The government was empowered by the law of December 20, 2014 to simplify business life, to take, within nine months following the publication of the law, by means of an ordinance, measures with the aim of simplifying the procedures for informing buyers provided for in articles L.721-2 and L.721-3 of the Construction and Housing Code (CCH) created by the Alur law (Art. 15). The ordinance of August 27, 2015 721-2 and L. 721-3 of the Construction and Housing Code was therefore taken on the basis of this law.
Documents relating to the organization of the building
The documents must now be given to the purchaser and no longer attached to the promise of sale or the authentic deed, at the latest when signing the promise of sale.
In addition, the obligation to submit the minutes has been modified.
These must be given to the purchaser, except when the selling co-owner was unable to obtain these documents from the trustee. Concerning the methods of delivery of the documents, these can be delivered on any medium and by any means including by dematerialized way subject to the agreement of the purchaser. The purchaser must attest to this delivery either in the deed containing the promise of sale by his simple signature when it is an authentic deed or, when the deed is drawn up under private signature, in a document that he signs and dates from his hand.
Easing of the information obligation
When the purchaser is already the owner of a lot in the co-ownership, the documents relating to the organization of the building, the maintenance log, the information notice relating to the rights and obligations of the co-owners and the conclusions of the overall technical diagnosis are not required.
Similarly, the minutes of the general meeting, the maintenance book, the information notice relating to the rights and obligations of the co-owners and the conclusions of the overall technical diagnosis are not required in the event of the transfer of an annex lot.
Starting point of the withdrawal period
When the documents relating to the organization of the building and those relating to the financial information are not given to the purchaser at the latest on the date of the signature of the promise of sale, the withdrawal period provided for in Article L. 271-1 of the CCH only runs from the day following the communication of these documents and information to the purchaser.
Finally, when the documents relating to the organization of the building and the overall statement of unpaid charges and debts are not attached to the draft notarial deed, the reflection period only runs from the day after the communication of these documents and information to the purchaser.
