Real estate diagnosis: risk assessment for lead exposure (Crep)

Verified 04 July 2024 - Directorate for Legal and Administrative Information (Prime Minister)

What is the Lead Risk Assessment (Crep)? It consists of measuring the lead concentration of the coatings of dwellings built before 1949. It is also used to identify situations at risk of lead poisoning, particularly among children. The owner-seller or lessor must provide this document to the purchaser or lessee. It may be held liable if the Crep contains false information. We are taking stock of the regulations.

Lead is generally present in older paints.

Crep measures the lead concentration of the interior and exterior coatings of your home to identify those containing lead and describe their state of conservation.

It is also used to identify situations of risk of lead poisoning (in children and pregnant women) or housing degradation.

As the owner, you must have a Crep realized in case of sale or rental of a dwelling (apartment, detached house) if it has been built before 1er january 1949.

In co-ownership, work on the common areas of such a nature as to cause considerable deterioration of the coatings, must be preceded by a Crep.

If the Crep establishes the absence of lead-containing coatings or the presence of lead-containing coatings at concentrations of less than 1 mg/cm², it is not necessary to have a new Crep established on the occasion of new work on the same common parts.

You can ask the trustee for a copy of the Crep concerning the common parts to provide it to the buyer or tenant to inform them.

FYI  

A Crep must also be performed if work to remove unsanitary conditions on residential buildings constructed before 1er January 1949.

The Crep must be performed by a diagnoser meeting certain criteria, including certification.

That person must have taken out insurance to cover the consequences of being liable for his actions.

It must not be bound in such a way as to impair its impartiality and independence.

You can use a tool to find a certified diagnoser:

Find a Certified Real Estate Diagnoser

The diagnoser must check the presence of lead in the coatings (old paints, plaster, bricks, etc.) including the outer coatings (shutters, for example). Annexes are also affected when they are intended for everyday use (e.g. laundry).

The diagnoser must specify the lead concentration of these coatings and the analytical method used to measure it, and describe the shelf-life of the coatings containing lead.

He must record the list of the factors of degradation of the frame that he has noted in a report of the Crep.

An information leaflet on the health hazards of lead must be attached to Crep.

The diagnoser gives you the Crep.

FYI  

when the shall forward a copy of the diagnosis to the Director-General of the Regional Health Agency (RHA) in the case of a risk of infant lead poisoning, he must inform you. It must also inform the joint owners' union when the building is in co-ownership.

You must integrate the Crep with the various real estate diagnostics included in the technical diagnostic file (DDT) in sales case or rental case and deliver it to the future buyer or tenant.

You must also give a copy of the Crep to occupants and persons required to carry out work. In addition, you must make the Crep available to agents who request it in case of checks (e.g. social security bodies).

If Crep reveals the presence of degraded coatings containing lead at concentrations above the threshold of 1 mg/cm², as the owner of the dwelling, you must to have work carried out in the event of sale or rental, while ensuring the safety of the occupants.

It depends on whether or not Crep has revealed lead.

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Lead free or lead present at concentrations below 1 mg/cm²

The period of validity of the Crep is unlimited.

Lead present at concentrations greater than 1 mg/cm²

Crep must have been completed since less than 1 year at the time of the sale of the dwelling or since under 6 years on the date of signature of the lease.

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For Selling Owner

You may be liable if you do not provide the diagnosis or if you mention false information in the sale announcement to mislead the future buyer.

If you do not provide the diagnosis, you cannot be exempt from the guarantee of hidden defects.

The purchaser may to appeal to the court of justice of the place where the property is located to request the cancelation of the sale or obtain damages.

You may also be fined €1,500 if you are using an uncertified (€3,000 in case of recurrence).

For the landlord

The absence of the Crep in the rental contract is a breach of the particular safety and prudence obligations that may trigger your criminal liability.

You can also incur criminal liability if you did not carry out the necessary work in case of lead at concentrations above 1 mg/cm² before the rental of the dwelling.

The tenant can appeal to the court of law of the place where the property is situated to request the cancelation of the lease or a reduction in the rent price.

For the Diagnoser

If the diagnoser makes a mistake by not complying with the regulations to carry out the diagnosis (for example, incorrect diagnosis), the buyer or the tenant can make a complaint to the  court of law of the place where the property is situated to request  damages.

In addition, the diagnosers may be fined €1,500 if he exercises without certification (€3,000 in case of recurrence).

For the notary

The liability of the notary may be incurred if he has validated the sale in the absence of the diagnosis or with knowledge of misleading information misleading the buyer.

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