 |
|
|
|
 |
|
|
|
 |
|
|
|
 |
|
|
|
 |
|
|
|
 |
|
|
|
 |
Numerous and Various Constraints |
Some Constraints can limit the construction possibilities on building plots you want to own. Part of them, your land can be burdened with a Right of Way for the neighbour (if their land is isolated), that could decrease its price. The land could also have Outflow Way. That means you will receive the natural waters from a plot or a street situated above your land. Moreover, when you’d like to build your house, you would have to keep some distance if you wish to create a window facing the neighbour’s. For more security, before you buy, you could ask a building surveyor to study on a detailed way all the urbanism constraints attached to the plot. The information about them is précised on the Building Certificate; that is essential to ask to the town hall.
The other constraints (private order) are established by the title deed and are transcribed to the file of the Mortgage Office.
|
|
 |
The authentic Act |
It is a contract that must be written by a notary in order to be published to the Hypothecs Office and make the Act opposable by everyone even the people that aren’t mentioned in the Contract. The real estate sells or exchanges have to be written on an Authentic Act.
|
|
 |
The diagnostics prior to a sell: |
.The lead in the paint: The lead content in coverings must be done and an evaluation of the access degree of this lead for any part of the property built before 1948 (After that date, the paints with lead have been forbidden of useness). This, in order to avoid all interference, can, in certain cases, be mortal; notably for children (lead paints have a sugary taste).
.The asbestos: In the privative parts, DTA (Technical Asbestos File). Asbestos is a mineral material that has been really used in building because of its solidity and fire resistance. Asbestos is now forbidden in France since 1997 January the 1st.
The material or product containing asbestos (MPCA), if it’s “flying” can liberate some asbestos fibres that could be swallowed by people working or living in the place. These fibres could transmit pulmonary pathologies of a cancerous type.
.The law Carrez: This law obligates the seller to precise, since the compromise, the exact surface of the property, old or brand new (the isolated properties aren’t concerned). If the real superficy is inferior of more than 5% to the one indicated in the Act, you have the possibility to intent an action to reduce the price in one year time from the day of the Selling Act signature.
.The Parasitical Estate (Termites research): Since January the 15th 2005, the partial parasitical estate (said partial because, among all the insect eating wood, only the termites are concerned by the law) must be done for the region Île de France for all type of properties.
Its function is to establish the infestation level for the property by the termites. Its validity is for 3months. The termites eat cellulose (wood, paper, etc.) and develop themselves really quickly, sometimes as an underlying way. So well that a declared negative inspection could not have revelate the infestation symptoms that became apparent 3months later. The 1st symptoms are vertical galleries presence, respecting the surface. The damages done by the termites can go so far as a collapse of the house ( if its structure is wooden or contains wood in quazntity).
|
|
 |
The Selling Unfolding |
1st Step: It’s about the first contact with the real estate agent. The client, future owner, after a financial situation study with his bank, tells the real estate agent about his researches’ criterions (type of property, localisation, budget, surface, etc...). His project now précised, the real estate agency makes a properties’ selection to be visited on the catalogue with photos and descriptions. It is also possible to conclude a “research mandate” with the real estate agent in order for him to work on your research.
2nd Step: Visits of the properties after selection in the real estate agent’s presence. That would give you a maximum of information about the property, notably on the technical details. After a few visits, you’d be able to make a choice and then, a “buying offer” on the price you wish. Then, the real estate agent’s role is really important because he’s going to negotiate for you and be the intermediary between you and the owner. The owner has 8days to accept or refuse your offer.
3rd Step: The “buying offer” has been accepted, you are about to become an owner; but before, a certain number of formalities have to be done. Notably the obligatory expertises dependant on the owner (it means the asbestos, termites diagnostics, etc.). Once the diagnostics are realised, a compromise is going to be signed. The real estate agent or a notary can redact it. The buyer is normally giving; and this the day of the compromise ‘signature, 5% of the selling price. In the hypothesis of a buying financed by a lawn, the buyer has the right not to give this deposit, with the agreement of the seller. As a counterpart, a penal clause is inserted to the file.
4th Step: The compromised is signed, the buyer has then the right to retract (7days after the day after the compromise’ signature). This means that during this time, the buyer has the right to renounce buying without any particular motivation and without paying any fees.
5th Step: The buyer didn’t retract. Then, 2 or 3months must be waited to meet again altogether and sign the Final Act. That would definitely do the property’s transfer symbolised by the keys given to the new owner.
|
|
 |
What is a BUILDING CERTIFICATE? |
It is an administrative act that indicates the urbanism rules. The administrative limitations to the property right and the tax scheme and urbanism contribution given to a plot and also, the state of the previous or existing public equipments. It is delivered for free to anyone asking for it.
2 types of building certificate:
*The simple certificate of simple information asked without a précised project to know the enforceable urbanism rules. This one doesn’t indicate if the plot is to build or not anymore.
*The operational certificate, asked to know if an operation could be realised on a plot.
Before owning a plot, it is advertised asking for a building certificate.
It delivers you clear and objective information about its possibilities to build and the rights and obligations linked to the land.
Warning! The building certificate isn’t an authorisation; it doesn’t substitute the building permit.
Notwithstanding, it permits prefiguring the decision relative with the asking of building authorisation.
What does it have to indicate?
*The urbanism dispositions: local plan, communal map, urbanism general rules, seashore law, mountain law.
*The administrative limitations to the owning right: public utility constraints; pre-emption existence.
*Public equipments existing or previous (water, electricity, purification) on the plot.
*The tax scheme and participations of the plot.
*The indication that the plot is into a pre-emptive zone. When it’s about an operational certificate, this one must mention that the plot can be used for the operation described on the request.
In case of negative reply, it precises the reason why.
.Certificate demand’s reply
To obtain a negative or positive reply about the eventual construction of the plot; you’d have to indicate the destination and the kind of building you project, as the surface of its base without work.
How to obtain it?
*You must give the useful information (reason of the demand, the plot characteristics, existing construction density) on a form and join your file with the documents:
-A descriptive notice of the project précising the destination, the nature, and the surface without work of the building.
-A Situation plan of the plot in the commune
-A plan of the plot.
*Give the file in 4 times to the town hall of the plot.
Whatever the certificate is, the delay of the reply is of 2 months since you have let your request. Its validity lasts 1 year. If superior, it can’t last more than 18 months, it’s indicated on the certificate.
Validity delay of the prolongation:
The building certificate can be extended for 1 year period as far as the urbanism prescriptions, the administrative constraints, the taxes and participations of the plot haven’t evaluate. You must ask for it at last 2 months before the end of the validity delay.
Mentioned dispositions guarantee:
You can have a right obtained for the maintain of the urbanism rules but equally for the tax scheme and participations. You won’t have any fees any more (other than the ones for public security and salubrity) during the certificate’s validity.
Where to address for more information?
*For all information, address the town hall.
*For the formalities, address to:
-The town hall
-The Departmental Equipment Direction (DDE)
-Your real state agent PatrIMMOine.
|
|
 |
What is a Mandate? |
It’s an act by which a Pearson (called mandant) gives to another (called mandataire), the power to accomplish in his name and for his count one or more juridical acts, as a sell, a rent… It is made as an obligation for the real estate agents and properties’ administrators to detain a mandate in order to propose a property for sale or rent and even to manage it.
|
|