Positive lead survey: the actions to take

Have you received the results of a lead survey and it came back positive? Don't panic! Although this situation requires your attention, there are concrete solutions to deal with the problem and make your property safe.

What is a lead survey and why is it mandatory?

The lead survey, or more precisely the CREP (Constat de Risque d'Exposition au Plomb, or Lead Exposure Risk Assessment), is a technical inspection carried out by a professional surveyor to detect the presence of lead in your home.

It is an analysis carried out on the coatings, where lead is usually found, and it assesses their state of preservation.

This survey was introduced in 1998 and made mandatory to protect occupants against lead poisoning. At the time, it was called the État des Risques d'Accessibilité au Plomb (ERAP, or Lead Accessibility Risk Statement).

In 2006, the legislation changed and so did the name: it is now called the CREP.

But first of all, which properties are affected by the lead survey?

• All homes built before 1^st January 1949,
  • Both private and common areas in a co-ownership,
  • Whether intended for sale or letting,
• Buildings undergoing major works,
• Buildings earmarked for demolition

Why this specific date of 1949? Because it corresponds, in France, to the date of the progressive ban on the use of lead in paints.

How long is this survey valid for?

The validity period of the lead survey varies according to the results obtained during the surveyor's analysis.

If there is no lead, the validity period is unlimited, whatever your plans for your property. The document can be reused and there is no obligation to renew it.

In the case of a positive result, the validity of the lead survey changes:

• A validity of 1 year maximum in the case of a sale,
• A validity of 6 years for a letting.

And this validity can vary depending on the condition of your coatings. Because yes: a coating in good condition or a degraded one can change everything!

The role of the lead survey among property surveys

The lead survey is part of the Technical Survey File (DDT), along with other property surveys such as the EPC, the asbestos survey or the termite survey.

Like other surveys, its purpose is to protect health within the home. The aim is to inform future buyers or future tenants of the potential risks associated with the presence of lead.

When carrying out the survey, the surveyor (who must be certified!) divides the home into 'Diagnostic Units' or DUs, which represent the various surfaces (walls, ceilings, woodwork, joinery, shutters, radiators, etc.). Each surface is precisely measured using suitable equipment.

👉The results are divided into 4 categories:

• Class 0: for DUs with a lead concentration below the regulatory threshold (1mg/cm²)
• Class 1: the presence of lead, but a coating in good condition, with no sign of deterioration,
• Class 2: a coating in serviceable condition, showing signs of ageing,
• Class 3: a degraded coating, which therefore poses an immediate danger.

As you can see, the higher the class, the greater the health hazard. And the greater the health risk, the more you need to act!

The risks associated with the presence of lead

But what exactly are the risks associated with the presence of lead?

Lead represents a major health hazard, and the effects can be delayed…

In practical terms, lead is a heavy metal that accumulates in the body and can cause irreversible damage.

The best-known risk associated with lead is lead poisoning (saturnism): chronic lead intoxication. A serious condition that can affect the central nervous system, intellectual and behavioural development, kidney and digestive function or the production of red blood cells.

It should be noted that some groups are more at risk from lead exposure. This is particularly the case for children under 6, pregnant women and the elderly.

In France, many people are still affected by lead poisoning, mainly when they live in older housing.

We have already discussed this topic in an article: 'The dangers of lead in older homes despite regulatory changes'

What does a positive lead survey result mean?

The result is in! Following the surveyor's visit and the submission of their report, the lead survey is positive. So now, what should you do?

First of all, we can only advise you to read the results carefully in order to understand your home's situation as fully as possible.

The document details the measured concentrations zone by zone. As we mentioned, the regulatory threshold is 1mg/cm²; beyond this threshold, action must be taken in your property.

And as we explained, the action to take depends above all on the state of preservation of your coatings.

• With undamaged coatings (i.e. class 1): the lead is present but is contained within the paint. The risk is therefore moderate as long as the coating does not deteriorate.
• But if the coatings are degraded (class 2 and 3), for example paint that is flaking or cracking, then lead dust may be released into the environment and the danger is IM-ME-DIATE!

The consequences and obligations that follow

When you are given a positive lead survey, there are consequences and regulatory obligations. First of all, if you have been following so far, a positive lead result changes the validity of the survey.

Furthermore, you are required to inform the ARS (Agence Régionale de Santé, the regional health authority) if the exposure risk affects more than 20% of the surfaces, if more than half of the rooms in your home are affected or if there is a risk of major deterioration (a collapsing ceiling, for example).

A lead survey that indicates a class 3 for certain surfaces in your home poses a danger to public health, and the surveyor automatically informs the ARS by submitting a report.

As for your property project, the presence of lead will directly affect your transaction timetable.

🏡 In the case of a sale, you will need to carry out the work quickly or negotiate with the future buyer on a fully informed basis.

🏡 In the case of a letting, a survey that is no longer valid exposes you to penalties!

The owner's responsibility in the face of a positive lead survey

As an owner, you must take on certain legal responsibilities in the event of a positive lead survey result.

First of all, work will have to be carried out as a legal requirement. To ensure the safety of occupants, if the concentration exceeds 1mg/cm², the law requires you to:

• Report the situation to the ARS (this step is generally carried out by the surveyor themselves),
• Cooperate with the public health services,
• Undertake work within the prescribed timeframes, that is: contain the contaminated surfaces with a watertight covering as a temporary solution and permanently remove the lead through the intervention of a professional,
• Provide a certificate of compliance after the work,

Remember to keep all supporting documents to ensure proper follow-up after the work!

In particular, you are required to pass the survey on to future buyers or future tenants. It is your duty to inform current or future occupants of the identified risks. Likewise, the various companies that will work in the home must be informed.

If this duty to inform is not respected, it constitutes a serious breach and may lead to the cancellation of the sale or the lease of your home.

So, what actions should you take in the face of a positive lead survey?

The importance of calling on qualified professionals

Managing lead is not a job for amateurs! It is essential to call on professionals to guarantee the safety and compliance of your approach.

First of all, it is important to choose a certified surveyor (like those at RITMODiag 😉) to benefit from verified technical skills and transparency about the results.

This transparency is your guarantee of being able to plan the work properly and to discuss it on an informed basis with the companies that will carry it out.

It is also very important to select an approved company for the work. By making this choice, you ensure appropriate work, using techniques that comply with the regulations. In addition, the company will also be able to handle the waste, which is classed as hazardous, in accordance with the standards.

Anticipating the sale or letting: the importance of the lead survey in your property project

We mentioned this for a positive result, but in all cases the lead survey will influence your property transactions. It is important to plan ahead for carrying out property surveys in order to be as well prepared as possible.

The result of the lead survey affects the price negotiation for your home, as a buyer may ask for a reduction based on the estimated cost of the work. If the work is carried out before the sale, this can on the contrary justify a better price!

Furthermore, the transaction time may be lengthened if surveys are missing or if the results are inconclusive. Buyers will want to wait the time needed to carry out the work before finalising the transaction.

Let's recap: the best practices to remember!

To handle a positive lead survey with complete peace of mind, there is no miracle solution, simply some good habits to adopt!

• Plan ahead by carrying out the surveys at the very start of your property project,
• Choose certified and qualified surveyors,
• Factor the potential cost of the work into your budget,
• Act quickly to limit the exposure of occupants or workers,
• Consult several professionals to compare the solutions,
• Don't underestimate the risks,
• Keep the documents carefully (survey report, invoices, work certificates, etc.),
• Inform future tenants or buyers,

If you follow all these best practices, then there's no need to panic!

RITMODiag offers you an appointment as soon as possible for your lead survey

Faced with the health and regulatory challenges of the lead survey, call on a professional! RITMODiag provides you with a team of certified, experienced and responsive surveyors and technicians.

Don't wait to protect your health, that of the occupants and to safeguard your property assets!