Commercial Lease: Diagnostics (DDT) and Required Disclosures

When renting non-residential property in France, real estate transactions require strict adherence to the regulatory framework established by the Pinel Law (Loi n° 2014-626 of 18 June 2014). The legislative philosophy is to establish absolute visibility over the charges that could burden the warehouse's activity and overwhelm the balance sheet of the "commercial tenant." The Environmental Code, Commercial Code, and Construction and Housing Code compel the landlord to provide an impressive registry of documents, with disputes falling under the jurisdiction of the Tribunal Judiciaire.

1. The State of Risks (ERP) Every commercial premises must provide an assessment regarding natural, mining, and technological risks, such as flood zones or seismic activity. Per Article L125-5 of the Environmental Code, the final form (État des Risques et Pollutions - ERP) must be less than six (6) months old at the date of the conclusion of the lease contract.

2. The Asbestos Technical Dossier (DTA) Governed by Articles R1334-14 to R1334-29-9 of the Public Health Code, for any building constructed with a permit issued prior to July 1, 1997, the landlord must maintain and provide access to the DTA (Dossier Technique Amiante) to inform the tenant and their workers of any asbestos risks. The landlord must provide this updated document upon the tenant's request.

3. The Environmental Annex (The "Green Lease") Pursuant to Article L125-9 of the Environmental Code, if the lease covers commercial, retail, or office premises that accumulate more than 2,000 square meters, an Environmental Annex is mandatory. This annex mandates an annual exchange of information between the landlord and the occupying tenant to optimize energy consumption, water supply, and waste management.

4. Energy Performance Certificate (DPE) The DPE (Diagnostic de Performance Énergétique) is a mandatory disclosure under Article L126-26 of the Construction and Housing Code for commercial buildings. The landlord must provide a valid DPE at the time the lease is signed, which indicates the energy consumption and greenhouse gas emissions of the premises.

5. Transparency on Finances: The Pinel Law's "Inventory of Charges" Under Article L145-40-2 of the Commercial Code, as introduced by the Pinel Law, landlords must provide a precise and limitative inventory of charges, taxes, and levies:

• A Rigorous Inventory of Charges Specifying Their Distribution: For any lease, a clear summary of how charges, taxes, and levies are distributed between the landlord and the tenant must be provided.
• In default: Any charge not listed in this inventory or its annual summary cannot be legally recovered from the tenant. Back to the Commercial Overview: FrancePreview unavailable.

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