Obligation to display
This measure aims to improve information for buyers and renters of real estate on their environmental and economic impacts. She permits :
- to encourage owners and lessors to carry out energy saving works
- to value the good if it is efficient from an energy point of view
In the absence of display , the common law provisions apply:
- at the civil level , fraud (article 1116 of the civil code) can result from the concealment of a fact which, if it had been known, would have led the purchaser not to contract or to do it at a lower price; the sanction is the nullity of the act or the reduction of the price
- at the penal level , the complaint of publicity likely to mislead can be raised by the fraud services and be subject to sanction: 2 years in prison, 37,500 euros fine.
Beyond these provisions, the penalty will mainly be that of the real estate market: an advertisement presenting incomplete information will not be considered as reliable by the candidates for acquisition or rental.
This measure entered into force on January 1, 2011.
All media are taken into account in the decree with their specificity ( written press, premises of real estate professionals, internet, etc.).
For announcements in the written press, the obligation is limited to mentioning the letter corresponding to the classification of the energy performance of the property on the reference scale. Real estate ads published on the internet or displayed on the premises of real estate professionals enjoy an important place and, as such, must include the energy label with minimum dimensions.