Selling real estate: the lead survey

The ERAP has become the C.R.E.P
Since 27th April 2006, the report on the risk of access to lead (ERAP) is replaced by a report on the risk of exposure to lead poisoning (CREP). Date of the 4 orders: 25th April 2006 - Enactment nos. 52, 53, 54, and 55 in the O.J. – References of the decree: no. 2006-474 of 25th April 2006 - Enactment no. 40 in the O.J.
These enactments are effective as of 27th April 2006, like all enactments that appear in the O.J., with no specific provisions. An order of 20th March also appears in the O.J., which names the bodies certified to conduct radiation protection controls.
Across all of France, the owner is required to have the Report established before the sale (article L1334-6 of the Public Health Code).

In compliance with legislation, a CREP, established less than a year earlier than the date of sale, must be produced for all residential buildings built before 1st January 1949 unless a previous CREP revealed the absence of lead (article R271-5 of the Construction and Housing Code).

• When the building is being sold
• For the common areas of an apartment building, residential in whole or in part, where scheduled work is liable to cause the substantial alteration of surface coatings
• Before 11th August 2008, for these same common areas, with no work conditions
• As of 11th August 2008, the CREP must be appended to any new rental agreements for all or part of the residential building (article L1334-7 of the Public Health Code). It must be less than 6 years old when the lease is signed, unless a previous CREP revealed the absence of lead (article R1334-11 of the Public Health Code)

The CREP protocol particularly provides that the measurements of lead concentrations must be done using a portable X-ray fluorescence device capable of at least analysing the K-X-ray of the fluorescence spectrum transmitted in response by the lead.
In addition, the CREP is extended to track any degradation of the building in order to treat potentially unsound situations.
The purpose of the CREP is to prevent and/or treat any associated causes of potentially unhealthy situations.
If such factors are evident, it will be up to the Certifier to transmit a copy of the CREP to the Prefecture of the department where the CREP has occurred.
However, the moment deteriorated paints containing lead are present, the owner will be required to perform the work required to eliminate the risk of exposure to lead-poisoning.
During work "liable to cause a substantial alteration of coatings" (criteria defined by the order of 25/04/2006), or, at the latest before 11/08/2008 a CREP must be conducted for the common living areas (article L1334-8 of the Public Health Code).