The EPB ? CWhat is it? In connection with the ERP Diagnostic ?
The Plan of'Noise exposure or PEB is new information for property buyers.
The Noise Exposure Plan will thus be added to the list of mandatory diagnoses. The PEB will be more precisely integrated into the ERP (State of Risks and Pollution), from 01/06/2020, when selling a property.
What is theThe objective of the EPB ?
The aim is to control urbanisation in the vicinity of airports on French soil.
This new regulation has therefore been added to the Construction and Housing Code and the Urban Planning Code.
Article L. 112-11 of the Town Planning Code states in this regard that :
" Where buildings aretis for residential use or for mixed professional and residential use and unbuilt buildings located in one of the noise zones defined by a noise exposure plan are rented or sold, a document informing of this situation shall be communicated to the future purchaser or tenant [...] "
But also that this document is :
"1° Integrated into the technical diagnosis file annexed, as the case may be, to the promise of sale or, in the absence of such a promise, to the official deed of sale and to the rental contract, or annexed to these deeds if the sale concerns a non-built property;
2° Attached to the deed of sale and, where applicable, to the preliminary contract in the case of a sale in the future state of completion.
The text also specifies that this document is only indicative and that :
"The purchaser or lessee may not rely on the information contained in this document against the seller or lessor.
What is the risk involved in the case ofWhat is the 'omission' of the EPB?
In case of failure to provide this information document at the time of the real estate transaction, the buyer can sue for the cancellation of the contract or ask the judge for a reduction of the price.
Are you concerned?
You can find out if the property you are going to buy or sell is located in the EPB zoning, by going to Geoportal.
Here is what the zoning looks like for the area around the Etang de Berre:
What do the colours mean? ?
The colours segment the EPB zone by degree of nuisance and indicate which planning constraints will apply.
Each zone in the EPB below therefore corresponds to a level of nuisance:
- an A zone(red) of very strong discomfort
- a zone B (orange) of strong discomfort
- an area C(green) of moderate discomfort
- an area D(blue) low annoyance
In terms of planning constraints :
- In the most restrictive A zones, the housing required for aeronautical activities will be found.
- in zones D, construction is possible subject to special sound insulation rules.
