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On October 13, 2010 was published in the JOURNAL official DE LA RÉPUBLIQUE FRANÇAISE (text 9/98)

Decrees, orders, circulars
GENERAL TEXTS
MINISTRY OF ECOLOGY, ENERGY, DEVELOPMENT
SUSTAINABLE AND THE SEA, IN CHARGE
GREEN TECHNOLOGIES AND CLIMATE NEGOTIATIONS
Decree No. 2010 - October 11, 2010 1200 taken for the application
Article L. 271 - 6 of the code of construction and housing
NOR: DEVU1011884D

Affected public: real estate diagnosticians, the diagnosticians certification bodies
real estate, real estate management and through entities referred to in article 1 of Act No. 70-9 January 2, 1970, called Act Hoguet, companies work.
Subject: ban on commissioning in the sector of real estate diagnosis.
Entry into force: immediate.
Notice: the Decree prohibits any form of commissioning related to the activity of real estate Diagnostician.
The Diagnostician (or his employer) cannot pay any compensation or no advantage to an entity
involved in the sale or rental of the good object of diagnosis; He cannot receive any compensation or
benefit from a business that can perform work in relation to the establishment of the diagnosis.
Indeed, these links are likely to undermine the independence and impartiality of the Diagnostician in
creating a situation of conflict of interest potential or proven that may affect professional judgement.
Furthermore, the Decree provides that diagnostic reports include destination information from
consumer on the certification of competences of the Diagnostician.
References: the texts amended by this Decree may be consulted in their issue of drafting
This amendment on the Legifrance (http://www.legifrance.gouv.fr) site.
The Prime Minister,
The report of the Minister of State, Minister of ecology, energy, sustainable development and the
Sea, in charge of green technologies and climate negotiations
Having regard to the penal code;
Having regard to the code of construction and housing, particular article L. 271 - 6;
Pursuant to law No. 70-9 January 2, 1970 amended regulating the conditions for the exercise of activities relating to
certain operations on buildings and trade funds, including article 1 thereof;
The Council of State (section of public works), heard,
Orders:
S. 1.-in the last sentence of the third paragraph of article R. 271 - 1 of the code of construction and
housing, the words: technical diagnosis record are replaced by the words: documents that
must be established under the conditions laid down in article L. 271 - 6. .
S. 2 - Article R. 271 - 3 of the code of construction and housing shall be replaced by the
following:
S. R. 271-3. -The person appealed to for the preparation of the documents which must
be established under the conditions laid down in article L. 271 - 6 previously delivers to its customer a document by
which she certify on my honour that it is in a regular situation under the provisions of this article and
that it has equipment and personnel capacity to its delivery.
Documents prepared under the guise of the certification provided for in article R. 271 - 1 mentions
Next: the report is prepared by a person whose skills are certified by...:,.
complemented by the name and mailing address of the certifying body concerned.
Or the person referred to in the first subparagraph or his employee may grant, directly or indirectly, to
the entity referred to in article 1 of Act No. 70-9 January 2, 1970, involved for the sale or lease to
one of the documents that must be established under the conditions laid down in article L. 271 - 6 is
requested, no inducement or compensation in any form whatsoever.
. .
Or the person referred to in the first subparagraph or his employee may receive, directly or indirectly, from the
part of a business that can perform work on structures, facilities or equipment on which
is his performance, no advantage or consideration, in any form whatsoever.
S. 3 - Article R. 271 - 4 of the code of construction and housing is amended as follows:
I. - a, the words: for a person to establish a document referred to in the 1o 4o and the article 6o
L. 271-4 without are replaced by the words: to establish or agree to prepare a document to be prepared
under the conditions of article L. 271 - 6, and not.
II. - B, the words: technical diagnosis record are replaced by the words: document before
be established in accordance with article L. 271 - 6,.
III. - in the c, the words: for a seller shall be deleted and the words: mentioned to 4o and the 6o 1o of
article L. 271 - 4 are replaced by the words: to be established under the conditions laid down in
article L. 271 - 6.
IV. - The last sentence is replaced by the following provisions:
Recidivism is punishable in accordance with articles 132-11 and 132-15 of the penal code.
S. 4? The Minister of State, Minister of ecology, energy, sustainable development and the sea, in
support green technologies and negotiations on climate, the Minister of State, garde des sceaux, Minister
justice and freedoms, Minister of economy, industry and employment, the Minister of the Interior, of
the overseas and local authorities, the Minister of health and sports, the Minister with the Minister
of the Interior, of the overseas and local authorities, responsible of the overseas, Secretary of State responsible for
trade, craft, small and medium-sized enterprises, tourism, services and the
consumption and the Secretary of State for housing and urbanism are responsible, each in which the
concerned, the implementation of this Decree, which shall be published in the Official Journal of the French Republic.
Done at Paris, on October 11, 2010.

FRANÇOIS FILLON
The Prime Minister:
The Minister of State, Minister of ecology,
energy, sustainable development and the sea,
in charge of green technologies
and negotiations on climate,
JEAN-LOUIS BORLOO
The Minister of State, garde des sceaux.
Minister of justice and freedoms,
MICHÈLE ALLIOT-MARIE
The Minister of economy,
industry and employment,
CHRISTINE LAGARDE
The Minister of the Interior,
of the overseas and territorial collectivities,.
BRICE HORTEFEUX
The Minister of health and sports,
ROSELYNE BACHELOT-NARQUIN
The Minister to the Minister of the Interior,
of the overseas and territorial collectivities,.
charge of the overseas,.
MARIE-LUCE PENCHARD
The Secretary of State
charge of trade, crafts,
small and medium-sized enterprises,
Tourism, services and consumption,
HERVÉ NOVELLI
The Secretary of State
responsible for housing and town planning,
BENOIST APPEARED