non-compliance with the requirements of the ALUR law led to disputes between the parties. This is why it is essential to know the documents to provide during a real estate sale. In this article, I will detail What are the Alur law documents necessary, by explaining their importance and the consequences of their absence for the seller and the buyer.
What are the ALUR law documents: to know everything
The Alur law requires sellers to provide a set of documents before signing the promise to sell or the final act. One of the pillars of this transparency is the Technical diagnostic file (DDT). This file brings together various compulsory diagnoses, such as the Energy performance diagnosis (DPE)l’State of natural, mining and technological risks (ERNMT)as well as the Risk of lead exposure to lead For goods built before 1949. For good of more than 15 years, it is also required to provide the condition of gas and electricity facilities. These diagnoses allow the buyer to know the general state of the property and to assess any risks before committing. Their absence can lead to the nullity of the sale or engage the seller’s responsibility for hidden vices.
The supply of these diagnoses is therefore a crucial step. For example, an unfavorable energy diagnosis can influence the purchase decision or even negotiate the sale price. As for the ERNMT, it has become essential in many regions to assess seismic risks, floods, or the presence of polluted soils. It is a guarantee of security for the purchaser, and a guarantee for the seller to comply with the legal requirements.
The importance of co -ownership documents
For the sale of a property located in a condominium, the Alur law imposes the delivery of specific documents, which allow the buyer to know the organization and the operation of the condominium. Among these documents, the co -ownership and theDivision descriptive statement are essential. They define the rules of life within the building, the common and private areas, as well as the rights and obligations of each co -owner.
In addition, it is compulsory to provide minutes of general meetings of the last three years. This allows the buyer to get an idea of the work carried out or planned, the possible financial difficulties of the co -ownership, or the decisions concerning subjects such as renovations or the management of common areas. The ALUR law therefore strengthens transparency and knowledge of life in condominiums before purchase. Neglecting these documents may result in suspension of the buyer’s withdrawal period and delay the sale.
The weight of financial information
In terms of co -ownership, the ALUR law also requires the communication of financial information. This includes in particular the Amount of current charges of the provisional budget, but also the exceptional charges which could be claimed from the co -owners in the context of work or repairs. This information is crucial for the buyer, because it influences his budget and his ability to bear the costs of the condominium.
For example, high co -ownership charges can cool a buyer, especially if they are not justified by renovation or improvement of the building. This is why the Alur law also imposes the delivery of the synthetic sheet of condominiumswhich summarizes the financial and technical data of the building. In the event of non-compliance with this obligation, the seller exposes complaints from the buyer.
The key role of the title deed
The title deed is a fundamental document in any real estate sale. He certifies that the seller is the owner of the property and that he is entitled to sell it. This document must be accompanied by Last tax notice for property taxwho attests that the property is up to date at the tax level. The objective of the Alur law is here to offer the purchaser all the necessary guarantees on the legal situation of the property.
Without the title of ownership, the sale cannot be finalized, because this document is essential to authenticate the transaction before a notary. It is also a way to check the absence of disputes or easements affecting the property. A breach of this obligation can lead to delays in the signing of the deed of sale, or even contentious procedures if inaccurate information is discovered after the fact.
Withdrawal period and incomplete documents
One of the specificities of the Alur law lies in the 10 -day withdrawal period Given to the buyer after signing the promise to sell. This period only begins to run from the delivery of all the documents required by law. Thus, if only one document is missing, the buyer can delay his decision or even withdraw without losing his security deposit.
This provision aims to strengthen the legal certainty of the buyer by offering him the possibility of disengaging if he discovers new or disturbing information on good. For the seller, this implies rigor in the creation of his sales file, because a lack of communication can lead to administrative complications and delay the sales process of several weeks, or even more.
Specificities for rental with the Alur law
The ALUR law is not limited to real estate transactions. It also imposes strict rules for rental. For example, the owner must give the tenant a detailed rental contract Accompanied by an information notice on the rights and duties of each party. This notice is compulsory and must be annexed to the contract since January 1, 2018 for all new leases.
The provision of diagnostics, such as Energy performance diagnosis and thenatural risksis also mandatory before signing the lease. These documents make it possible to secure the rental, by informing the tenant about the energy consumption of the accommodation and the possible risks. In the event of a breach of these obligations, the owner is exposed to sanctions and may see his responsibility engaged in the event of a dispute with the tenant.
Compulsory diagnoses and their impact
The Technical diagnostic file (DDT) There remains the heart of transparency in any real estate transaction. This file includes several analyzes, such as the asbestos diagnosisthe Risk of lead exposure to leadand theElectricity interior installation condition For goods built before 1975. Each diagnosis aims to guarantee the safety of the buyer and allow him to buy with full knowledge of the facts.
The importance of these diagnoses should not be underestimated. For example, a diagnosis revealing a presence of asbestos can justify a renegotiation of the sale price, or even a deistening of the buyer. Likewise, a DPE showing low energy performance can encourage the buyer to request energy improvement work before purchase. For the seller, transparency is therefore the key to avoiding disputes after the sale.
My advice for a successful transaction
As a lawyer, my advice for anyone wishing to sell or rent a property is to consult their notary as soon as possible. The latter will be able to support you in the constitution of the sales file and will verify that each document is in good standing. A real estate transaction is a complex process, and the Alur law is demanding on the transparency of the information to be transmitted to the buyer. Around you
… Rant of competent professionals, you put all the chances on your side to conclude the sale quickly and in all serenity. Never forget that the slightest omission can have legal consequences, and that respecting the ALUR law is a guarantee of transparency and confidence.
Conclusion
The ALUR law has profoundly transformed the rules of selling and real estate rental in France, by placing transparency at the center of exchanges between sellers and buyers. As a lawyer, I strongly advise you to meet all the documentary requirements to secure your transaction. Whether for the title of ownership, technical diagnoses or financial information, each piece is important and contributes to a harmonious sales process. By respecting these obligations, you limit the risk of disputes and offer the buyer all the guarantees necessary for a confidence acquisition.
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