The state-of-risks report: what is in it, when do you get it and what does it leave out?
The state-of-risks report is the document in which the seller informs the buyer of natural, mining and technological hazards, seismicity, radon and compensated claims. It must be handed over from the first viewing, be less than six months old and be annexed to the compromis. Anyone can produce it for free on ERRIAL. It says nothing about the PLU, permits granted to neighbours or most polluted land.
When the seller must provide it
The obligation comes from article L125-5 of the Environment Code. It covers any sale of a building or land located, among other things:
- within a natural, mining or technological risk prevention plan, adopted or prescribed;
- in seismic zone 2, 3, 4 or 5;
- in a commune with radon potential category 3;
- in a zone exposed to coastal retreat;
- in a zone subject to the legal duty to clear undergrowth.
Since 1 January 2023 it must be handed over at the first viewing, if there is one, then annexed to the sale agreement, dated and signed by the buyer. It must be less than six months old and updated if any information is no longer accurate at signature. The relevant sale listings must refer to Géorisques.
Other data often matter for the same house, such as whether a house is in a flood zone and airport and road noise. You can see how a dossier sets them out register by register in the sample dossier.
What it contains
Its content is set by article R125-24 of the Environment Code:
- the date, the plot number and the zones the property lies in;
- for each prevention plan, a map extract, the extract of the rules, and whether works are required and done;
- the seismic sheet from zone 2 and the radon sheet in category 3;
- the list of natural disaster orders that affected the property and led to compensation.
The seller fills it in personally. The ERRIAL online service, at errial.georisques.gouv.fr, prepares it free of charge from the address or plot; you can use it too, to compare with the one you are given.
What it does not say
The state-of-risks report is useful, but its scope is narrow. It does not cover:
- the PLU: the zone, the permitted height or footprint on the plot;
- building permits granted or applied for in the street, or development projects;
- polluted land, unless the plot is in a soil information sector (SIS); former industrial sites listed elsewhere are not included;
- public-interest servitudes outside prevention plans, or the surroundings of listed monuments;
- road noise, and airport noise, which has its own document;
- the condition of the building: cracks, roof, damp.
The neighbour’s building permit
If it is missing or wrong
If the state-of-risks report is not handed over by the signing of the compromis at the latest, the ten-day cooling-off period (art. L271-1 of the Construction and Housing Code) only runs from the day after it is delivered. If it is missing or inaccurate, the buyer can ask the court to cancel the sale or reduce the price, with damages. The notaire checks that it is there; a lawyer assesses a dispute.
The seller’s document remains mandatory. Alongside it, ScanAdresse brings together for one address the Géorisques hazards, the PLU, servitudes, polluted land (SIS, CASIAS), classified facilities (ICPE), the PEB and permits in the cadastral section (Sitadel), with found, not found or source unreachable, for €29 including VAT.
Frequently asked questions
Do you need a surveyor for the state-of-risks report?
No. The seller can fill it in personally, free of charge, on ERRIAL. Another format is allowed if it contains all the required information and is up to date.
How long is it valid?
It must have been produced less than six months earlier, and be updated if any information is no longer accurate at signature.
Does a house outside any zone have one?
The obligation only applies in the zones set by law. In practice many sellers provide it anyway; Géorisques can be consulted for any address.
Does it flag polluted land?
Only if the plot is in a soil information sector. Former industrial activities listed in CASIAS are not included.
Sources
- Service-public.fr: state-of-risks report
- ERRIAL: produce a state-of-risks report
- Environment Code, art. L125-5 and R125-23 to R125-27
- Construction and Housing Code, art. L271-1
- Service-public.fr: diagnostics required on sale
ScanAdresse is a private service by SRI Group BV (VAT BE1037052239), not connected to any public authority: it brings together public data, with the source and date of every item.
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