Vendors and landlords must declare all claims
accepted on the basis of damage caused to the property by a natural
or technological disaster occurring either during their ownership,
or prior to their ownership and of which they have been informed.
In which districts is this information
compulsory?
The information about claims is compulsory in all those districts
covered by at least one arrêté de reconnaissance de
l’état de catastrophes naturelles ou technologiques
(official recognition of the natural or technological disaster status),
which means almost all of France. (view
the list of arrêtés de reconnaissance de l’état
de catastrophe naturelle for your district  )
What kind of claim is involved?
All those claims resulting in a payment under the national guarantee
against the effects of technological or natural disasters, as defined
by inter-ministerial decree; such payments having been received
by the owner (whether vendor or landlord) or previous owner of the
building concerned, where the vendor or landlord has been informed
of the fact.
Who is affected?
All property vendors and landlords of the premises concerned, whether
individuals or public or private companies.
Which types of property are concerned?
All finished buildings.
When does this obligation come into effect?
This obligation comes into effect at the same time as the obligation
to attach a statement of risks, which, for most districts, means
1 June 2006.
Which types of agreement and contract
are affected?
- contracts of sale
- written property rental agreements for completed buildings,
including all types of agreement relating to “3/6/9 year”
property leases
- seasonal and holiday lets
- furnished lets
Which types of agreement and contract
are NOT affected?
- Unwritten rental agreements (verbal leases),
- Tenancy agreements for buildings containing communal areas,
and especially those offering services to their residents,
- Property sales conducted as part of legal proceedings,
- Transfers of ownership made as part of pre-emption, abandonment
and compulsory purchase procedures.
How can I find out if the property has
been the subject of a claim… and who will tell me?
Vendor and landlords must tell you if the property has been the
subject of a paid claim made under the natural disaster arrangements
(i.e. during the period they have been in ownership, and, where
appropriate, on the basis of the written declaration received when
purchasing the property). They can also find out this information
from their insurers.
This written information is appended to the rental agreement. Where
a sale is concerned, the information is included in the completed
contract of sale.
What's the point of it?
The aim of providing this information is to make people aware of
any major risks they may be exposed to. Being informed of past or
possible future events, their consequences and the measures that
can be taken to protect themselves and minimise any resulting damage,
will render people less vulnerable.
These two items of information complement other district and departmental
provisions, such as the Document d’Information Communal sur
les risques Majeurs (District Major Risks Information Document),
Dossier Départemental sur les Risques Majeurs (Departmental
Major Risks File), public meetings, risk awareness posters and known
high water marks.
This information also contributes to promoting the risk awareness
culture, and forms part of the overall risk management policy required
under the national sustainable development strategy.
For more information:
- About
buyer/tenant legal information
- About
what the authorities are doing in addition to this buyer/tenant
information
Updated: September 2006
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