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CHANGES TO THE LEAD LEGISLATION HAVE NOW COME INTO FORCE
The
law no. 2004-806 of 9th August 2004 altered the law in
relation to lead surveys.
This
law has now come into force following the publication of the decree in
the official journal on 26th April 2006. The new law is thus
applicable from 27th April 2006. The principal
changes are as follows:
1.
The form of the lead report has altered, particularly in relation to its
contents and risk assessment in the event of the discovery of a risk of
exposure to lead in the paintwork;
2. It
is now obligatory throughout France for dwelling properties built
prior to 1st January 1949 (the previous law only
applied where the Prefect has published a specific order);
3. If
there is no risk of exposure (‘un rapport négatif’) then the report is
now valid indefinitely;
4.
The report only concerns the freehold parts of the property sold (e.g.
the checks would only relate to the apartment sold in a block of flats);
5.
For current sales, a report drawn up under the previous legislation
remains valid so long as it has not expired (a lead report expiring
after 1 year) on the day of conclusion of the sale (e.g. signing of the
authentic deed). However, out of concern for the security of the
parties to the transaction notaires are likely to require the
commissioning of a new report complying with the new law even if there
is an existing valid report.
The
decree can be consulted using the following link:
http://www.legifrance.gouv.fr/WAspad/UnTexteDeJorf?numjo=SANP0620646D
09/05/2006
- Legal
update
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