Electrical diagnosis is mandatory for the rental – The LMA welcomes the new regulation…

On the 1st of July next between in force the obligation* to the owners, donors provide a diagnosis of the electrical installation of the housing to any new tenant. This evolution of the regulation of complement on the electrical diagnosis is mandatory for housing sales since 2009. Also, to comply with the new regulations and to prevent any risk, donors will need to check their electrical installation and to carry out works of compliance if necessary. The General Confederation of Housing, which follows this topic closely for over 15 years, participating in various working groups, welcomes this development regulatory but remember that this is only a step to reach the safety of the total housing stock in French.

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These are alarming figures, which require special awareness

According to the data of the National Observatory of Electrical Safety published in 2016, in France and 35 million units, 2/3 of the housing in which the installation is over 15 years old present points of insecurity, that is to say, do not meet at least 1 of the 6 points of regulatory certainty**. On this basis, we consider that 19 million electrical installations are at risk.

In addition, a fire house on four, 50, 000 every year, is of electrical source. It is estimated that this represents a cost of one billion euros for the community. Among these fires, 61% are related to electrical equipment (heaters, washing machines, microwave, lamps, etc), 36% to fixed installations or mobile (outlets, power strips, etc) and 3% to the facilities of the common parts.

The electrical damage are too numerous, in excess of 400 000 each year. They are mainly due to lightning, overvoltage, overcurrent, overheating, component failure or an electrical failure.

These fires in homes, and electrical accidents are of many victims. Approximately 300 people die each year on the fire scene and 15 600 are injured. In addition, every year, 3000 people are victims of electrification and 40 die from a shock.

However, these figures drop drastically for the past several decades, thanks in particular to the regulations. For example, the number of electrocutions has been divided by 5 in the last 40 years, rising from 200 to 40. There remains, however, that a simple security of the facilities could avoid these fatal accidents.

A device encouraging, but not sufficient

The measure introduced by the decree n°2016-1105 of August 11, 2016 will be implemented in two stages :

the diagnosis must be submitted with the rental agreement, at the time of the signing or renewal of a lease of residential, as of July 1, 2017 for housing located in a building of which the building permit has been issued prior to January 1, 1975. For other units, this diagnostic will be systematic, effective January 1, 2018.

This electrical diagnosis focuses on the assessment of risks in the private areas of the dwelling (kitchen, living room, bedrooms, bathroom, etc) and its outbuildings (garage, terrace, swimming pool, etc).

Its objective is to inform the tenant of the condition of the electrical installation in the property that he rents out. The diagnosis must be made by a diagnosis expert certified, having subscribed a professional civil liability insurance, and has a validity of 6 years.

However, if an electrical diagnosis has already been made in the framework of the sale of the home, it is valid if it is less than 6 years. Finally, when the interior installation of electricity has been the subject of a statement of compliance or safety covered by Consuel (the association in charge in France the visa is obligatory certificates of conformity of the electrical installations) and established for less than 6 years, this certification takes the place of a state of the interior installation of electricity.

The General Confederation of Housing expresses its regret not to see the common areas of multi-residential housing and housing-households affected by this device.

Stéphane Pavlovic, director of the LMA, said ” it has been over 15 years since our association struggle to evolve the regulations and promotes the integration of the electrical diagnosis is mandatory for the rental, in particular through the creation of a Reflection Group on Electrical Safety – the GRESEL.

However, the establishment of the diagnosis is a half-victory because, on the one hand, this encourages the owners to carry out the work for the facilities that are defective or outdated but, on the other hand, this is only for new homes. In fact, no obligation only applies to existing dwellings. We are now in the middle of the watch and must accelerate our efforts for the implementation of electrical safety on all of the stock of dwellings in France. This stage of awareness must be followed by concrete actions ! “.

* Decree n°2016-1105 of August 11, 2016, concerning the state of the interior installation of electricity in the rented accommodation.

**The six points of safety set out the minimum safety requirements of the interior installation of electricity existing.

1/ the Presence of a device general control and protection that is easily accessible.
2/ the Presence, at the origin of the electrical installation, at least one device differential sensitivity appropriate to the circumstances of the ground.
3/ the Presence, on each circuit, of a device for overcurrent protection, suitable for conductor cross-section.
4/ the Presence of equipotential bonding and an electrical installation tailored to the special conditions of premises containing a shower or a bathtub.
5/ Absence of electrical equipment in a dilapidated, unsuitable for use or risk of direct contact with items under tension.
6/ Lack of drivers that are not protected mechanically.

About
Created at the initiative of Abbé Pierre following the call of 1954, the General Confederation of Housing (CGL), is an independent association approved, for the defence of consumers, and specialized in the field of housing. A major player in the real estate market, the CGL comes on many aspects and is directed to all users of housing : renters, first-time home buyers, co-owners, persons in difficulty. The President of the LMA, Michel Fréchet and the many lawyers who comprise it, regularly intervene on various issues related to housing. For more information, see : http://www.lacgl.fr/

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