Energy performance diagnosis (DPE) is now familiar to most real estate buyers and sellers. But do you know the Non -collective sanitation diagnosis (ANC)? No? However, it is compulsory as soon as the accommodation is not connected to the entire eg. A judgment of the Court of Cassation, rendered last March, recalls “The importance of the reliability of this document and the serious legal consequences in the event of an error”underlines the Adonis law firm on its website.
Madame I. learned it at her expense. By authentic act signed before a notary on December 9, 2014, she had sold to Madame Z. a house. In the absence of this connection to the whole of it, the act of sale mentioned the presence of a septic pit “Compliant, satisfactory, complete and in good working order”according to a report rendered on March 28, 2012 by the Public Collective Sanitation Service (SPANC), in this case a mixed union.
A simple loss of chance to negotiate the price down?
But once the sale has been concluded, Madame Z. noted dysfunctions of the septic tank. An expert confirmed the non-compliance of the installation and the need to costly upgrading work. Indeed, in the event of the discovery of non-compliance with non-collective sanitation facilities, the owner of the accommodation must carry out the compliance work within one year. Logically unhappy, Mrs. Z. assigned to court Madame I. and the SPANC – to which she reproached for not having correctly controlled the installation – in order to obtain compensation for this damage.
The first seized judges condemned the mixed union, against which the saleswoman had turned around, but up to 10,000 euros Only while the cost of the total repair of the septic tank was estimated at 15,695 euros. This, “On the grounds that the damage suffered by the buyer would be limited to a loss of chance of having been able to negotiate the downward sale price”explains the law firm Adonis.
Certain damage
Seizure of the case, the Court of Cassation did not follow this reasoning. For her, the responsibility of the SPANC is no doubt, the damage linked to the erroneous nature of the document established at the end of the control of non -collective sanitation installations carrying “A certainness»»on the basis of article L. 271-4 of the Construction and Housing Code. “The error contained in the document produced by the mixed union constitutes a certain damage, and not a simple loss of luck”deciphers the Adonis law firm.
The Court of Cassation therefore considered that Madame Z. could claim to be fully compensated for the damage caused by the error contained in the SPANC report, in this case, the cost of the repair of the septic tank, that is to say 15,695 euros.
