Real estate diagnoser: conditions of access and exercise
Verified 01 January 2026 - Public Service / Directorate of Legal and Administrative Information (Prime Minister), Ministry in charge of Housing, Ministry in charge of Health, Ministry of Ecological Transition and Territorial Cohesion
- Regulated commercial activity
- EPA Code : 71.20B
- Social contributions : to be paid to theUrssaf: titleContent
- Social security scheme : Social security for the self-employed (SSI) or General Social Security Scheme, depending on the mode of practice
- Social protection : CPAM: titleContent (disease), Carsat: titleContent (retirement)
Definition
In case of sale or lease of all or part of a built building, the seller must have established a technical diagnostic record. This file shall include the following documents:
- Finding of risk of exposure to lead
- State mentioning presence or absence of materials or products containing asbestos
- Status of the presence of termites in the building
- Status of the internal gas installation
- Status of the internal electricity installation
- Diagnosis of energy performance and, where appropriate, energy audit
These documents shall be drawn up by a real estate diagnoser.
The real estate diagnoser offers guarantees of competence and professionalism. This requirement of professionalism requires him to have an appropriate organization and means.
The duties, responsibilities and obligations of the diagnoser are regulated.
Access
The skills of the real estate diagnoser must be the subject of a certification. This certification is issued by an accredited body to persons who have a qualification . The validity period of this certification is 7 years.
A diagnoser practicing without certification may be assessed a contravention of Section 5e class (i.e. €1,500 and €3,000 in the event of recurrence).
To apply for certification to practice the profession of real estate diagnoser, qualification prerequisites are necessary.
These prerequisites differ according to the diagnoses that the diagnoser plans to carry out.
Termites, electricity, gas
No prerequisites are required for the application for diagnostic certification in the termite, electrical, and gas fields.
Asbestos, lead
To request certification with mention Technical diagnostics operator in the fields of asbestos and lead shall have one of the following qualifications
- or one professional experience of 3 years of a building technician or building control officer or in functions of an equivalent professional level in the field of building technology
- or one diploma sanctioning post-secondary education of a minimum duration of 2 years (Bac+2 level, e.g. BTS, DUT, pro license) on a full-time basis or of an equivalent duration on a part-time basis in the field of building technology
- or any evidence of the holding equivalent knowledge in connection with building techniques
A request for certification without mention in these areas, no prerequisites are required.
FYI
You have to master the French language.
Energy Performance (EPD)
Candidates for the Energy Performance Diagnoser certification must demonstrate one of the following qualifications:
- or one professional experience of 3 years of a building technician or building control officer or in functions of an equivalent professional level in the field of building technology
- or one diploma on completion of at least two years of higher education training in the field of building technology
- or one professional certification level 5 or higher in the field of real estate diagnostics or building energy performance (equivalent to a bac+ 2 level diploma: DEUG, BTS, DUT or DEUST) AND a professional experience of at least 3 years.
To practice as a real estate diagnoser, you must apply for certification.
There is one certification per domain. It is possible to apply for certification in several areas.
However, it is not it is not possible to hold more than one certificate in the same field. By exception, this cumulation is possible, for a period of less than 2 months, as part of a renewal of certification, a transfer of certification, an extension of scope to certification with mention.
For any certification, you must contact an accredited certification body:
Who shall I contact
The procedure for nationals of the European Union (EU) or a State Party to the European Economic Area (EEA) is specific.
General case
Certifications depend on the diagnosis you want to make:
Lead
In the field of lead, there are 2 types of certification :
- Certification with mention : it makes it possible to carry out diagnoses of the risk of lead poisoning of paints and post-work checks in the presence of lead.
- Certification without mention : it makes it possible to carry out risk assessments of exposure to lead
The candidate for certification without mention must justify that it has successfully followed a initial training lasting 3 daysadapted to the nature of the certificate requested from an accredited training organization.
For certification with mention, you must have followed a 5-day training module which covers both levels of certification (with and without mention) with a training organization.
The certification consists of a theoretical examination and a practical examination organized by a certifying body itself accredited to the certification body of the training organizations:
- Theoretical examination is divided into two modules: one for certification without mention, the other for perimeter extension to certification with mention.
- Practical examination : this is a diagnostic situation.
The decision on certification shall be notified to the applicant within a maximum period of 2 months after its assessment.
Asbestos
In the field of asbestos, there are 2 types of certification :
- Certification with mention : it makes it possible to carry out visual identification and examination of materials and products containing asbestos in multi-family buildings.
- Certification without mention : it makes it possible to study the presence of asbestos in private dwellings.
The candidate for certification without mention must justify that it has successfully followed a initial training lasting 3 daysadapted to the nature of the certificate requested from an accredited training organization.
For certification with mention, you must have followed a 5-day training module which covers both levels of certification (with and without mention) with an accredited training organization.
The certification consists of a theoretical examination and a practical examination organized by a certifying body itself accredited to the certification body of the training organizations:
- Theoretical examination is divided into two modules: one for certification without mention, the other for perimeter extension to certification with mention.
- Practical examination : this is a diagnostic situation.
The decision on certification shall be notified to the applicant within a maximum period of 2 months after its assessment.
Termite, electricity, gas
Certification in the fields of termites, gas, electricity does not specify any mention.
You have to justify with a initial training lasting 3 daysadapted to the nature of the certificate requested from a training organization.
The certification shall consist of a theoretical and practical examination organized by a certifying body itself accredited to the certification body of the accredited training organizations:
- Theoretical examination
- Practical examination : this is a diagnostic situation.
The decision on certification shall be notified to the applicant within a maximum period of 2 months after its assessment.
Energy Performance Diagnostic (EPD)
To perform energy performance diagnostics (EPDs), you must first obtain a certification.
Candidates for certification must have completed initial training of a duration of 56 hours minimum, adapted to the field of energy performance diagnostics in the last 18 months.
There are 2 types of certification:
- Certification without mention allows to carry out diagnostics in buildings of individual dwellings. This is obtained after an initial training of a minimum duration of 56 hours (broken down into 28 practical hours and 28 theoretical hours), adapted to the field of energy performance diagnosis.
- Certification with mention allows to carry out diagnostics in residential buildings or buildings for professional use. The initial training shall be supplemented by a module of at least 21 hours (7 theoretical hours and 14 practical hours). Proof of completion of initial training shall be provided by a certificate issued by a certified training organization.
The examination consists of two parts: a theoretical examination and a practical examination
Theoretical examination
The theoretical examination is composed of 2 modules composed of a multiple choice questionnaire (MCQ) to assess the candidate on knowledge.
These modules are:
- one for the certification without mention. It consists of 75 questions. To validate the exam, more than 75% questions.
- the other for perimeter extension to certification with mention. It consists of 35 questions. To validate the exam, more than 75% questions.
Please note
from 1er in november 2025, the theoretical examination is carried out by the certifying body using a digital tool for evaluation and automatic correction.
Practical examination
Until December 31, 2025, the practical examination consists of a situation analysis based on an information file allowing a diagnosis to be made.
From 1er January 2026, the practical examination will consist of a real-life implementation of the entire diagnosis of an actual building.
In the case of perimeter extension to certification with mentionHowever, this practice concerns a diagnosis of a collective dwelling building.
Initial Certification Decision
The certification decision shall be notified in a maximum period of 2 months after his evaluation. Where discrepancies between observed and expected competencies have been identified, a written report describing these discrepancies shall also be provided with the certificate.
The certificate thus issued includes, on the first page, a link to the QR code format, to verify the validity of the certification on the site of the directory of diagnosers.
European national
A national of a Member State of the European Union (EU) or the European Economic Area (EEA) has the possibility of either settling in France for an exercise permanent (we speak of free establishment), or to practice there temporarily his profession (we speak of freedom to provide services or LPS).
Permanent exercise (freedom of establishment)
A European national qualified in his/her home State to carry out the activity of real estate diagnosis or energy performance may establish themselves in France.
He must address a application for recognition of professional qualifications to an accredited body.
This application must be in French.
- If the activity of real estate diagnoser is regulated in the State of origin, this declaration must include proof of professional qualifications and a declaration concerning his knowledge of the French language.
- If the activity of diagnoser is not regulated in the State of origin: it must have exercised it in one or more EU Member States or States party to the EEA Agreement for at least one full-time year during the 10 years preceding the application for recognition.
To find out if the activity of a real estate diagnoser is regulated in an EU or EEA state, you can consult the european commission website.
The body shall verify the equivalence of professional qualifications on the basis of the information provided and issue a certification certificate.
One compensation measure may be required when there is a substantial difference between the training required in France and the professional qualification of the European national, or between the activities covered by the profession in France and in the Member State of origin.
This compensation measure must be justified by the certification body. It consists of an adaptation period of up to 3 years or an aptitude test, within a maximum period of 6 months from the initial decision imposing the compensation measure.
SOLVIT is particularly active in the recognition of professional qualifications.
The use of SOLVIT is possible if the following 2 conditions are met:
- The public administration of one EU country has failed to respect the rights that EU law confers on it as a citizen or company of another EU country.
- A legal action has not yet been initiated (the administrative appeal is not considered as such).
After a period of 10 weeks, SOLVIT presents a solution:
- If this solution resolves the dispute concerning the application of European law, the solution is accepted and the case is closed.
- If there is no solution, the case is closed as unresolved and referred to the European Commission.
Temporary Exercise (LPS)
An EU or EEA national legally established in one of these States may carry out the activity of real estate diagnostics in France on a temporary and occasional basis.
The procedures for recognizing its qualifications are different for energy performance diagnostics (EPD) and other real estate diagnostics (asbestos, termites, lead, electricity and gas).
Energy (EPD)
A European national qualified in its home Member State for diagnostic activity may exercise occasionally in France provided that it is legally established in a State of theEU or theEEA.
Where this activity or the training leading to it is not not regulated in the State in which it is established, the trader must have practiced it in one or more EU or EEA Member States for at least one year full-time or for an equivalent period of part-time in the 10 years which precede the service in France.
Please note
To find out if the activity of a real estate diagnoser is regulated in an EU or EEA state, you can consult the european commission website.
Before any punctual service in France, the European national must send to a certification body a advance declaration in frenchincluding the following:
- Certification that the trader is legally established in a Member State to carry out the activity in question
- Proof of professional qualifications
- Statement regarding his knowledge of the French language.
The certifying body shall verify the equivalence of the professional qualifications of the professional and issue a certification certificate.
- Either the body decides to subject the service provider to an examination, in the event of a substantial difference between the training required in France and the professional qualification of the service provider.
FYI
The diagnoser is subjected, in the first year, to a inspection on work. This consists of an on-site check in real-life situations as part of a diagnostic mission. The choice of the actual mission of the monitored diagnoser is made randomly by the certification body.
Other real estate diagnostics
A European national qualified in its home Member State for the activity of diagnoser may exercise occasionally in France subject to being legally established in a Member State ofEU or theEEA.
When that activity or the training leading to it is not regulated in the State of origin, the natural person must have exercised it in one or more EU Member States or States party to the EEA Agreement for at least one full-time year during the ten years preceding the application for recognition.
FYI
To find out if the activity of a real estate diagnoser is regulated in an EU or EEA state, you can consult the european commission website.
Before any punctual service in France, the European national must send to a certification body a advance declaration in frenchincluding the following:
- Certificate that the holder is legally established in a Member State to carry out the activity in question
- Proof of professional qualifications
- Statement regarding his knowledge of the French language.
The organization verifies that the training followed corresponds to the level of qualification required in France.
If the technical skills and the training followed are in line with the conditions laid down in France, the organization shall issue a certification certificate.
FYI
The diagnoser is subjected, in the first year, to a inspection on work. This control consists of an on-site control in real situation as part of a diagnostic mission. The choice of the actual mission of the monitored diagnoser is made randomly by the certification body
Exercise
The diagnoser may carry out his activity in one of the following legal forms:
- ₪(EI): the diagnoser is then an individual operator.
- Business: the diagnoser can choose to create an exercise business alone or to associate. The creation of an exercise business optimizes the tax burden by offering different options for distributing income among partners. The options can reduce income tax (IR) or business tax (IS) and social security contributions.
If a diagnoser wishes to practice as a business, he or she may choose one of the following types of business:- SARL or EURL
- SAS or SASU
The choice of a legal form (or legal status) of the company is a decisive step.
It determines how the company operates, but it also has implications for the tax system and social protection.
There are two main legal forms:
- ₪(EI) : allows the holder to carry out his activity alone and in his own name. The Head of company and the one and the same person. Micro-company (or self-company) is one with a simplified tax and social regime.
- Business : allows to carry out an activity in a legal entity distinct from the Head of company. It has the legal personality, i.e. it has its own legal existence (share capital, company name, registered office, etc.).
Please note
The real estate diagnoser can also practice as an employee.
These two modes of exercise each have their own specific rules:
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- (including micro-entrepreneur)
The creation of an entity (EI) involves few formalities (no drafting of statutes, no constitution of share capital and partner, etc.) and allows to launch its activity quickly. The assets of the individual entrepreneur (IC), including the micro-entrepreneur, are automatically separated into professional and personal assets.
FYI
For more information, please refer to the fact sheet on the separation of professional and personal assets.
Tax and social system of the classical
The individual entrepreneur is subject to income tax (IR), in the category corresponding to his activity (BIC: titleContent, NCB: titleContent , BA: titleContent.).
However, it is possible to opt for the actual tax regime or even for thebusiness tax (IS).
The individual entrepreneur is covered by the Social Security scheme for self-employed persons. He has the status of a self-employed person (TNS). It does not pay social contributions during at least 90 days which follow the start of its activity.
Our sheet on the social protection for traders and craftsmen details the contributions due and the arrangements for reporting and payment.
Simplified micro-company regime
The scheme of micro-entrepreneur is a very simplified social and tax system. It is applicable when the turnover HT: titleContent does not exceed certain thresholds: for example €188,700 in the case of an activity of selling goods, or €77,700 for the provision of services
The simplified scheme applies automatically for the year of establishment (N) and the following year (N+1) provided that these thresholds are met.
Furthermore, the micro-company is subjected to the exemption from VAT : i.e. the entrepreneur does not declare VAT on the services or sales he makes and cannot deduct it either.
As regards the taxation of income, micro-company is imposed on theIR: titleContent, in the category corresponding to its activity: micro BIC: titleContent, for the real estate diagnoser whose activity is commercial). The tax due is calculated taking into account a flat-rate abatement on turnover for business expenses which varies according to the activity carried out (for an activity of selling goods: the allowance corresponds for example to 71% turnover).
For more details on tax allowances, you can consult the sheet on the tax regime for micro-entrepreneurs.
Finally, the entrepreneur pays social security contributions only if he generates turnover.
Warning
Revenue generated from 1er January 2026 (and reported in 2027) is submitted, for the application of the micro-entrepreneur (micro-fiscal) tax system, to new thresholds, of which the amount will be set by the finance law for 2026. This law must be passed in the coming weeks.
In the meantime, the budgetary provisions planned for 2025 have been renewed by a special law no. 2025-1316 of 26 december 2025.
FYI
Our fact sheet on the₪(EI) specifies all operating rules.
Business
The business is a legal entity that has a legal personality, i.e. it has its own legal existence (share capital, company name, registered office, etc.). It can sign a commercial lease, hire employees and has a separate estate from that of its partners. It is represented by an officer (a manager or a president) who carries out the activity.
The interest of create a business is to limit the liability of the professional and his associates to the contributions made when the business was set up. It thus makes it possible to protect the personal heritage of each individual.
The trader may engage in a commercial and/or craft activity alone (creating a EURL or a SASU) or byassociating with other persons (SARL, SAS). The creation of a business requires the completion of various formalities such as the drafting of statutes, the deposit of a share capital which can be costly. In addition, the business must comply with various accounting obligations (keeping and filing of annual accounts, convening of shareholders at general meetings (AGMs), holding AGMs for any modification of the statutes of the business, etc.).
Tax system
The profits made by the business are in principle subject tobusiness tax (IS). For certain types of businesses, partners can opt for income tax (IR). In this case, the benefits are reported as BIC: titleContent in the income tax return.
Social protection
The social protection of the business manager varies according to the type of business chosen. The manager of a EURL or a SARL (if he is a majority) is considered a self-employed person and must contribute to the Urssaf on income from self-employment or on a minimum annual basis.
The manager of a SAS, SASU, SARL (minority or egalitarian) is considered as a salaried assimilated worker. It is part of the general social security system. He has a social protection very close to that of an employee. If he does not pay himself wages, he does not have to pay social security contributions.
To make the right choice, it is therefore essential to take into account many factors:
- the exercise of the activity alone or with several partners (in business)
- the tax system for the taxation of profits
- the social protection scheme in accordance with the envisaged legal form.
To help you choose the legal form that best suits your situation, Urssaf offers the following simulator:
Find the right legal status (form) and compare the cost of social contributions
Report activity
The trader must register the company. This procedure must be carried out online on the website of the companies' Formalities Window:
The trader must apply for registration within one month of the declared start date of the activity and no later than 15 days after the start date of the activity. The effect of this formality is to give the company legal status.
This declaration makes it possible to inform all the organizations concerned by the launch of the activity (INSEE, social organizations, Urssaf, public finance center, etc.).
As soon as the application for registration is accepted, INSEE allocates:
- A number Siren : it is a unique identification number of the 9-digit company
- A number Siret : it's thegeographical identifier of each of the establishments from the company, it is therefore possible to have several. This number consists of the Siren and a NIC (Internal Ranking Number).
When registering the company, INSEE also assigns the professional its code EPA: titleContent.
Declaration of non-conviction
When registering his activity, the trader must provide a declaration on honor of non-conviction.
By this declaration, the real estate diagnoser certifies that he has not been subject to any criminal, civil or administrative sanction prohibiting him from setting up and managing a company.
One template declaration of non-conviction and parentage is available:
Contributions called by theUrssaf: titleContent depend on the structure of the business and the legal status of the manager.
To know all the rules concerning the social system of the manager, it is possible to consult the sheet relating to the Social protection of the business manager.
The trader who carries out his activity in his own name ({circumflex over (X)}) or as majority manager of a business (such as a EURL or a SARL), is affiliated to the Social security for self-employed persons (SSI), the compulsory scheme for self-employed persons.
The professional must pay social contributions to the Urssaf from the beginning of his activity.
However, in practice, no contributions or social contributions are required during the first 90 days which follow the launch of its activity.
Since the income is not yet known at the start of the activity, the contributions are first calculated on a flat-rate basis for the first 2 years (at the same rates as those applicable during the course of business). They are then adjusted and regularized according to the actual revenues of the fiscal year.
Contributions must be paid online in one of the following ways:
- Either every month : payment is made on the 5th or 20th of each month, by direct debit.
- Either every quarter : payment is made by direct debit, telepayment or credit card on 5 February, 5 May, 5 August and 5 November.
When he carries out his activity within the framework of a business and holds management functions that give him the status of employee assimilated (president or paid CEO of SAS for example), the professional reports to the general social security system.
His social security contributions are identical to those of an executive employee, and he enjoys equivalent social protection, with the exception of unemployment insurance (optional unemployment insurance is however possible).
Professionals covered by the social security scheme for self-employed persons
Basis for calculating contributions at the beginning of an activity (paragraph 2)
90 days for the first deadline
Payment schedule for social security contributions (III)
Monthly payments
Quarterly payments
Employee-related managers covered by the general scheme (11° and 12°)
Once the certification has been obtained by the diagnoser, the certification body shall certificate monitoring.
Such monitoring shall take the following forms:
- Documentary surveillance operations
- One or more on-site inspections which consist of an on-site inspection in real-life situations as part of a new diagnostic mission. This inspection is valid for 7 years.
The conduct of these operations varies according to the areas for which certificates are issued:
Energy Certificate (DPE)
During the certification cycle, the certifying body shall carry out documentary and on-site checks.
Documentary control
The certification body shall three documentary checks during the 2e, the 4e and the 6e year of the certification cycle.
This documentary control carries a sample of at least five diagnostic reports established by the certified person. It is the certification body that selects these reports from among all those established over the last 12 months by choosing at least one report for each type of mission.
This check also certifies that the real estate diagnoser actually carries out the activity for which he has obtained certification.
The certifying bodies can rely on the statistical analysis of the activity of the diagnoser thanks to the automatic processing of Ademe data. They can choose the reports of the documentary controls and the CSOs after development of the diagnosis.
Warning
From 1er October 2025However, the fact of carrying out more than 1,000 energy performance diagnoses of single-family homes or apartments over a rolling 12-month period automatically triggers a report of anomalies by Ademe to the certifying bodies. The diagnoser must justify himself and risks a suspension of his certificate.
Inspection on work
The certification body shall carry out a inspection on work being diagnosed during the 1re year of the certification cycle. It is triggered from the completion of 20 diagnostic missions if necessary.
The certification body shall verify on-site and in real-life conditions the diagnostic capability of the diagnoser. It shall verify the conformity of the diagnosis and, within a maximum of one week after the on-site visit, the conformity of the diagnostic report drawn up.
The certifying body shall also two checks on the structure after the diagnosis has been made during the 3e and the 5e year of the certification cycle. He thus summons the certified with at least seven minutes' notice working days.
Other certificates
During the certification cycle, the certification body shall carry out the following checks:
- An initial document monitoring operation during the 1re year of the certification cycle and a second operation between the start of the 2e year and end of the 6e year
- On-site inspection of the work.
Documentary surveillance
Document monitoring has the following objectives:
- verify that the certified person is up to date with technical, legislative and regulatory developments in the field concerned
- verify that the certified person is actually carrying out the activity for which he or she has been certified. It must provide at least five reports over the last 12 months or, in the case of the initial document monitoring operation, four reports drawn up since certification was obtained
- verify that the certified person is duly insured
- verifying compliance with regulations or good professional practices of a sample of reports prepared by the certified person
- review the status of follow-up of complaints and complaints concerning the certified person in the use of his certification, as well as, where appropriate, the follow-up given to the results of the previous monitoring.
Please note
From 1er January 2025, for the asbestos field, the monitoring will make it possible to monitor compliance with legal and regulatory obligations and in particular the reporting obligations in the IT application SI-asbestos.
The results of each of the monitoring operations shall be returned in writing to the certified person indicating the discrepancies between the skills observed and the skills expected.
The decision to maintain, suspend, reduce or withdraw the certificate(s) shall be notified within a maximum period of two months from the last selection of the report by the certification body.
Inspection on work
This check shall be carried out by the certification body during the certification cycle, prior to the application for renewal. To do this, the diagnoser sends the certification body a schedule of his planned interventions over the period during which it is envisaged to carry out the on-site inspection. In addition, it specifies in its diagnostic contracts that it must be able to be accompanied by an examiner representing the certification body so that the latter cannot be refused access to the site of the on-site inspection.
On-site inspection covers all diagnostic areas for which the diagnoser is certified. If it is not possible to carry out this at once, the body must carry out several checks on the work, allowing the monitoring of all the areas of certification of the diagnoser.
The choice of the actual mission that is checked is random and communicated to the diagnoser 2 working days before the check.
In the case of a certification with mention, the certification bodies shall carry out a work-based inspection within the scope of the certification with mention.
This inspection is valid for 7 years.
Where an on-site inspection reveals non-conformities, the certification body shall trigger a new inspection. If this second check reveals non-compliances then the certification body shall suspend or withdraw the certificate(s).
The decision to maintain, suspend, reduce or withdraw the certificate(s) shall be notified within two months of carrying out the on-site inspection.
During the certification period, the diagnoser must provide proof that he has completed continuing education in his field with a certified training organization.
Continuing education differs depending on the qualifications obtained.
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Energy Performance Diagnostic (EPD)
Continuous training during the cycle
During the certification cycle, the diagnoser must complete a training test case organized by the certified training organization.
This is a situational analysis enabling a diagnosis to be made. It is carried out in person or remotely.
This training provides a reminder of legislative, regulatory or normative innovations as well as technical developments and good practices of the profession.
This continuous training lasts 7 hours per year during the second, the 3e, the 4e and the 6e cycle year for certification without mention.
For the certification with mention, the duration is 7 overtime hours per year during the 2e and the 5e year of the cycle.
Continuing education in a professional environment-tutoring
In the year following his initial certification, the diagnoser must carry out two real and complete missions of energy performance diagnosis accompanied on site by a tutor.
This training in a professional environment is supervised by a certified training organization.
The tutor must have 5 years of experience in the field of energy diagnosis.
At the end of the training, the tutor writes a report on the missions carried out by the diagnoser and the certified training organization issues the certificate of follow-up of training in a professional environment to the diagnoser.
Other real estate diagnostics (asbestos, lead, termites, electricity, gas)
The objective of continuing education is to keep the knowledge and skills of the diagnoser up to date.
This training must be completed before the end of the 4e year and 18 months before the end of the certification period.
This training must last 1 day for certification without mention or 2 days for certification with mention.
Who shall I contact
Continuing education obligation for the field of energy performance diagnostics (Annex 1, point 2)
Continuing education requirement for asbestos, electricity, gas, lead and termites (Article 6)
The diagnoser or business must take out insurance to cover its Professional Civil Liability (CPR) as part of its interventions.
It can be blamed for, for example, a misdiagnosis, a lack of diagnosis (e.g., forgetting a mandatory diagnosis), or a misinterpretation of the results of the diagnoses.
The amount of the guarantee may not be less than €300,000 by claim and €500,000 per year.
Please note
THEemployer is responsible of all the damage that its employees could cause. Such damages include all bodily, material and non-material damage that may be caused to a third party during working time and at the place of practice. CPR insurance covers these risks.
Insurance obligation
Responsibility of the professional
The diagnoser is bound by an obligation toimpartiality andindependence. He must not have any link that could call into question this obligation with his client or with a company that can carry out work recommended in a diagnosis.
The diagnoser may not grant, directly or indirectly, any advantage or reward, in any form whatsoever, to real estate intermediaries.
Agents of the Directorate-General for Competition, Consumer Affairs and Fraud Prevention (DGCCRF) are empowered to investigate and ascertain whether diagnosers have failed to fulfill their professional obligations.
Impartiality and independence of the diagnoser
The certification is valid for a duration of 7 years.
An application for renewal must be made no later than 6 months before the due date certification.
A file must be submitted to the certification body.
The certifying body shall verify that the applicant has completed and validated the continuous training and supervision on all diagnostic areas for which he is certified.
FYI
If the renewal decision is not issued before the end of the validity of the certification, an initial application for certification must be initiated.
If they decide to hire, the contractor reaches a stage in the life of their company because they become an employer. This status commits it to a legal framework, with formalities to be respected and obligations to be assumed.
Here are the main steps and actions to anticipate.
- Declaration of employment
Before taking up any post, the employer must declare the employee. This declaration is made by means of the pre-employment declaration (DPAE) and must be made no earlier than 8 days before hiring and no later than the day of taking up the position.
It allows toinform social organizations the arrival of an employee andopen its rights social protection.
Pre-employment declaration (PRE-EMPLOYMENT DECLARATION)
- Establishment of an employment contract and communication on essential information of the employment relationship
In order to formalize the employment relationship, the employer must provide the employee with a employment contract.
This contract can be of indefinite duration (CDI) or fixed term (CDD).
The employer must provide the employee with one or more written documents containing the main information relating to the employment relationship. The deadline for communication varies according to the nature of the information.
To learn more about the nature of the information and the deadlines for communication, consult this pageon the website of the digital labor code.
- Entry of the employee in the single staff register
Each newly hired employee must be registered on the single register of staff.
The maintenance of this register is mandatory from the first employee hired.
This document details thehistory of entries and exits employees in the company.
- Affiliation of the employee to the supplementary pension fund
The employer has the obligation to join its employees to the supplementary pension schemes of theAgirc-Arrco: titleContent.
This affiliation is made by the single and dematerialized transmission of the registered company declaration (DSN) to all the bodies which manage the social protection of employees.
- Ensuring safety and health at work
Within 3 months of taking up his post, any newly recruited employee must benefit from a information and prevention visit organized by the employer and carried out by one of the occupational medicine.
Please note
In some cases, this visit must be carried out before the employee is assigned to his or her workstation. We are talking aboutmedical examination for suitability for employment.
If the employee has already received an information and prevention visit within five years or, within the three years preceding their hiring, for employees who benefit from an adapted individual monitoring of their health status (night workers, young people under 18 years of age, etc.), the organization of a new visit is not necessary if the employee is required to hold an identical job with equivalent exposure risks.
The employer must also ensure a safe working environment and prevent occupational risks.
For this, it must in particular inform and train the employee in safety, and update the single occupational risk assessment document (DUERP).
- Compliance with applicable collective agreement
The employer must apply the collective agreement which includes the principal activity carried out by the company. The title of the collective agreement must appear on the pay slip.
Please note
The Labor Code lays down the general rules applicable to employment relations between employers and employees. Conventions and agreements, negotiated by the social partners, complement this legal framework.
A real estate diagnoser must apply the National Collective Agreement for Engineering Design Offices, Consulting Engineering Firms and Consulting businesses (IDCC 1486)
A simulator allows to search for the collective agreement with the company's name or Siret number :
Finding your collective agreement
Please note
For personalized answers on different topics (wages, working time, leave and rest, etc.) depending on the collective agreement, consult the Digital Labor Code site.
Mandatory Pay Statement Statements
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