The government was authorized by the Law on Simplifying Business Life of December 20, 2014, to adopt, within nine months of the law's publication, by means of an ordinance, provisions aimed at simplifying the information requirements for purchasers stipulated in Articles L.721-2 and L.721-3 of the French Building and Housing Code (CCH), created by the ALUR Law (Art. 15). The ordinance of August 27, 2015, concerning the simplification of the information requirements for purchasers stipulated in Articles L.721-2 and L.721-3 of the French Building and Housing Code, was therefore issued pursuant to this law.
Documents relating to the organization of the building
The documents must now be given to the buyer, rather than attached to the preliminary sales agreement or the final deed, no later than the signing of the preliminary sales agreement.
Furthermore, the requirement to provide meeting minutes has been modified. These must be given to the buyer, except when the selling co-owner was unable to obtain these documents from the building manager.
Regarding the delivery methods, the documents may be provided in any format and by any means, including electronically, subject to the buyer's agreement. The buyer must acknowledge receipt of these documents either in the deed containing the preliminary sales agreement by simply signing it, if it is a final deed, or, if the deed is a private agreement, in a document that they sign and date themselves.
Easing of the information obligation
When the buyer already owns a unit in the condominium, documents relating to the building's organization, the maintenance logbook, the information notice concerning the rights and obligations of co-owners, and the conclusions of the comprehensive technical assessment are not required.
Similarly, minutes of general meetings, the maintenance logbook, the information notice concerning the rights and obligations of co-owners, and the conclusions of the comprehensive technical assessment are not required in the case of the sale of an ancillary unit.
Starting point of the withdrawal period
When documents relating to the building's organization and financial information are not provided to the buyer by the date of signing the preliminary sales agreement, the withdrawal period stipulated in Article L. 271-1 of the French Construction and Housing Code (CCH) only begins the day after these documents and information are provided to the buyer.
Furthermore, when documents relating to the building's organization and the overall status of unpaid charges and debts are not attached to the draft notarial deed, the reflection period only begins the day after these documents and information are provided to the buyer.
