The ERP report, or état des risques et pollutions (statement of risks and pollution), is the document that informs the buyer or tenant of the risks to which a property’s address is exposed. It is part of the French property diagnostics file (dossier de diagnostic technique). This page answers the practical questions: when it is required, who provides it, how long it is valid and what happens if it is missing. For the detailed content of the document, see the complete guide to the statement of risks and pollution.
Key points
- When: for any sale or rental of a property located in a regulated zone (risk prevention plan, seismic zones 2 to 5, category 3 radon potential, soil information sector, coastal erosion, brush-clearing obligations).
- Who: the seller or landlord, who can prepare it themselves, without a certified diagnostics inspector.
- When to hand it over: at the first viewing, then attached to the preliminary sale agreement, the final deed of sale or the lease.
- Validity: it must be less than 6 months old at signing, and updated if it is no longer accurate.
- Penalty: if it is missing, the buyer or tenant can ask the court to cancel the contract or reduce the price (article L125-5 of the French Environment Code).
When is the ERP report required?
The risk statement is required as soon as the property lies in at least one regulated zone. All municipalities in seismic zones 2 to 5 are concerned across their whole territory, as are municipalities with category 3 radon potential. In a municipality in seismic zone 1 without category 3 radon, everything depends on the address: a prevention plan, a soil information sector or a brush-clearing zone is enough to make the ERP mandatory.
The obligation applies to sales and rentals alike, whether the property is a house, a flat, business premises or land.
The steps, from advert to signature
- The advert: since 1 January 2023, every sale or rental advert for a property concerned must say where the risk information can be consulted.
- The first viewing: the risk statement is given to the prospective buyer or tenant.
- The signature: it is attached to the preliminary sale agreement (promesse de vente) or preliminary contract, to the final deed or to the lease.
How long is it valid?
The ERP must have been prepared less than 6 months before signing. If the sale or rental takes time, it has to be redone. It must also be updated if the information is no longer accurate, for example after a new prevention plan has been approved. Our report includes one free renewal, once, within 6 months of its first generation.
Compensated losses
In addition to the risk statement, the seller or landlord must inform the buyer or tenant in writing of any losses that gave rise to compensation under a natural or technological disaster declaration, which occurred while they owned the property or that they were themselves informed of. For a sale, this information appears in the final deed.
What happens if the ERP is missing?
If the risk statement is not provided, is incomplete or out of date, the buyer or tenant can ask the court to cancel the contract or reduce the price. An up-to-date ERP therefore protects the seller or landlord first and foremost.
How much does an ERP report cost?
The seller or landlord can prepare it themselves free of charge, provided they check and complete every section (see ERRIAL and ERP: what are the differences?). On erp-diagnostic.fr, the ERP and the ENSA are delivered together as PDFs for €9.90 €4.00, with a free risk preview before ordering and credit packs for professionals (see prices and current offers).
ERP, ENSA and other reports
The ERP does not replace the other French property diagnostics (energy performance, asbestos, lead, electricity, gas, termites…), which must be carried out by a certified inspector. Aircraft noise is covered by a separate document, the ENSA, required for properties located within a noise exposure plan.