Selling a property sometimes involves providing a termite inspection report, but this obligation does not apply across the whole of France. In fact, it depends on a prefectoral order which precisely delimits the areas at risk, department by department or even municipality by municipality. This article reviews the legal framework, the areas concerned, the validity period of this report and the steps to take in the event of a confirmed infestation.
Summary
- The termite inspection report is mandatory only in the areas delimited by a prefectoral order, which can be consulted at the town hall or the prefecture.
- Many departments in southern and south-western France have historically been the most affected, but other regions may also be concerned depending on local orders.
- Its validity period is 6 months from the date the sale deed is signed, a shorter period than most other property diagnostic reports.
- In the absence of a mandatory report or in the event of an incorrect report, the seller's liability may be invoked before the courts.
What is the termite inspection report? Definition and legal framework
A parasite inspection to detect the presence of termites
The termite inspection report, also known as the report on the presence of termites, is a technical document whose purpose is to detect the current or past presence of termites in a building and its immediate surroundings. Termites are wood-boring insects that feed on wood and certain cellulosic materials, and which can permanently weaken the structure of a building without occupants noticing immediately. This report therefore informs the buyer about the sanitary condition of the property before the sale deed is signed.
A legal framework arising from the law of 8 June 1999
The obligation to carry out this report in certain areas arises from law no. 99-471 of 8 June 1999, aimed at protecting purchasers and owners of buildings against termites and other wood-boring insects. This law was codified in the Code de la construction et de l'habitation (Building and Housing Code), which today governs the procedures for carrying out the report, its content and the obligations it entails for sellers. This founding text also introduced measures for the prevention and control of termite proliferation at the level of local authorities.
In which areas is the termite inspection report mandatory?
The prefectoral order, the only authoritative document
Unlike other reports that apply uniformly across the whole territory, the termite inspection report is only mandatory in municipalities or parts of municipalities that have been formally classified as at-risk areas by a prefectoral order. It is this document, issued at department level, that delimits the sectors subject to the obligation. It can be consulted free of charge at the town hall or the prefecture, and it is recommended to check your property before putting it up for sale. A local Capifrance estate agent can also guide you and confirm whether your municipality is affected by this obligation.
The south and south-west on the front line, but not only
Departments in southern and south-western France have historically been among the most affected by the presence of termites, notably due to a milder, more humid climate conducive to the development of these insects. However, it would be inaccurate to limit the risk to these regions alone: several departments in central and western France, and even some areas further north, have also been subject to prefectoral orders due to infestation hotspots identified locally. The list of areas concerned changes regularly, as an order may be extended, amended or lifted depending on the sanitary situation observed on the ground. It is therefore essential to refer to the order in force for the municipality where the property is located, rather than to a general list, which could quickly become outdated.
What is the validity period of the termite inspection report?
The termite diagnostic stands out for its particularly short validity period: it must have been drawn up less than 6 months before the date of signature of the notarial deed of sale. This period is significantly shorter than that of most other property diagnostics, such as the energy performance diagnostic or the electrical installation assessment, which remain valid for several years. This constraint is explained by the rapid evolution of a possible infestation: a property free of termites at the time of a first diagnostic may become colonised a few months later. It is therefore essential to plan the sale schedule in advance and not to have this diagnostic carried out too far ahead of time, at the risk of having to renew it.
Who carries out the diagnostic and what does the report contain?
A certified professional diagnostician
The termite diagnostic must be carried out by a certified professional diagnostician, holding accreditation issued by a recognised body and able to provide evidence of professional civil liability insurance. This professional, independent of both the seller and the buyer, carries out a visual inspection of the property, using suitable tools to detect signs of infestation, whether visible or concealed in certain parts of the building.
The content of the report: indications, parts inspected and not inspected
The report issued at the end of the diagnostic indicates the presence or absence of signs of infestation by termites, whether current traces or past infestations that have already been treated. It also specifies in detail the parts of the building inspected during the inspection, as well as those that could not be examined, for example due to inaccessible areas or coverings concealing certain structural elements. This distinction is important: it limits the scope of the guarantee provided by the diagnostic to only the areas actually checked.
What are the consequences if the diagnostic is missing or incorrect?
When the property is located in an area covered by a prefectoral order and the seller does not provide a termite diagnostic, or if the diagnostic proves to be incorrect, the seller's liability may be engaged. A buyer who discovers an infestation after the sale, when the diagnostic did not mention it or had not been carried out, has the option of taking legal action to obtain compensation. Depending on the case, this may result in an action under the warranty against hidden defects, a request for a reduction in the sale price, or even cancellation of the transaction. This is why the seller is strongly advised to use the services of a reliable diagnostician and to carefully check the conclusions of the report before passing it on to the buyer.
What to do if termites are detected?
If the diagnostic reveals the presence of termites, the owner is required to make a declaration to the town hall, which records the infestation outbreaks identified within the municipality. A curative treatment must then be carried out by a specialist company in order to eliminate the infestation and protect the structure of the building over the long term. This discovery also has a direct impact on the negotiation of the sale price: the buyer may legitimately request a reduction in the price to cover the cost of the work, or require that the treatment be carried out and certified before the final signature. In all cases, transparency between the parties remains the best guarantee of a smooth transaction.
Practical advice for the seller and the buyer
For the seller, the first step is to check whether the property is located in an area subject to the obligation, by consulting the applicable prefectoral order, and then to have the diagnostic carried out early enough to comply with the 6-month validity period without having to renew it before signing. Even before starting these steps, it may be useful to obtain a free property valuation in order to assess the value of the property taking into account its general condition. For the buyer, it is recommended to read the report carefully, particularly the parts not inspected, and not to hesitate to ask the seller or the diagnostician any further questions. In both cases, relying on a real estate professional helps secure the transaction: a local Capifrance estate agent can support sellers and buyers at every stage, from checking the mandatory diagnostics through to the signing of the final deed.
Conclusion
The termite diagnostic is not systematic: its requirement depends exclusively on the zones defined by prefectoral order, with particular vigilance in the south and south-west of France, without necessarily excluding other regions. Its validity period of 6 months requires careful anticipation in the sales timeline, while its absence or inaccuracy may expose the seller to legal proceedings. Whether you are a seller or a buyer, gathering information in advance and consulting our property listings to compare the properties available in your area remains the best way to approach your property project with peace of mind.
FAQ
Is the termite diagnostic mandatory everywhere in France?
No, it is only mandatory in the municipalities or parts of municipalities designated by a prefectoral order. It is therefore necessary to check on a case-by-case basis, at the town hall or prefecture, whether the property concerned is located in an at-risk zone.
What happens if my property is not located in an at-risk zone?
If the municipality is not covered by a prefectoral order relating to termites, no diagnostic is legally required for the sale. The seller may nevertheless choose to have one carried out voluntarily, particularly to reassure the buyer.
How long does the termite diagnostic remain valid?
Its validity period is 6 months from the date it is carried out, until the date of signature of the final deed of sale. After this period, a new diagnostic must be carried out.
Who must pay for the termite diagnostic, the seller or the buyer?
The seller is required to provide this diagnostic and therefore bears the cost, as part of the technical diagnostic file given to the buyer. This cost varies depending on the surface area of the property and the diagnostician chosen.
What should be done if termites are detected after the sale?
If the infestation already existed at the time of the sale and had not been reported in a valid diagnostic, the buyer may hold the seller liable before the courts. It is then advisable to promptly contact a legal professional and a diagnostician to establish the reality and age of the infestation.
Does the termite diagnostic cover all parts of the home?
No, the report clearly distinguishes the parts inspected from those that could not be examined, for example due to inaccessibility. This limitation must be well understood by the buyer, as it restricts the scope of the diagnostic's conclusions to only the zones actually inspected.
Author
Frédéric Rémy – Director of Sales Performance
A real estate professional with several years of experience within the Capifrance network, I would like to share essential advice with you to help you successfully complete your property project with our advisors.
