Inheritance: everything you need to know about mandatory property surveys
When you inherit a property through a succession, many questions arise. Among them, those concerning property surveys often come up.
This guide covers all the questions about property inheritance and property surveys, whether you decide to sell, let or keep the inherited property.
Inheritance projects and property surveys
The first thing to know: simply inheriting a property does not oblige you to compile a technical survey file (DDT)! No property survey is required at the time of the inheritance if you decide to keep the inherited property for your personal use.
But what if you decide to let or sell the inherited property? Property surveys become mandatory in the case of a property transaction: sale or letting of the inherited property.
“In the event of the sale of all or part of a built property, a technical survey file, provided by the seller, is appended to the preliminary sale agreement or, failing such an agreement, to the authenticated deed of sale. In the event of a public sale, the technical survey file is appended to the terms and conditions.” Construction and Housing Code (articles L271-4 and L271-6).
In this case, you are required to compile a DDT.
The mandatory property surveys according to your property
Bear in mind that the mandatory property surveys can vary according to the year of construction of the property but also its type: house, flat, co-ownership or even its location!
A certified property surveyor can support and guide you in determining the surveys required for your situation.
EPC (Energy Performance Certificate)
Mandatory for any sale or letting of a property, the EPC is valid for 10 years.
If an EPC has already been carried out after the reform of 30 June 2021 and if no works have been carried out since the last EPC, it is therefore still valid. Otherwise, the survey must be redone.
For the sale of a house or standalone building of less than 50m2, the EPC is not mandatory (unless it is part of a co-ownership).
Asbestos survey
Required for properties with a building permit issued before 1st July 1997. The asbestos survey is mandatory for the sale of a property, and when it is positive, a periodic assessment of the list A materials must be carried out every 3 years to maintain the validity of the survey.
If a negative asbestos survey was carried out after April 2013, the survey is valid for life! Otherwise, the asbestos survey must be redone.
Lead survey
Mandatory for all homes built before 1 July 1949, the positive lead survey is valid for 1 year for a sale and 6 years for a letting (subject to the state of degradation of the materials).
If a negative lead survey was carried out, the survey is valid for life! Otherwise, the lead survey must be redone.
Electrical survey
Mandatory for all electrical installations more than 15 years old.
If an electrical survey has already been carried out, it is valid for 3 years for a sale and 6 years for a letting.
Good to know: One electricity meter = One electrical survey.
Gas survey
With conditions similar to the electrical survey, the gas survey is mandatory for all gas installations, whether functional or not, more than 15 years old.
If a gas survey has already been carried out, it is valid for 3 years for a sale and 6 years for a letting.
Good to know: One fixed gas installation = One gas survey. The gas installation is considered fixed if there is a metal pipe present.
ERP survey
The ERP survey (risks and pollution statement) is mandatory for all homes, without exception, in accordance with the order of 13 July 2018. It is valid for only 6 months!
Surface area survey
There are two different mandatory surface area surveys, which vary according to the type of property:
- Carrez survey: applicable to a co-ownership lot with a surface area > 8m2 (if <8m2, then a certificate of non-liability applies).
- Boutin survey: for homes to let, larger than 14m2.
There is no validity period for these surveys; however, in the event of a change in the surface area, a survey must be redone.
The Energy Audit
The energy audit is mandatory in the case of the sale of a home with an EPC rated E, F or G. It is valid for 5 years.
Sale or letting of a property after inheritance: what are the differences?
Mandatory property surveys in the event of the sale of an inherited property
When selling an inherited house, it is mandatory to compile a complete DDT (article L271-4 of the Construction and Housing Code).
The property surveys that make up the DDT are required as soon as the property is put up for sale, because the EPC, for example, must be stated in the property listing. The complete file must be handed over to the buyer as soon as the preliminary or provisional sale agreement is signed.
Be aware, however, that the notary is not responsible for whether or not the surveys are carried out; they are only there in an advisory, informational and verification capacity! It is the selling heirs who bear this responsibility.
Mandatory property surveys in the event of letting an inherited property
In the case of letting a property after inheritance, the mandatory property surveys differ slightly from those required for a sale.
Unlike a sale, when letting, the asbestos survey is not mandatory, except in the case of a co-ownership (particularly for certain common areas). The termite survey is not required either, whereas it may be in the context of the sale of an inherited property.
The property surveys must be appended when the residential lease is signed. Otherwise, the tenant can request a reduction in the rent or even the cancellation of the lease. And as a landlord, you risk penalties.
Sale VS letting, the comparison
| Sale | Letting | |
| EPC | YES | YES |
| Asbestos | YES | NO (except co-ownership common areas) |
| Lead | YES (if before 1949) | YES (if before 1949) |
| Electricity | YES (installation more than 15 years old) | YES (installation more than 15 years old) |
| Gas | YES (installation more than 15 years old) | YES (installation more than 15 years old) |
| Termites | Depending on zone | NO |
| Sanitation | If applicable | NO |
| Measurement | YES (Loi Carrez) | YES (Loi Boutin) |
| Timing of the DDT handover | As soon as the provisional sale agreement is signed (may be stated from the property listing) | On signing the lease (may be stated from the property listing) |
| Responsibility | Selling heirs | Letting heirs |
The risks in the event of non-compliance with the obligations
We have briefly touched on it, but failing to comply with the obligation to provide property surveys during a property transaction after an inheritance can expose the heirs to legal and/or financial consequences:
- Reclassification as a hidden defect for the absence of property surveys. The buyer or tenant can request the cancellation of the sale or lease, or even claim damages,
- Civil liability of the heirs. Risk of compensation to the buyer or tenant for the harm suffered,
- Reduction of the sale price of the property or a lowering of the rent,
The heirs have a responsibility and a duty to inform during a property transaction. By providing a complete and up-to-date DDT, carried out by a certified professional, they protect themselves, but also the buyers or tenants.
Who must have the property surveys carried out after an inheritance?
The responsibility of the heirs
During a property inheritance, it is the heirs who have accepted the inheritance who are responsible for having the property surveys carried out, whether they decide to sell or let the house, flat or co-ownership.
The case of joint ownership (indivision)
If several heirs share the inheritance of a property, this is referred to as a case of joint ownership (indivision). This means that all the heirs are jointly and severally responsible for compiling a DDT.
Thus, decisions relating to the sale or letting must be taken jointly and the costs are generally shared among the co-owners in proportion to their share.
Article 815-10 of the Civil Code states that “Each joint owner is entitled to the profits from the jointly owned property and bears the losses in proportion to their rights in the joint ownership.” The same applies to the allocation of costs and charges, which are divided according to the share of the joint owners.
The notary in charge of the inheritance can intervene in the event of a disagreement.
When should you call on a property surveyor?
Do you want to know when to order your property surveys? The ideal time depends on your project.
Before putting the property up for sale
The property surveys must be carried out before a property is put up for sale; some prospective buyers may request them during viewings. Moreover, it is essential that the DDT be completed before the provisional sale agreement is signed.
Before signing the lease
In the context of letting the inherited property, the surveys must be appended to the lease when it is signed. To let the property as quickly as possible, having the property surveys carried out as soon as possible is the best solution!
Anticipation, the key to secure procedures
Our advice? Plan ahead! This will save you time during your property transaction, whether for a sale or a letting. Moreover, the property surveys carried out can allow you to enhance the value of the property or to reconsider the sale price!
⚠️ Each property survey has its own validity period (from 6 months to 10 years, or even unlimited for some surveys). Remember to check among the old surveys whether any are still valid, or to ask the professional you contact.
Practical advice for heirs in the case of an inheritance
To best manage the completion of property surveys during a property inheritance, here are our 3 recommendations!
- Anticipate the surveys as soon as the inheritance is opened
Indeed, as soon as you are considering carrying out a property transaction after inheriting a property, whether a sale or a letting, order the property surveys from a professional. This will allow you better organisation and considerable time savings! Moreover, having the complete DDT will allow you to enhance the value of your property when selling or letting.
- Group the property surveys together,
Do not have each survey carried out separately, but rather opt for a comprehensive survey. This will allow the property surveyor to intervene in one go and to provide you with a complete report containing all the property surveys.
- Keep all the documents
Archive all documents relating to the property surveys. Whether old or new, it is very important to keep the originals and copies of your DDT or of the various surveys. You can also send a complete copy to the notary in charge of the inheritance.
As heirs, your responsibility is twofold: to carry out the mandatory property surveys during a property inheritance for the sale or letting of the inherited property, and to inform the buyer or tenant.
Moreover, to find out more about property and inheritance, feel free to read our article: “Property and inheritance: how to carry out the transaction properly ”
Frequently Asked Questions (FAQ)
Yes, absolutely! It is even recommended if they are still valid.
The costs of the property surveys are borne by the selling or letting heirs. As we have mentioned, the costs are shared in the case of joint ownership in proportion to the inheritance shares of the various heirs.
No! It is strictly forbidden to sell an inherited property without providing a complete DDT. This obligation is enshrined in the Construction and Housing Code.
Property surveys are only mandatory in the event of a property transaction. If the inherited property is kept for personal use, no surveys are required. But in the event of the sale or letting of the inherited property, yes, property surveys are mandatory for the selling heirs and the letting heirs.
The inheritance does not change the validity period of the property surveys. Moreover, each property survey has a different validity period. It is recommended to check the validity dates of the existing surveys before undertaking a property transaction.
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