Zone termites sarthe

Zone termites sarthe

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Subterranean termite droppings, also called frass, are small, rounded pellets made from timber. This species typically leaves its waste inside wood. Prying open infested lumber will reveal snaking tunnels coated with subterranean termite frass. They use subterranean termite frass, mud, and saliva to make their tubes. These piles could be drywood termite droppings known as frass.

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Termite Zones in France

Tuesday 15 March 2011

The French government have published a map showing those areas of the country where termites are present.

The problem of termites is widespread in France, although it is most severe in the South West.

In order to assist in the reduction and eradication of termite infestations there are a number of regulations in place.

One of the most important of these regulations is that within a commune contaminated with termites, sellers are required to have a termite survey undertaken of their property.

In addition, any owner who at any time discovers termites in their property is obliged to make a compulsory declaration to their local mairie .

The mairie can also require any property owner to undertake a survey of their property and, in the worst case circumstances, insist that they undertake treatment and removal of the infestation that may be found.

The map below, prepared by the French government, shows those areas of the country where termites are present.

The red zones indicate the whole area is covered by the regulations, while in the orange areas there are some communes (or parts of some communes ) covered by these controls.

Remedial Works

The cost of remedying a termite infestation is substantial. Not only will you pay thousands of euros for the treatment itself, but there is also the cost of repair, removal and replacement of the affected timber.

It is possible to do the treatment work on a DIY basis, but as treatment requires injection into main timbers and walls, without a proper understanding of what you are doing, there is no guarantee it will be successful.

This article was featured in our Newsletter dated 15/03/2011

www.french-property.com

Survey Guarantees on Diagnostics Immobilier

Tuesday 04 April 2017

Buyers have a legal right to compensation for errors occurring as part of the ‘diagnostics immobilier’, but on what basis?

As part of the sale process of a property in France, the seller is required to provide to the buyer several obligatory statutory surveys and reports on the condition of the property.

Their cost of the dossier depends on the number of reports required and size of property, but it will be a minimum of several hundred euros, and up to several thousand euros for a substantial property.

The surveys are undertaken by professional ‘diagnostiqueurs immobiliers’ , technicians who have received specialist training in the surveys, and who are also required to hold professional indemnity insurance.

The number and nature of these surveys depends on the age, type and location of property, but in designated areas of the country it includes a survey for termite infestation.

The problem of termites is widespread in France, although it is most severe in the South West.

The map below shows areas in red where the whole area is covered by the regulations, while in the orange areas there are some communes (or parts of some communes ) covered by these controls.

The cost of remedying a termite infestation is substantial. Not only will you pay thousands of euros for the treatment itself, but there is also the cost of repair, removal and replacement of the affected timber.

The treatment can be done on a DIY basis, but as it requires injection into main timbers and walls (spraying is not sufficient), without a proper understanding of what you are doing there is no guarantee it will be successful.

The quality of these reports is of a generally high standard, and anyone who has been through the sale and process purchase will be able to attest to the sheer volume of information that is produced.

However, errors do sometimes occur, which can be most serious where the technician has failed to properly pick up on the presence of termites in the property.

Where a technician has been found to have been professionally negligent French courts have made divergent judgements on the nature of the compensation to the seller.

In some cases the seller has been merely compensated for the loss of the opportunity to have purchased as a lower price; in several cases the sale itself has been annulled; in other cases the compensation has been limited to treatment being carried out; in yet other cases the surveyor firm has been required to pay for timber treatment, remedial works and damages to the buyer.

The issue of the nature and level of the award becomes particularly difficult where, although the surveyor has found no current activity, they cite evidence of past infestation. If subsequently a re-infestation occurs, what is the liability of the surveyor?

That question arose recently with a buyer who had acquired a property for renovation and later found that it was infested with termites.

In the survey report that had been carried out the technician had mentioned traces of termites infestation from the past, without the current presence of termites, but concluding that it was impossible to exclude the possibility that there might be a re-infestation.

When the case reached the court of appeal the judges took the view that the damages payable to the buyer should be limited to the cost of new termite treatment. In coming to their decision they stated that the buyer was aware they had purchased in an area prone to termites, and that they had been informed of the past infestation and the risk that it might occur again in the future.

The purchaser appealed the decision to the Supreme Court, the Cour de Cassation , who ruled that in stating there was no termite infestation in the property the technician provided a guarantee against the risk, stating:

« le dossier de diagnostic technique annexé à la promesse de vente ou à l’acte authentique de vente d’un immeuble garantit l’acquéreur contre le risque »

Accordingly, they ruled that the survey company was obliged to pay for termite treatment, remedial works, and damages to the buyer.

The decision of the court has caused a great deal of consternation among estate agents and survey firms, with many arguing that in deliberately accepting the risk the buyer should have held some responsibility and be granted a lower level of compensation.

If the principle of a ‘guarantee against risk’ is adopted in the future by the courts then insurance premiums will arise, which will inevitably have to be passed on to the public in higher prices for the survey reports.

However, courts always have a habit of nuancing cases, so we may well expect that this will not be the final word on the issue.

This article was featured in our Newsletter dated 04/04/2017

www.french-property.com

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    The pitfalls of buying property in France

    When the systems are different, buying that dream home away from it all can be fraught with problems. Ross Clark looks at the hazards faced by those who want to purchase property across the Channel

    12:00AM BST 02 Aug 2000

    INITIALLY, you may have envisaged your holiday in France as a time simply to enjoy some bottles of Beaujolais and a few cheeses in a romantic setting. But, if you happen to peer into the window of an agent immobilier and spot a photo of a stone cottage with vines round the door, all for less than £50,000, you may be tempted to widen your horizons.

    A fear in Provence: don’t let legal complexities put you off buying your dream home

    The fall in the value of the euro has made some French property look so cheap that many holidaymakers are being drawn into buying on a whim. It is not just wine they end up loading into the car for the journey home, but also official papers and the dream of returning next year to their own little patch of France.

    Buying a property in France is not, however, without its hazards. For instance, that barn conversion in the Loire Valley for £60,000 may not seem quite such a bargain when you have taken into account the notaire‘s fee of between six and seven per cent of the purchase price.

    The notaire is a lawyer who acts on behalf of both buyer and vendor. His fee consists not only of his own bill, but also a property transaction tax – the equivalent of our stamp duty – which is passed on to the French government.

    Related Articles

    French estate agents also manage to make our own native breed look cheap. Typically, they charge the buyer between five and six per cent – one reason why many French properties are sold privately, particularly at the lower end of the market.

    Also, don’t be tempted to buy property in the name of a company to save tax. Company-owned houses in France face a hefty annual tax of three per cent of the prevailing value.

    Superficially, the process in France resembles that in England and Wales. Buyer and seller first prepare a compromis de vente – the equivalent of exchanging contracts – before proceeding to an acte authentique, equivalent to completion. The pace of a sale, however, is very different. While in England and Wales it typically takes eight weeks to exchange contracts and a week to complete a sale, in France the compromis de vente is drawn up quickly while the acte authentique typically takes eight weeks.

    Buyers used to the English system often fail to take the

    compromis de vente

    seriously, thinking that they will be able to pull out at a late stage without incurring financial loss, as in England and Wales. They can’t. They risk losing their deposit, usually 10 per cent of the purchase price.

    The system can cause particular problems if your purchase in France is dependent on the sale of a property in England. One buyer lost out because she failed to take seriously a condition in the compromis de vente that she would not require a mortgage to buy a Fr660,000 (£64,000) cottage in Charente.

    At the time she had no intention of borrowing money to buy the house. But then the sale of a property in England, on which the purchase depended, fell through and she was unable to borrow the shortfall. As a result, she lost her 10 per cent deposit of Fr66,000 (£6,400). She said: “It was particularly annoying because I speak fluent French and I noticed the clause. I just didn’t think anything of it.”

    Do not sign a compromis de vente unless you are satisfied with the physical state of the property. Under French law, you are entitled to pull out without losing your deposit if local searches reveal the presence of a “planned nuisance”. But there are no provisions for renegotiating the price or demanding your deposit back if a structural survey reveals signs of rising damp, for instance, or termites – a big problem in the south of the country.

    Donelle Higbee, of Sothebys International Realty in Paris, said: “Chartered surveyors don’t exist in France. If you want somebody to check the property, you go round it with an engineer or an architect. And you have to act quickly.”

    Conveyancing solicitors are another Anglo-Saxon invention that has not made it across the Channel. Charles Auty of Hamptons International said: “There is a misconception that the notaire acts on behalf of buyer or seller, like an English solicitor. In fact, he’s there solely to look after the interests of the state.”

    The notaire is not there to give you advice or draw your attention to potential problems. You may wish to employ your own lawyer for this, although the French do not generally consider this necessary. Some notaires also act as estate agents, but this involves an obvious conflict of interest in that he or she then represents both the vendor and the state.

    There are good points as well as hazards, however. Gazumping is unheard of in France. As soon as the compromis de vente is signed, the vendor cannot pull out – although an alternative document, the promesse de vente, enables sellers to stipulate a time limit, typically three months, after which they are free to sell to someone else.

    Owners of French property also possess more freedom than their English counterparts when it comes to restoring old buildings. There is a listing procedure, but few properties are affected. Even some chateaux are not listed.

    You can forget, however, making a profit from doing up an old country cottage or barn. While the price of unmodernised property is cheap in rural France, so is the price of modernised property. Building costs can also be expensive, thanks to comfy arrangements between local tradesmen and the maire, who has vested in him the power to refuse permission for extensions and alterations.

    Though some may resemble the jolly, red-faced characters of Peter Mayle’s A Year in Provence, other are less than sympathique. Mr Auty said: “I’m forever hearing stories of people having to bribe the maire.” In one case, the sale of one client’s chateau near Vichy to a religious sect fell through when the maire blocked proposed alterations by the sect because “We don’t want your sect in our commune.”

    And finally, don’t fall into the trap of believing that all French property is cheap, says Geoffrey Robinson of Fisher Wrathall, a Lancashire agent. Prices in many cities, especially Paris and Marseille, are equivalent to those in England, he says. Period properties in remote rural areas are cheap because the French do not want to live in them, especially when it is easy to obtain planning permission for a new house.

    www.telegraph.co.uk

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