Real estate diagnostic: conditions of access and exercise
Verified 29 August 2024 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Housing, Ministry of Health, Ministry of Ecological Transition and Territorial Cohesion
- Regulated Real Estate Profession
- Business activity
- EPA Code : 7120B
- Social contributions : Urssaf
- Retirement : Social security for the self-employed
- Health insurance : CPAM: titleContent
Definition
In the case of the sale or rental of all or part of a built property, the seller must have a technical diagnostic file. This file includes the following documents:
- Finding of lead exposure risk
- Report mentioning the presence or absence of asbestos-containing materials or products
- Status of the termite presence in the building
- Status of theinternal gas installation
- Status of theindoor electricity installation
- Energy Performance Diagnosis and, where appropriate, energy audit
These documents shall be drawn up by a real estate diagnoser.
The real estate diagnoser is a person with guarantees of competence and professionalism. This requirement for professionalism requires him to have appropriate organization and resources.
The duties of the Diagnostics, their responsibilities and their obligations are regulated.
Access
The skills of the real estate diagnoser need to be assessed certification. This certification is issued by an accredited body to persons with a qualification . The validity of this certification is 7 years.
A diagnoser who practices without certification may be subject to a contravention of 5e class (or a fine of €1,500 and €3,000 in case of recurrence).
To apply for certification to practice the profession of real estate diagnostic, qualification prerequisite are necessary.
These prerequisites differ depending on which diagnoses the diagnoser plans to make.
Termites, electricity, gas
No prerequisites are required for the application for certification of a diagnoser in the fields of termites, electricity and gas.
Asbestos, lead
To request certification with mention operator of technical diagnostics in the fields of asbestos and lead one of the following qualifications must be proved:
- or a 3-year professional experience a technician or a building control officer or in duties of an equivalent professional level in the field of building techniques
- or a diploma certifying full-time or equivalent part-time training in building technology at post-secondary level of at least 2 years (Bac+2 level, e.g. BTS, DUT, pro-rating)
- or any evidence of the possession of equivalent knowledge in relation to building techniques
A request for certification without mention no prerequisites are required in these areas.
FYI
You have to master the French language.
Energy Performance (EPS)
Applicants for certification as energy performance diagnosers must demonstrate one of the following qualifications:
- or a 3-year professional experience a technician or a building control officer or in duties of an equivalent professional level in the field of building techniques
- or a diploma certifying completion of higher education training of at least two years' duration in the field of building techniques
- or a professional certification level 5 or higher in the field of real estate diagnosis or energy performance of the building (equivalent to a baccalaureate level 2: DEUG, BTS, DUT or DEUST) AND one professional experience of at least 3 years.
To practice the profession of real estate diagnostic, you must apply for a 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 domain. By exception this cumulation is possible, for a period of less than 2 months, in the context 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 perform:
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 in paints and checks after work in the presence of lead.
- Certification without mention : it makes it possible to make findings of risk of exposure to lead
The applicant for certification without mention must justify that he has successfully followed a 3-day initial trainingadapted 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 knowledge examination and a practical examination organized by a certifying body which is itself accredited to the certifying body of the training organizations:
- Theoretical examination is divided into two modules: one for certification without mention, the other for extension of scope to certification with mention.
- Practical examination : this is a diagnostic situation.
The certification decision shall be notified to the applicant within a maximum 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 public buildings.
- Certification without mention : it makes it possible to study the presence of asbestos in private dwellings.
The applicant for certification without mention must justify that he has successfully followed a 3-day initial trainingadapted 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 knowledge examination and a practical examination organized by a certifying body which is itself accredited to the certifying body of the training organizations:
- Theoretical examination is divided into two modules: one for certification without mention, the other for extension of scope to certification with mention.
- Practical examination : this is a diagnostic situation.
The certification decision shall be notified to the applicant within a maximum of 2 months after its assessment.
Termite, electricity, gas
The certification in the fields of termites, gas, electricity does not specify any mention.
You have to justify a 3-day initial trainingadapted to the nature of the certificate requested from a training organization.
The certification consists of a theoretical knowledge examination and a practical examination organized by a certifying body which is itself accredited to the certifying body of the accredited training bodies:
- Theoretical examination
- Practical examination : this is a diagnostic situation.
The certification decision shall be notified to the applicant within a maximum of 2 months after its assessment.
Energy Performance Diagnostic (EDP)
To perform energy performance diagnostics (EDP), you must first obtain a certification. There are 2 types of certification:
- Certification without mention allows for diagnostics in individual dwelling buildings. This is obtained after 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 real estate collective housing buildings or buildings for professional use. For candidates for certification with credit, the training is supplemented by a module of a duration of 21 hours (7 theoretical hours and 14 practical hours) at least.
The examination consists of two parts: a theoretical test and a practical test
Theoretical examination
The theoretical examination consists of the following 2 modules:
- one for certification without mention. It is composed of 75 questions. Over 75% of the questions must be answered correctly in order to validate the exam.
- the other one for perimeter extension to certification with mention. It is composed of 35 questions. Over 75% of the questions must be answered correctly in order to validate the exam.
Practical examination
Until 31 December 2025, the practical examination shall consist of situational awareness on the basis of an information package enabling a diagnosis to be made.
As of 1er january 2026, the practical examination will consist of a real-life implementation of an entire diagnosis of a real building.
In the case of perimeter extension to certification with mentionHowever, this application relates to a diagnosis of a collective dwelling.
European national
The national of a Member State of the European Union (EU) or the European Economic Area (EEA) has the possibility of settling in France for an exercise permanent (this is called a 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 State of origin to carry out the activity of real estate diagnosis or energy performance may establish itself in France.
He has to send a application for recognition of his professional qualifications to an accredited body.
The application must be in French.
- If the activity of a 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 the diagnoser is not regulated in the State of origin: 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.
The body shall verify the equivalence of the professional qualifications on the basis of the information provided and issue a certification certificate.
One compensatory measure may be required where there is 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 shall consist of an adaptation period of a maximum of three years or an aptitude test within a maximum period of six months of the initial decision imposing the compensation measure.
Temporary exercise (LPS)
An EU or EEA national legally established in one of those States may carry out the activity of a real estate diagnostic agent in France on a temporary and occasional basis.
The procedures for recognizing his qualifications are different for energy performance diagnosis (EPD) and other real estate diagnostics (asbestos, termites, lead, electricity and gas).
Energy (DPE)
A European national qualified in his Member State of origin for the activity of a diagnoser can exercise punctually in France provided that it is legally established in a Member State of theEU or theEEE.
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 10 years preceding the application for recognition.
Before any specific service in France, the European national must send a certification body a advance declaration in frenchincluding the following:
- Certificate certifying that the holder is legally established in a Member State for the purpose of pursuing the activity in question there
- Proof of professional qualifications
- Statement concerning his knowledge of French.
In a one-month period from the receipt of the declaration:
- Either the organization issues a attestation of equivalence of certification after verification of the equivalence of the professional qualifications in the light of the information provided.
- Or, the certification 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 first year of diagnosis is subject to a inspection of works. This inspection shall consist of an on-site inspection in a real-life situation as part of a diagnostic mission. The certification body makes a random choice as to the actual mission of the controlled diagnoser
Other real estate diagnostics
A European national qualified in his home Member State for the activity of a diagnoser can exercise punctually in France provided that it is legally established in a Member State of theEU or theEEE.
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 10 years preceding the application for recognition.
Before any specific service in France, the European national must send a certification body a advance declaration in frenchincluding the following:
- Certificate certifying that the holder is legally established in a Member State for the purpose of pursuing the activity in question there
- Proof of professional qualifications
- Statement concerning his knowledge of French.
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 accordance with the conditions laid down in France, the body shall issue a certification certificate.
FYI
The first year of diagnosis is subject to a inspection of works. This inspection shall consist of an on-site inspection in a real-life situation as part of a diagnostic mission. The certification body makes a random choice as to the actual mission of the controlled diagnoser
Exercise
The diagnoser may carry out his activity in one of the following legal forms:
- Individual business in the following order: the diagnoser is then an individual operator.
- Business: the diagnoser may choose to create an exercise business alone or partner with others. Creating an exercise business optimizes the tax burden by providing different options for allocating revenue among partners. Options can reduce income tax (IR) or business tax (SI) and payroll taxes.
If they wish to practice business, the diagnoser can choose one of the following business types:- SARL or EURL
- SAS or SASU
Please note
The real estate diagnoser can also work as an employee.
Whether as an individual entrepreneur (EI) or as a business manager, registration must be done online on the company Formalities Window website:
This declaration is used to inform all the bodies concerned by the launch of the activity (INSEE, social organizations, Urssaf, public finance center, etc.).
Insee shall assign a Siret number. This is a unique national identification number that identifies the establishment. It is composed of Siren (first 9 digits) which identifies the company and the Nic (last 5 digits) which is modified in particular when the address of the establishment is changed.
When registering the company, the Insee also attributes to the doctor his EPA code. For the diagnostic activity, the APE code is 7120B.
Once the certification has been obtained by the diagnoser, the certification body shall certificate monitoring.
This surveillance shall take the following forms:
- Documentary surveillance operations
- One or more on-the-job checks which consist of an on-site check in a real-life situation as part of a new diagnostic mission. This inspection on the work is valid for 7 years.
The progress of these operations varies according to the areas for which the certificates are issued:
Energy Certificate (EPC)
During the certification cycle, the certification body shall carry out documentary and work checks.
Document Control
The certification body shall three documentary checks during the 2nde, on 4e and 6e year of the certification cycle.
This documentary check shall a sample of at least five diagnostic reports drawn up by the certified person. The certifying body shall select these reports from all those established over the last 12 months by selecting at least one report for each type of engagement.
This control also allows you to certify that the real estate diagnostic actually carries out the activity for which he has been certified.
Work control
The certification body shall carry out a inspection of work under diagnosis during the 1re year of the certification cycle. It is triggered from the performance of 20 diagnostic missions if necessary.
The certification body shall verify on-site and in real-life conditions the ability of the diagnoser to perform a diagnosis. Verifies compliance of diagnostic completion and within one week of on-site visit, verifies compliance of diagnostic report.
The certification body shall also two checks on the work after the diagnosis has been made during the 3e and number 5e year of the certification cycle. He shall thus summon the certified person 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 certification cycle year and a second operation between the start of the 2e year and end of 6e year
- On-site work control.
Document Monitoring
The objectives of document monitoring are to:
- verify that the certified person is kept up to date with technical, legislative and regulatory developments in the field concerned
- verify that the certified person actually carries out the activity for which he has been certified. It must provide at least five reports over the last 12 months or, in the case of the initial documentary surveillance operation, four reports since certification
- verify that the certified person is duly insured
- verify compliance with regulations or good professional practice 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 and, where appropriate, the follow-up given to the results of previous monitoring.
Please note
As of 1er January 2025, in the field of asbestos, monitoring will make it possible to monitor compliance with legal and regulatory obligations and, in particular, the obligations to transmit reports in the SI-asbestos computer application.
The results of each of the monitoring operations shall be the subject of a written return to the certified person indicating the discrepancies between the competences observed and the competences expected.
The decision to maintain, suspend, reduce or withdraw the certificate(s) shall be notified within a maximum of two months of the last selection of the report by the certification body.
Work control
This check shall be carried out by the certification body during the certification cycle, before the application for renewal. To this end, the diagnoser transmits to the certifying body a schedule of his interventions planned over the period during which it is envisaged to carry out the inspection on site. In addition, he shall specify in his diagnostic contracts that he must be able to be accompanied by an examiner representing the certifying body so that the latter cannot be refused access to the site of the on-site inspection.
On-site work testing shall cover all diagnostic areas for which the diagnoser is certified. If it is not possible to carry it out at one time, the body must carry out a number of on-the-job checks enabling all the areas of certification of the diagnoser to be monitored.
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 endorsement, the certification bodies shall carry out a work-based inspection within the scope of the certification with endorsement.
This inspection on the work is valid for 7 years.
Where a work inspection reveals non-conformities, the certification body shall initiate a new inspection. If this second check reveals non-conformities then the certification body shall suspend or withdraw the certificate(s).
The decision to maintain, suspend, reduce or withdraw the certificate or certificates shall be notified within two months of the completion of the on-site inspection.
During the certification period, the diagnosers must provide proof that they have received continuing training corresponding to their field from a Certified Training Organization.
Continuing training differs depending on the qualifications obtained.
Who shall I contact
Energy Performance Diagnostic (EDP)
In-service 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 scenario setting enabling a diagnosis to be made. It is carried out in person or remotely.
This training provides a reminder of legislative, regulatory or normative developments as well as technical developments and good practices of the profession.
This continuous training lasts 7 hours a year during the second, the thirde, on 4e and 6e year of the cycle for certification without mention.
For the certification with mention, the duration is 7 extra hours per year during the 2e and number 5e year of the cycle.
Continuing training in a professional environment-tutoring
Within one year of initial certification, the diagnoser must carry out two real and complete energy performance diagnostic missions accompanied on site by a mentor.
This on-the-job training is supervised by a certified training organization.
The tutor must have 5 years' experience in the field of energy diagnosis.
At the end of the training, the tutor draws up a report on the tasks carried out by the diagnoser and the certified training body issues the certificate of completion of training in a professional environment to the diagnoser.
Other real estate diagnostics (asbestos, lead, termites, electricity, gas)
The aim of continuing training is to keep the diagnoser's knowledge and skills up to date.
This training must be completed before the end of 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.
The diagnoser or business should to take out insurance to cover its liability for its actions.
It can be blamed, for example, for a misdiagnosis, a lack of diagnosis (e.g. forgetting a mandatory diagnosis), or a misinterpretation of the results of the diagnosis.
The amount of the security may not be less than €300,000 per claim and €500,000 per year.
The diagnosers shall be obliged toimpartiality andindependence. He must not have any link that could call into question this obligation with his client or with a company capable of carrying out work recommended in a diagnosis.
The diagnoser may not directly or indirectly grant any benefit or reward, in any form whatsoever, to real estate intermediaries.
Officials of the Directorate-General for Competition, Consumer Affairs and Fraud Prevention (DGCCRF) are empowered to investigate and ascertain the shortcomings of the diagnosers with regard to their professional obligations.
The certification is valid for a period of 7 years.
An application for renewal must be submitted no later than 6 months before the certification deadline.
A file must be submitted to the certification body.
The certification body shall verify that the applicant has completed and validated the continuous training and surveillance across all diagnostic domains for which he is certified.
FYI
If the decision to renew is not taken before the end of the validity of the certification, an initial application for certification must be initiated.