Diagnosis of termites and other xylophagous insects

Verified 07 June 2024 - Directorate for Legal and Administrative Information (Prime Minister)

In what case do you need to perform a condition related to the presence of termites and other xylophagous insects, also called Termites diagnosis ? This document must be drawn up when a dwelling is situated in an area declared to be infested or at risk. It must be given to the future purchaser of a property to inform him of the presence or absence of xylophage insects. We are taking stock of the regulations.

Termites and other xylophagous insects can cause damage by degrading wood and its derivatives used in construction. They can even cause construction to collapse.

Therefore, a Termites diagnosis is required to inform the future purchaser when the dwelling is located in an area at risk or already infested.

Termites diagnosis should be done for detached houses and private parts of condominium batches multi-unit buildings.

The dwellings concerned are those located in the areas declared by a prefectural decree as being infested with termites or which may be infested in the short term.

To find out if your accommodation is located in an area subject to a prefectural decree, you can consult a mapping.

You can also contact the prefecture or the city hall (or consult their website).

Who shall I contact

Termites diagnosis should be performed by a diagnoser who meets 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

Termites diagnosis should include the following:

  • Housing concerned
  • Parties visited and those that could not be visited
  • Elements infested with termites and those that are not.

Termites diagnosis is dated and signed.

In the presence of termites, action must be taken to eradicate them.

Anti-termite treatments may not eradicate termites permanently, so it may be necessary to repeat the treatments if the termites reappear.

The presence of termites does not prevent the sale, but the future buyer must be aware of them before buying.

As a result, the buyer, who is informed of the presence of the termites and who buys the property as it is, will not be able to ask the court to cancel the sale on this ground.

The validity period of the Termites diagnosis is at most 6 months.

If, at the time of signing the promise to sell or the authentic deed of sale, the length of time of diagnosis exceeds 6 months, it must be repeated.

This diagnosis must be integrated into the Technical Diagnostic Record (DDT).

For the seller

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 transmit the Termites diagnosis, you cannot be exempt from the guarantee of hidden defects.

The purchaser may refer the place of the property to the court to request the cancelation of the sale or obtain damages.

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

For the Diagnoser

If he commits a fault in the performance of his mission by not respecting the rules of the art and the standards (for example, incorrect diagnosis), he must compensate the buyer for the damage suffered.

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

For the notary

The notary may be liable if he has validated the sale in the absence of the Termites diagnosis or if he has knowledge of false information misleading the future buyer.

The purchaser may refer the place of the property to the court and to obtain damages.

Who can help me?

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