Real estate: what to do if the sanitation diagnosis of my house is not compliant?

“I put my house up for sale and I learned that the sanitation diagnosis was not compliant. What should I do ? “

The response of Laurent Lamielle, lawyer at PAP.

“This question arises more often than you might think since 20% of the French population, mainly in homes, has a septic tank or an on-site sanitation device other than mains drainage. And around 500,000 homes have no sanitation system. Since 2011, the law requires carrying out a sanitation diagnosis, also called “state of the sanitation installation”, to sell housing with autonomous sanitation (a septic tank or similar). If this is your case, you are required to turn to your town hall and the non-collective public sanitation service (SPANC) responsible for monitoring your installation. If the diagnosis points to faults, which seems to be your case, the seller is not forced to carry out the upgrading work. This obligation falls to the buyer within a maximum period of one year following the sale under penalty of financial penalty.

“In fact, you have the choice between carrying out the work before selling or negotiating with the future buyer the price of the sale by deducting the cost of the work. Think about making quotes to play down the situation and not to scare away your buyer. In the event of repairs, it usually takes 1000 euros but on average 5000 euros if the installation is to be done (between 3000 euros and more than 10,000 euros depending on the techniques and the nature of the soil).

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“More generally, whether or not your home is connected to the mains drainage, it is essential to discuss it with your lawyer. More and more cities are in fact calling for a sanitation diagnosis when selling goods, even those connected to the main sewer. It is a good way to monitor the condition of the sewage pipes. Depending on the city, this check can be free or paid (between 100 euros and 200 euros) so find out! “

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