Property transaction: who pays for the sanitation work?

Before the sale of a property

The work to bring the sanitation system into compliance, often called sanitation work, before the sale of a property, is the responsibility of the owner/seller. This work aims to ensure that the sanitation system complies with current standards and regulations, thus guaranteeing the safety and cleanliness of the property for its future occupants.

The owner/seller, although he has this responsibility, may nevertheless decide not to carry out this work before the sale. In this case, he must inform the future buyer in a transparent manner. The potential buyer will then be free to decide whether or not to purchase the property as it is, with a clear understanding of the work to be done.

The work to bring the property up to standard can then become a crucial element in the financial negotiation on the sale price of the property. The buyer can argue that the costs incurred by the sanitation work justify a reduction in the amount of the transaction, in order to offset the future expenses that he will have to incur.

However, it is imperative to note that, in all cases, this work must be carried out no later than one year after the signing of the deed of sale in order to comply with current regulations. Failure to meet this deadline could result in sanctions for the new owner and compromise the safety and health of the occupants of the property.

Thus, although the seller has primary responsibility for the work, the buyer must be vigilant and aware of the financial and legal implications of this work.

During the acquisition of a property

When acquiring a property, several crucial steps must be taken to ensure a secure transaction that complies with legal standards. Among the key players in this process, the notary plays an important role in ensuring the legality and transparency of the transaction and providing legal expertise to secure the interests of all parties involved.

One of the notary’s tasks is to check the documents required to draw up the deed of sale. This includes examining documents such as title deeds, cadastral plans, town planning certificates and, specifically, the mandatory building surveys. Among these diagnostics, the non-collective sanitation diagnostic occupies a special place. This diagnostic is essential for assessing the condition of the sanitation installation, particularly in areas not served by a public wastewater collection network. The non-collective sanitation diagnostic makes it possible to identify whether the existing installation complies with current standards and whether compliance work is necessary.

The notary can thus provide recommendations to both parties. For the seller, he can give advice on the responsibilities related to hidden defects. Hidden defects are non-apparent defects in the sanitation installation that could affect the use of the property. The seller must be aware of these responsibilities, as he may be required to repair or compensate the buyer if such defects are discovered after the sale.

For the buyer, the notary can explain the obligation to bring the on-site sanitation system into compliance. This compliance must often be achieved within strict deadlines, generally one year after the acquisition of the property. The notary can help the buyer understand the possible financial and legal implications of these obligations to avoid any unpleasant surprises after the purchase.

The certificate sent by the notary must contain several elements. First, it specifies the date of the sale, which makes it possible to pinpoint the moment when the change of ownership took place. Then, it includes all the information necessary for the precise identification of the property sold, as well as that of the purchaser. This certificate guarantees that the new property transactions include continuity of responsibility in terms of sanitation. This approach contributes to the sustainable and responsible management of water resources and the preservation of the quality of life of residents.