Implemented on March 24th 2014, the law “Accès au Logement et à l’Urbanisme Rénové (Alur)” changes how co-ownerships work. Its aim is to facilitate the management and decision-taking of co-owners, by acting on different levels:
• More precautions in the insurance and treasury fields;
• More transparency from the co-ownership syndics;
• More facility to initiate works.
The 24-03-2014 Alur law creates a new diagnosis of the co-ownership assembly to allow co-owners to know the general situation of the building, and figure out the works. The Global technical diagnosis (DTG) details the state of the building with an estimation covering the ten upcoming years and the possible works required to preserve and maintain it.
The Global technical diagnosis (DTG) must be done since January 1st 2017:
• in any co-owned building that dates back to more than 10 years ago and, when the general assembly allows it,
• in any co-owned building partially or totally intended for habitation.
Moreover, since 2017, the co-owners syndicate of any building must organize a vote to debate performing the DTG.
The decision to perform it, along with its ways and means, must be taken through a simple majority vote.
When it exists, the DTG is transmitted to the new owners and the list of the advised works must be mentioned in the maintenance book.
If the DTG displays an absence of necessary works over the upcoming ten years, the syndicate does not have the obligation to raise works funds during the diagnosis’ validity duration.
The Technical global diagnosis (DTG) is performed by a third party who is adequately qualified according to the December 28th 2016 decree.
The professional who performs the DTG can be a natural person, a legal person or a group with a legal personality.
This third party must prove that employees, group members or the third party themselves (be it a natural person) have the required competencies about:
• The traditional an contemporary construction modes, for the structural works as well as for the finishing works;
• The buildings, the construction products, the construction materials, the technical equipment;
• The pathologies of the building and its equipment;
• The buildings’ heating and the possibilities of energetic improvement and thermal rehabilitation, along with their potential impacts (acoustics, especially);
• The building’s technical and legal terminology, in its acceptation by all the trade bodies, and in relationship with all the aforementioned fields of knowledge;
• The legal and regulatory texts about habitation and construction, especially the security and accessibility norms, the regional sanitary regulations, as well as the legal notions of the co-ownership and the legal or contractual relations between the co-owners syndicate and the maintenance provider of the communal equipment;
• The co-ownerships’ financial management, which allows to analyze the maintenance contracts and to estimate the investment capacity of the syndicate and the co-owners;
• The necessary equipment for the optimal proceedings of the mission.
The professional must present:
• Their competencies certificate;
• A copy of their diplomas;
• A Certificate of Professional Liability Insurance;
• A declaration on their honour of their impartiality and their independence towards the syndicate, the energy provides and the companies intervening on the building and the equipment evaluated by the DTG.
A formed architect, experienced in renovating collective habitations an treating thermal pathologies, has all the competencies to assure a Technical global diagnosis (DTG) mission.
The Technical global diagnosis consists in:
– 1° An analysis of the apparent state of the communal parts and equipment of the building;
– 2° An assessment of the co-owners’ syndicate situation, regarding the legal and regulatory obligations under construction and habitation;
– 3° An analysis of the possible improvements of the technical and patrimonial management of the building;
– 4° A diagnosis of the building’s energetic performance as planned in the L. 134-3 or L. 134-4-1 articles of the present code. The energy audit planned in this L. 134-4-1 article satisfies this obligation.
– 5° A basic evaluation of the expenses and a list of the necessary works to preserve the building, specifying which ones should be conducted during the upcoming ten years.
The contents of the DTG is presented to the co-owners general assembly in order to elaborate a works plan over several years, and its realization modes (CCH : L731-2). The works deemed necessary by the general assembly deliberation (mentioned in the I section of article L. 731-2) are integrated in the maintenance book of the co-ownership.
To establish a price quotation as soon as possible, contact CRISTAL A.B. or their energy audit specialized collaborator AD Environnement.