Technical Property Inspection: Public-Access Buildings (ERP)

September 10, 2024 4-minute read

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Are you planning to sell or rent a property? The Risk and Pollution Report (ERP), which is part of the Mandatory Real Estate Inspections, aims to inform potential buyers and renters of the natural, technological, and pollution-related risks to which a property may be exposed.

Technical Property Inspection: What Is an ERP?

Our real estate agency in Paris's 16th arrondissement, our branches CENTURY 21 Auteuil Immobilier and Auteuil Seine provide you with everything you need to build a compliant ERP system.

What is a Risk and Pollution Assessment (ERP)?

The Risk and Pollution Report is a real estate assessment that identifies the natural risks (floods, earthquakes, ground movement), technological risks (industrial and nuclear sites), and pollution risks (contaminated soil) to which a property may be exposed. This assessment is based on information provided by prefectures and municipalities.

Good to know: The ERP assessment is governed by the and theArticle R125-24 of the Environmental Code.

Is an ERP assessment required?

Yes, the ERP Assessment is required for the sale or rental of real estate, but its application depends on the property's geographic location. The seller or the landlord must provide a risk assessment if the property is located in an area with specific risks.

These areas include those subject to plans for the prevention of technological risks (PPRT), foreseeable natural risks (PPRNP), or mining risks (PPRM), whether they have been approved, made public, or are currently being developed. The requirement also applies to seismic zones (levels 2 through 5), areas with high radon potential (level 3), and areas at risk of coastal erosion.

To determine whether a property is affected, owners can visit the government’s Géorisques website or consult the prefectural decrees that list the municipalities subject to this requirement.

Good to know: It is an integral part of the Technical Assessment Report (TAR) and failure to provide it may have significant legal consequences.

Who conducts the ERP assessment?

Unlike other real estate inspections, the ERP can be conducted directly by the property owner without requiring the services of a certified professional inspector. However, many owners choose to hire an expert to ensure that the document is compliant and complete.

How much does an ERP system cost?

The cost of an ERP inspection is generally around 30 euros. Note, however, that some inspectors may include the ERP inspection free of charge as part of the complete set of mandatory inspections conducted during a sale or rental.

Who is responsible for paying for the ERP inspection?

The seller or landlord of the property is responsible for paying for the ERP assessment. In fact, they have a legal obligation to provide this document in connection with a sale or lease.

How long is an ERP valid?

An ERP assessment is valid for 6 months from the date it is issued. This relatively short period is due to the possibility that risks and regulations may change.

If the energy performance certificate (EPC) was issued more than 6 months before the date the sale or lease agreement was signed, it must be redone.
Even during this 6-month period, if new information regarding risks is brought to the attention of the seller or lessor, the ERP must be updated.

When a property is put up for sale, the seller is required to provide the prospective buyer with the ERP as soon as the buyer first visits the property. This document must also be attached to the preliminary sales agreement or the deed of sale, as well as the preliminary contract in the case of a sale of a property under construction.

Good to know: The seller must keep a copy of this signed document so that they can prove at a later date that it was indeed provided to the buyer, in accordance with legal requirements.

What are the penalties for noncompliance?

Failure to comply with the obligations related to the ERP may result in severe penalties, affecting both the seller and the notary involved in the transaction.

For the seller:

He may be held liable if he intentionally fails to provide the ERP inspection report or if he includes false information in the listing.
The buyer has the right to file a lawsuit to seek the cancellation of the sale or a reduction in the sale price.
The buyer may also file a complaint with the Fraud Division of the General Directorate for Competition, Consumer Affairs, and Fraud Control (DGCCRF).
The DGCCRF may impose a fine of up to €300,000 and a prison sentence of up to 2 years on the seller.

For the notary:

He may be held liable if he approved the sale in the absence of an ERP inspection report or while aware of false information.

How can our CENTURY 21 Auteuil and Auteuil Seine offices assist you?

Our CENTURY 21 Auteuil Immobilier and Auteuil Seine offices are here to offer you their expertise to guide you through the ERP inspection and the entire real estate process.

Drawing on our in-depth knowledge of the local market and applicable regulations, we offer you personalized support at every stage of your project.

Our team is here to answer any questions you may have about your real estate projects—whether you’re selling, buying, or managing rental properties. Please feel free to contact our two real estate agencies, CENTURY 21 Auteuil Immobilier and CENTURY 21 Auteuil Seine, by phone at 01 42 15 16 21 or 01 56 07 16 21, or by email: auteuil@century21.fr or auteuilseine@century21.fr

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