Between an incomplete regulatory diagnosis, poorly read zoning and a right to repair which is prescribed in two years, the pitfalls are numerous and the remedies more complex than they seem.
The statement of risks, the document that every buyer must require from the compromise
A buyer’s first line of defense has a name that many people still don’t know: Lstate of risks and pollutionformerly called the state of natural and technological risks. This regulatory document is mandatory when the property is located in a municipality covered by a risk prevention plan. It must be annexed to the sales agreement and be less than six months old at the time of signing. An outdated or missing document already constitutes, in itself, a serious reason for litigation.
What makes the hazard statement particularly useful is that it does more than just report the existence of a flood risk. It also mentions the history of claims compensated for the natural disasters. This section allows you to know if the property has already been the subject of a declaration and compensation for flooding during the seller’s ownership period, thus providing a look at the real vulnerability of the land and the building. A seller who minimizes the risk orally, but whose property displays three losses recorded in this document, finds himself in a legally delicate position.
The flood risk prevention plan
The second check concerns the flood risk prevention plansays PPRI. This municipal planning document defines colored zoning, the reading of which conditions any purchasing decision. The red zone corresponds to a high risk: all new construction is prohibited, and the possibilities of extension or renovation are strongly restricted.
The blue zone indicates a moderate risk, with reduced but real constraints. The green zone indicates a lower risk. The closer we get to red, the more building rights shrink. A buyer who plans to enlarge his house, create a master suite or fit out a basement may find himself faced with a permit refusal that he had not anticipated.
Compliance of existing constructions
The third check, often neglected, concerns the conformity of existing constructions with zoning. An extension carried out after classification in the red zone, without authorization, cannot legally be considered as habitable space.
It may even be the subject of a request for demolition by the municipality. This situation, more frequent than one might think, “ has direct consequences on the real price of the good » explains the lawyer since the actually habitable area is reduced as soon as the non-compliant extension is excluded from the calculation.
Hidden defect, statute of limitations in two years: what to do if the seller has concealed the information
When the damage is proven, several avenues are open to the injured buyer. The best known, and the most difficult to characterize, is the guarantee of hidden defects. Three cumulative conditions must be met. The defect must be not apparent at the time of the sale and prior to it. It must be sufficiently serious to make the property unfit for its intended use, in this case habitation.
And, a frequent obstacle, non-warranty clause for hidden defects is almost systematically inserted in the deeds of sale, which makes this route ineffective unless it can be proven that the seller knew of the defect. The bad faith of the seller – repeated unreported floods, a basement regularly flooded during visits – then becomes the key to the case.
Bailiff’s report and amicable expertise: the two determining tools
To characterize the existence of disorder, two tools prove decisive in practice. THE bailiff’s reportcarried out at the very moment of a flood, constitutes irrefutable proof of the date and extent of the disaster. L’amicable expertiseoften mandated by the insurer, can establish that the topography of the land and the absence of anti-flood construction provisions imply that the seller was necessarily informed of the risk. If no agreement is reached, “a judicial expertise designated by the court takes over.”
When the guarantee of hidden defects is established, two sanctions are possible: either the resolution of the sale with restitution of the price, i.e. the reduction of the sale price to the extent of the damage suffered. If the seller is proven to have acted in bad faith, he must also pay full damages, including loss of use, economic damage, moral damage and reimbursement of attorney’s fees. For the real estate agent and the notary, liability takes the tort route, through failure to provide information and advice.
The limitation period not to be forgotten before an appeal
THE limitation period is the element that no one should lose sight of. The action for guarantee of hidden defects is prescribed by two years from the discovery of the defect. A seller skilled enough to drag out negotiations, increase informal exchanges and delay awareness of the problem can, in two years, make any recourse impossible. As soon as a first disorder is noticed, “contacting a specialist lawyer is therefore not a precaution, it is a necessity.”
The five-point checklist before signing
- Demand the state of risks and pollution annexed to the compromise, dating from less than six months, and check the historical section of compensated losses.
- Consult the PPRI at the town hall or on Géorisks to find out the exact zoning of the property: red (high risk, new construction prohibited), blue (moderate risk), green (lower risk).
- Check the conformity of all constructions existing with PPRI zoning, by requesting building permits and the corresponding prior declarations.
- Ask the seller directly about flooding historyinfiltrations and rising water, and have the responses formalized in writing in the deed of sale.
- Do not wait in case of disorder observed after the sale : the time limit for recourse for hidden defects is two years from discovery. Call a specialist lawyer from the first incident.
Purchasing a property in a flood zone involves significant legal and financial risks. The information in this article is provided for informational purposes and does not constitute legal advice. In the event of a dispute or doubt about the situation of a property, it is recommended to consult a lawyer specializing in real estate law. Data on exposure to flood risk can be consulted free of charge on Géorisks (georisks.gouv.fr).
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