ERP (Risks & Pollution)

The Statement of Risks and Pollution (ERP): informing buyers about the property’s surroundings

The Statement of Risks and Pollution, commonly known by its French acronym ERP, is a regulatory document that informs a buyer or tenant about a property’s exposure to a range of location-related hazards. Unlike a technical survey that inspects the building itself, the ERP is built from public mapping data: it is not an on-site visit but a documented analysis of the plot’s geographical situation.

The document covers a broad spectrum: natural risks (flooding, ground movement, avalanche, forest fire), mining risks, technological risks linked to classified industrial installations, seismicity, radon potential, soil pollution and, along the coast, coastline retreat. Its purpose is to guarantee transparent information before any commitment.

What the document is for and why it matters

The ERP answers a simple principle: no one should buy or rent a property without knowing the hazards they may face. A house in a flood zone, a flat within the perimeter of a technological risk prevention plan, or an area with high radon concentration call for specific precautions, sometimes works or adapted behaviours. By providing this visibility upfront, the document protects the occupant and secures the transaction.

Who is concerned and when the ERP becomes mandatory

The obligation applies to both sale and rental as soon as the property lies within a zone covered by at least one scheme: an approved or prescribed risk prevention plan, an area of significant seismicity, or a municipality classified as having significant radon potential. In practice, geographical coverage triggers the requirement, regardless of the type of dwelling, whether a detached house or a co-ownership lot.

When the property is not located in any relevant zone, the document is generally still produced to precisely confirm this absence of exposure, which reassures both parties.

What the diagnostician checks and compiles

• Whether the plot falls within one or more natural, mining or technological risk prevention plans.
• The municipality’s seismicity level and regulatory zoning.
• The radon potential associated with the area.
• The existence of soil information sectors indicating proven or suspected pollution.
• Where relevant, exposure to coastline retreat for coastal properties.
• Any past claims compensated under natural or technological disaster schemes.

How the ERP is drawn up

The process does not require access to the dwelling. The professional relies on official data from the Géorisques platform and on the prefectural orders in force for the municipality. They cross-reference the address and land registry references with the zonings to produce a statement accurate as of the drafting date. This speed is an asset, but it demands vigilance about how up to date the information is.

What the report contains

The form sets out the identification of the property, the list of identified risks, the applicable zonings and any claims already compensated. It comes with the relevant map extracts. The whole is attached to the technical diagnosis file appended to the preliminary agreement, the deed of sale or the lease.

A short validity period to watch

The ERP must be less than six months old at the signing of the authenticated deed or the rental contract. This reduced validity reflects the possible evolution of zonings and orders. A document that is too old must imperatively be updated before signing, failing which it loses its informative and legal value.

The consequences of a missing, incorrect or expired ERP

The absence of this document, or the transmission of an inaccurate statement, can carry serious consequences. A poorly informed buyer or tenant has remedies that can go as far as renegotiating the price, seeking cancellation of the sale, or claiming compensation for the loss suffered. Rigour in drawing up and updating the document is therefore essential for all parties.

How much an ERP costs

The price of an ERP is among the most moderate of the mandatory diagnostics, as it relies on a documentary analysis rather than a physical inspection. The rate varies according to the complexity of the local zoning, the need to update an existing document and, above all, the inclusion of the service in a package of diagnostics carried out for the same transaction, which generally reduces the overall cost.

Frequently asked questions about the ERP

Does the ERP require a visit to the property?

No. It is drawn up exclusively from the official geographical and regulatory data attached to the address and the plot. No on-site appointment is required, which explains why it can be produced quickly.

Can I reuse an ERP produced last year?

No, unless it is less than six months old at the time of signing. Beyond that, it must be redone, because zonings and prefectural orders may have changed in the meantime and the document must reflect the most recent situation.

What happens if my property is not in any risk zone?

The document is still produced to formally confirm this. This statement reassures the buyer or tenant and legally secures the transaction by proving that the information was properly provided.