New Regulations Relating To The Establishment Of The Statement Of Natural And Technological Risks!

Author:Ms Alexandra Plain, Céline Quintin and Jérémy Roigt
Profession:Gowling WLG

In short: By a decree of December 18, 2017, whose provisions came into force on 1 January 2018, the form for the establishment of the statement of natural and technological risks, now entitled "state of risksand soil information" (Etat des servitudes "risques" et d'information sur les sols, (ESRIS)), was modified. The new form modifies the information to be provided by the seller or lessor when a Technological Risk Prevention Plan (PPRT) has been established. Furthermore, the new form has integrated the information, required by the Alur law, relating to soil pollution requiring the latter to report whether the land is situated in the soil information sector (SIS).

Sellers and lessors get filling in your modified forms!

As part of its obligation to provide information, the seller or lessor is required to annex to any sale or leasing agreement a statement of natural, mining and technological risks (ERNMT), on the basis of information made available by prefectoral order dating back less than six months (failure to comply with this six month period shall be deemed as an absence of ERNMT). The decree modifies the form which is now entitled "state of risks and soil information".

In this new form, the PPRT section has been modified and requires the seller or lessor to provide additional information. For the record, the Technological Risk Prevention Plans (PPRT) aim at organizing cohabitation between urban areas and industrial sites in order to limit, through the implementation of preventive measures, exposure of the riverside communities to the consequences of industrial accidents.

The seller and lessor must now specify whether the real estate is located in an expropriation, abandoned or prescription area. If the building is located in the work prescription area or whether the operation (lease or sale) concerns housing, they must also indicate whether the prescribed works have actually been carried out. If the operation does not relate to housing, information...

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