Since 2003, any real estate project located in a so-called "sensitive" zone must be accompanied by a diagnosis. In 2023, the Climate and Resilience Act will further strengthen protection for buyers and tenants.
Introduced in 2003, the French law on the prevention of natural and technological risks and the repair of damage, the État des Risques Naturels, Miniers et Technologiques (State of Natural, Mining and Technological Risks) requires property owners and lessors to provide a diagnosis for any property located in an area deemed to be at risk. In 2023, the obligations linked to the Risk and Pollution Statement (ERP) will be strengthened to provide even greater protection.
8 selected risks
Natural hazards exist when certain phenomena are deemed likely to be dangerous for the population, structures and equipment. The prevention of natural hazards involves adapting to these phenomena in order to reduce their consequences and potential damage as much as possible. It also involves informing people living in areas deemed particularly sensitive to such risks. In France, the public authorities have defined 8 categories of climatic hazard: floods, earthquakes, volcanic eruptions, landslides, avalanches, forest fires, cyclones and storms. Mining and coastal risks have recently been added. And let's not forget the State of Risks and Pollutionand the State of Noise and Airborne Nuisances (ENSA).
Coastal erosion
You're dreaming of a house or apartment with a sea view. You'll need to take coastal erosion into account when looking for a property. A measure of the French Climate and Resilience Act takes this new parameter into account, and will enable buyers and tenants of a property bordering the coast to be better informed about its environment and existing or potential risks.
Comprehensive information right from the first visit
The French Climate Act reinforces the information that must be provided when selling or letting properties in areas affected by potential natural hazards. By January 1, 2023, real estate professionals will be required to specify in their advertisements (window displays, press, etc.) and on the web whether the property is located in an area exposed to one of the aforementioned risks. The relevant documents must be handed over at the 1st visit. And not just when the sales contract or rental lease is signed. It will be up to the landlord to provide this information. Failure to do so could invalidate the transaction. This reference will also have to be communicated to the www.georisques.gouv.fr website , which can be used to determine whether the property is located in a high-risk zone.
According to the French Ministry of Ecology, 2/3 of France's 36,000 communes are exposed to natural hazards.
A soil survey can be added to the list
Droughts followed by heavy rainfall have become more frequent in recent decades. These climatic phenomena lead to settlement and other ground movements that can jeopardize the solidity of buildings. Although not included in the list of natural hazards, since January 1, 2020, in regions particularly exposed to these risks, the Elan law requires a prior geotechnical study, provided by the seller of the land. The geotechnical study (known as G1-PGC) must be appended to the preliminary sales agreement or to thefinal deed of sale. It enables us to assess the risks on the scale of the plot, taking into account geotechnical constraints, and to define the general principles for construction.
If you choose to work with a builder under a Contrat de Construction de Maison Individuelle, he or she must provide you with a "design" geotechnical study. Indeed, the law stipulates that a professional builder cannot build a house without taking into account the good or bad quality of the soil. This study will take into account the precise design of the house to be built (layout and characteristics) to define the provisions and construction rules to be respected. The cost of the soil survey is the responsibility of the builder, who must cover both the material and financial costs.
Real-time alerts
The French Ministry of the Interior has developed the FR-Alert system. Thanks to geolocation, this system can be used to alert in real time anyone present in an area of major risk or imminent danger (storm, fire, pollution or biological, chemical or industrial accident, as well as acts of terrorism, epidemics, etc.). The notification, accompanied by an audible alert and a vibration, includes information on :
- the nature of the current or imminent event, and therefore of the danger it represents or is likely to represent;
- the place or geographical area where the danger is occurring or is likely to occur;
- instructions and advice on how to protect oneself in the face of this danger (sheltering, evacuation, etc.);
- where applicable, a link to an official website for further information.
There's no need to register in advance to receive alerts, no matter where you are or what cell phone you're using.
www.georisques.gouv.fr
This site provides comprehensive risk dossiers, available information and the status of major risks for every commune in France, including the list of natural disaster declaration decrees, hazard maps and Natural Risk Prevention Plans (PPRN).
Marie-christine Ménoire