|
Lead
Poisoning (saturnisme)
Why
is lead poisoning an issue for the purchase of real estate property in
France
?
In
the past, lead was a component of painting material and thus is present in
properties situated in areas where lead paint was commonly used.
Lead is dangerous to health and can cause a number of problems,
some of which are treatable (anaemia, digestive problems) and others which
are permanent (damage to the nervous system).
Lead builds up in the body, especially in the bones, and can be
released into the blood years later. When
used in painting materials it flakes and peels over time and the source of
poisoning is via consumption of the scraps of paint, usually by small
children.
Are
there compulsory checks to protect a purchaser?
Property
constructed prior to 1948 and situated in areas where lead paint was
commonly used is subject to a compulsory lead survey.
An area is deemed to be subject to the checks following a decree
issued by the departmental Prefect. The
survey should be undertaken within one year prior to the signing of the
deed of completion and will indicate whether lead is present in the
paintwork and if so whether it exposes inhabitants of the property to a
risk of exposure (i.e. if the paint is flaking or peeling off).
How
is the purchaser protected?
Normally,
there is a condition precedent in the first contract (‘compromis’)
specifying that in the event that there is a risk of exposure to lead in
the property the purchaser can withdraw from the purchase with the deposit
returned. Sometimes the report
is drawn up prior to signing the first contract and annexed thereto.
The exact position should be verified prior to making any
commitment to purchase.
If
a risk of exposure to lead is revealed, what occurs should a purchaser
wish to continue with the purchase?
To
obviate the risk of exposure to lead, the paintwork should be removed and
painted over. When removing
the affected paint, precautions such as the wearing of a mask and the
removal of all flakes of paint with a damp cloth should be taken.
Any person employed to undertake the work, as well as any occupant
of the property (tenant e.t.c.), should be informed about the presence of
lead in the paintwork (a tip: keep a copy of the complete survey at hand
and present the full document to any such person).
Failure to inform others of a risk of exposure to lead could lead
to legal action against the owner of the property in the event of
poisoning. If any child stays
in the property it should be ensured that there is no possibility of him
or her ingesting the material.
23/04/2003
- Issue of the week
BACK
TO NEWS
|
