Termite Regulations: Requirements and Prefectural Orders

Termite Regulations: Requirements and Prefectural Orders

Termite regulations in France are based on several laws and regulations designed to organize prevention, public education, and efforts to combat their spread. These regulations apply in particular to property owners, sellers, inspection professionals, and local governments.

Law No. 99-471 of June 8, 1999, is the founding legislation for this system. However, the rules currently in effect are not limited to this “termite law”: they are primarily codified in the Building and Housing Code and supplemented, depending on the region, by prefectural decrees.

To learn more about the various provisions of this regulation, see our articles on theprefectural termite ordinance, the termite inspection , and high-risk areas.

The Basic Principles of Termite Regulations

• French regulations are primarily intended to prevent the spread of termites and to protect homebuyers.

• It is based primarily on the Building and Housing Code and on prefectural decrees.

• Some requirements depend on zoning regulations—particularly during a sale or for new construction—while others apply as soon as termites are detected.

• A termite inspection is required only in areas designated by prefectural order when a property is sold.

• Property owners, sellers, buyers, and local governments all have a role to play in risk prevention.

Termite Regulations: Key Points to Know

QuestionAnswer
Is there a single law?No. There are several laws governing prevention and transactions.
Who decides which areas are affected?The prefect, by means of prefectural decrees.
Is a diagnosis required everywhere?No. In the case of a sale, this is required for buildings located in areas designated by prefectural order.
Who is responsible for informing the buyer?The seller, in accordance with the terms set forth in the regulations.
The main goal?Educate, prevent, and limit the spread of termites.

The Termite Act of June 8, 1999: What Is the Current Legal Framework?

Law No. 99-471 of June 8, 1999, laid the groundwork for the organization of termite prevention and control in France. Some of the provisions resulting from that law were subsequently amended or recodified. Today, the main applicable rules are set forth in the Building and Housing Code.

In particular, this framework governs the reporting of termite infestations, prefectural zoning, certain obligations during a sale, the mayor’s powers, and measures applicable to new construction or certain contaminated materials.

This framework is based on three key principles:

  • identifying areas at risk of termite infestation,
  • providing information to homeowners and homebuyers,
  • empowering the relevant stakeholders.

Why do regulations vary from one municipality to another?

Not all requirements are determined by the municipality. However, certain rules are directly linked to prefectural zoning regulations: this is particularly the case for termite inspections when selling an existing building and for certain requirements concerning new construction. The scope of these requirements may therefore vary from one jurisdiction to another.

To understand how these areas are defined, see our feature on termite-prone areas.

Prefectural Ordinances on Termites: Role and Scope

Prefectural ordinances form the local foundation of termite regulations.

When one or more termite infestations are identified, the prefectural order delineates the areas that are infested or likely to become infested in the near future. It thus serves as the primary local mechanism for termite regulation.

When an order is issued:

  • In particular, it specifies the sectors in which a termite inspection is required when a building is sold
  • It sets forth certain rules applicable to new buildings
  • It allows for the precise identification of the relevant regulatory scope

To learn exactly how it works, see our article on theprefectural termite ordinance.

Termite Inspection: When Is It Required?

When selling all or part of a building located in an area designated by prefectural order, a report on the presence of termites—commonly referred to as a termite inspection—must be provided.

In that case:

  • It must be completed before the sale,
  • it is included in the Technical Diagnostic Report (DDT),
  • It is valid for a maximum of six months.

To learn about all the situations involved, see our article on the mandatory termite inspection.

Outside this territorial framework, a termite inspection report is not required for a sale under this zoning classification. However, if there are signs of termites or a suspicion of an infestation, a technical assessment of the situation may still be advisable.

Good to know

The fact that there is no requirement to conduct an inspection at the time of sale does not guarantee that the building is free of termites.

What are the seller’s obligations regarding termites?

The seller of a property located in a regulated zone has a duty to disclose certain information to the buyer.

Specifically, he must:

  • have a termite inspection conducted when the property being sold is located in an area where such an inspection is required
  • include this assessment in the technical assessment file
  • make sure it is still valid at the time it is to be submitted

The presence of termites does not prevent the sale, but the buyer must be made aware of it before purchasing.

Who is subject to these regulations?

GlobalPrimary Role or Responsibility
SalespersonInform the buyer and provide the required inspections.
BuyerReview the information and inspection reports provided prior to the sale.
DiagnosticianPrepare a report in accordance with regulations.
PrefectIssue an order to delineate areas that are contaminated or likely to become contaminated in the near future.
City HallReceive the termite inspection reports required by regulation.

What steps should a buyer take?

The buyer can review the inspection report provided with the DDT, verify the property’s regulatory status, and incorporate the available information into their purchase plan. If termites are mentioned, the buyer can then assess the situation before committing to the purchase.

Registration at City Hall: When Is It Required?

As soon as an occupant becomes aware of the presence of termites in a building—whether constructed or not—the occupant must report it to city hall. If there is no occupant, this obligation falls on the owner; for the common areas of a condominium, it falls on the condominium association. This obligation applies regardless of whether the municipality has been previously classified as a termite-infested area by prefectural order.

The declaration must be submitted to the mayor within one month of the findings.

New Construction and Demolition: What Are the Rules for Termite Control?

In areas designated by prefectural order, new buildings must be protected against termite damage by means of a barrier between the ground and the building or by a construction method that allows for monitoring of its condition.

In the event of the total or partial demolition of a building located in an affected area, contaminated wood and materials must be incinerated on site or treated before being transported if incineration is not possible. These operations must then be reported to city hall.

In addition, in areas designated by the city council, the mayor may require property owners to conduct a termite inspection and carry out any necessary preventive or eradication measures.

Things to remember

  • There is no single law, but rather a structured set of termite regulations
  • Prefectural decrees play a central role
  • A termite inspection is required only in designated areas
  • The regulations are primarily aimed at providing information and promoting prevention
  • Requirements vary depending on the jurisdiction and the property’s location

In summary

Termite regulations consist of a set of provisions designed to protect buildings, inform buyers, and limit the spread of infestations. They do not apply uniformly throughout the country: the requirements depend, in particular, on the prefectural decrees in effect and the location of the property.

Understanding this structure allows both homeowners and homebuyers to plan their next steps and better understand their obligations.

To put these obligations into a broader context of risk, see our comprehensive guide to termites.

Questions That May Arise Regarding Termite Regulations

Is a termite inspection required everywhere in France?

No. It depends entirely on whether there is a prefectural ordinance regarding termites.

Can you sell a property that has termites?

Yes. The law requires that the buyer be informed, not that the property be free of termites.

Who is liable for termite damage after the sale?

Liability depends on compliance with disclosure obligations and on the facts known at the time of the transaction.

Do regulations require termite treatment?

Not automatically simply because a property is located in an area designated by a prefectural order. However, in areas designated by the city council, the mayor may require property owners to conduct a termite inspection and carry out preventive or eradication measures.

Can a municipality be subject to termite regulations?

Yes. When termite infestations are identified in one or more municipalities, the prefect may issue an order delineating the areas that are infested or likely to become infested in the near future. The applicable zoning may therefore change.

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