False DPE: real estate buyers, what are your remedies?

In order to combat the DPE of complacency, the Court of Auditors recommends strengthening, by the end of 2025, the information of individuals on possible appeals.

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“A simple informative and technical document”. This is what the Energy performance diagnosis (DPE), which measures the consumption of gas and/or electricity of housing and its greenhouse gas emissions, was still five years ago, recalled Pierre Moscovici, first president of the Court of Auditors, this Tuesday, June 3, during the presentation of a report on the reform of the DPE in 2021. A reform that made DPE the keystone of the energy renovation policy, Resilience of 2021 prohibiting the rental of housing noted G on the DPE since January 1, 2025. This prohibition will strike the goods classified F in 2028, then the E in 2034. The DPE also became enforceablewhich allows any tenant or buyer of a property to turn against the landlord or the seller if he considers to have been deceived.

Take the example of an investor, who acquires a studio to rent him to a student or a young asset. He buys this good because he is noted on the DPE, which shelters him from the gradual prohibition for the rental of thermal colanders. But the electricity bills of his tenant are much more important than expected. The owner then involves a diagnostician to check the DPE note. This is actually F. Not only can the owner no longer rent the accommodation from January 1, 2028 but, if he decides to sell it, he will give it up with a The so -called thermal colander. “The energy performance label has a proven impact on the market value of goods. According to the Higher Notariat Council, the effect of a very economical label A or B on prices would go from +4% to +20% depending on the region, compared to a property rated “writes the Court of Auditors, stressing the “Major and insufficiently anticipated consequences of the DPE reform on the heritage situation households “.

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Strengthen information on appeals against false DPEs

In order to “Limit as much as possible DPE of complacency»»she recommends that the government “Strengthening, before the end of 2025, the information system for public attention on possible remedies”. Information “Written in very small on the Cerfa form” of the DPE, regrets the Court of Auditors. What are these Appeals ? In the event of an erroneous DPE, legal action for compensation purposes is possible “Against the diagnostician, on the basis of extra -contractual civil liability, against the professional seller for hidden defect, against the particular seller if he knew that the DPE was wrong, and against the trustee in the event of erroneous information on his part”details Maître Valentin Simonnet, lawyer at the Paris bar, on his website.

As for compensable damage,, “In most cases, it will be equal to the amount of the work to obtain the energy performance label displayed in an erroneous manner by the first DPE”he adds. The Court of Auditors, however, recommends trying to try a conciliationespecially with the diagnostic skills certification organization. A shorter process and otherwise less expensive than a legal action.