Notairs and the AFNOR norms

[Poolguy]

I had a

somewhat pleasant moment last week where I learned from a colleague that the

Security law is at last being taken a little more seriously by French people.

It happened

that a French couple were buying a house which happened to have a pool and they

were in inquiring about what sort of safety device to buy as the pool in the

house they wanted to buy had none.

We were later

contacted by the Notaire representing the sale on behalf of the buyers who

explained that we need not bother, as he would not issue the contract of sale until

he had sighted the Attestation de Conformity as part of the Expertise required

of the seller.

In other

words, as a representative of the Government and Justice, in France the Notaire

was insisting that the seller install compliant security as is his obligation

at this time before the house can be legally sold.

Thankfully

there are some Notaires in France who see and understand this law and are

acting to ensure its compliance by all pool owners.

For those

of you who are buying I would say that, you are not obliged to buy compliant

security after you have bought a property as at this time the previous owner

may not sell if he has none. If in doubt check with your Notaire (or 2).

 

Andrew

[Bobc]

"I had a somewhat pleasant moment last week where I learned from a

colleague that the Security law is at last being taken a little more

seriously by French people.

It happened that a French couple were buying a house which happened to

have a pool and they were in inquiring about what sort of safety device

to buy as the pool in the house they wanted to buy had none.

We were later contacted by the Notaire representing the sale on behalf

of the buyers who explained that we need not bother, as he would not

issue the contract of sale until he had sighted the Attestation de

Conformity as part of the Expertise required of the seller.

In other words, as a representative of the Government and Justice, in

France the Notaire was insisting that the seller install compliant

security as is his obligation at this time before the house can be

legally sold.

Thankfully there are some Notaires in France who see and understand

this law and are acting to ensure its compliance by all pool owners.

For those of you who are buying I would say that, you are not obliged

to buy compliant security after you have bought a property as at this

time the previous owner may not sell if he has none. If in doubt check

with your Notaire (or 2).

 

Andrew

Poolguy

www.jepcontrol.com"

Possibly misleading information.

Are you saying that it is illegal to sell a property in France with a

pool that does not have compliant security and that a Notaire will not

handle the sale?

In 47 it would be normal to insert a clause into the compromis-de-vente

stating that the purchaser buys the property "as is" and that it is

their responsibility to carry out any safety measures that may be

required.

Certainly not the Notaire’s job to ensure that pools conform.

Puzzled by the link on your postings - this only seems to go to a

commercial site rather than one with your own details, registration/TVA

numbers, etc.

Regards,

Bob Clarke

http://perso.wanadoo.fr/grindoux

[Bobc]

Following my posting yesterday.

My wife, who is a registered Agent Commerciale asked the question regarding this with the two main Notaires that she works with.

Their answer was that a property with a pool without compliant security

can be legally sold, subject to the relevant clause being inserted into

the contract.

They confirmed that there is no directive from the French government to Notaires regarding this.

Obviously anyone buying a property without compliant security would want to install this straight away.

This is in 47 and may be different in your area, but probably not.

Regards,

Bob Clarke

http://perso.wanadoo.fr/grindoux

[Poolguy]

Bob

After some time and some checking, it seems that you are right in at least one

respect.

We checked with the Chamber de Notaires who confirmed that they are not obliged

to sight or insist on an Attestation de Conformate prior to issuing the Contract

de Vente on a property with a pool.

It seems that the subject of this thread was based on a (perhaps rogue) Notaire

who took it upon him self to insist that the vender be compliant before the

sale.

To me the situation is extraordinary, but France has many surprises like this -

where a law is a law except that no one take any notice. However, I suspect for

pool owners that this situation might change after the first prosecution whenever

that might be.

I would still maintain the advice to any potential purchaser to take particular

note if the pool is compliant or not, perhaps you can use it as a negotiating

tool to improve your bargaining power.

It may bear noting that the enthusiastic Notaire in the story practices in The

Lot (46).

Andrew