Risks and pollution statement (ERP)
The état des risques et pollutions (ERP) is a mandatory disclosure document that the seller must attach to any preliminary agreement or final sale deed. It informs the buyer of all known natural, mining, technological, seismic, and radon hazards affecting the property, as well as any identified soil pollution, based on zones defined by prefectural orders.
Key points
- The ERP must be dated less than six months before the date of the preliminary agreement or final deed.
- The seller completes the form using publicly available data at errial.georisques.gouv.fr.
- If the seller knowingly omits or misrepresents information, the buyer may seek rescission of the sale or a price reduction.
- Since 2023, the document includes a section on coastal erosion retreat for shoreline properties.
- The ERP does not replace a professional diagnostic survey; it covers risks known to public authorities, not hidden structural defects.
Frequently asked questions
What happens if the ERP is missing or out of date at signing?
A missing or expired ERP is a formal defect that the buyer can invoke to seek nullification of the sale or a price reduction. The notary will generally refuse to proceed without a valid ERP. In practice, the seller must regenerate the document if more than six months have passed since the preliminary agreement was signed.
Why can a risk zone on the ERP complicate mortgage financing?
Some banks refuse or cap financing for properties located in high-risk flood zones (red PPRi zones) or coastal submersion zones, reasoning that the property's future value is uncertain. Home insurance may also be declined or heavily surcharged, creating a practical barrier to completing the purchase.
How does the ERP differ from a termite or asbestos diagnostic?
The ERP is based on public zoning data issued by prefectural authorities and is completed by the seller without any certified professional intervening. Termite, asbestos, lead, or electrical diagnostics, by contrast, require an on-site technical investigation by a certified diagnostician. Both are mandatory but cover fundamentally different categories of risk.
In practice
A broker handles the financing of a riverside house. The ERP shows that the property lies in a high-risk flood zone (red PPRi). The approached bank refuses its standard mortgage collateral and demands an enhanced bank surety. The broker directs the client to a lender that specializes in risk-zone properties, which accepts with an adjusted insurance premium.
Official sources
- Property diagnosis: statement of risks · Service-Public.gouv.fr
- Information for buyers and tenants (IAL) · Géorisques
- Sale agreement and loan condition precedent · Service-Public.gouv.fr