The certificate of compliance is not just an administrative formality at the end of construction. It is the document that secures the legal consistency between the building permit granted and the constructed reality. Without it, the urban safety chain is broken, with direct consequences on resale, insurance, and even the taxation of the property.
Urban compliance and the enforceability of the DPE: the double lock that property owners ignore
Since July 1, 2021, the DPE has become enforceable, regulated by articles L.126-26 to L.126-35 of the Construction and Housing Code and decree n°2020-1610 of December 17, 2020. A buyer can now hold the seller or the diagnostician liable if the DPE is incorrect.
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This enforceability creates a practical requirement for “energy compliance” that overlaps with traditional urban compliance. When a property classified E, F, or G must undergo an energy audit before sale, the question is no longer just whether the walls comply with the permit, but whether the declared performances match the constructed reality.
We observe that notaries are increasingly cross-referencing these two levels of verification. A property owner who has made an extension without filing a DAACT and whose DPE does not reflect the actual modifications of the building exposes themselves to double litigation. To learn everything about the house compliance certificate, it is necessary to integrate this energy dimension, which weighs as much on the value of the property as the urban planning document itself.
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DAACT and non-contestation certificate: two distinct documents for the town hall
The confusion between these two documents remains common, even among professionals. The DAACT (declaration of completion and compliance of works) is a declarative form submitted by the project owner at the end of the construction. It is not a certificate issued by the administration.
After the DAACT is submitted, the town hall has a period of three months to check the compliance of the works and, if necessary, contest it. This period is extended to five months when the property is located in an area covered by a risk prevention plan or within the perimeter of a historical monument.
The presumed acquired compliance
Without a response from the town hall after this period, compliance is deemed acquired. The owner can then request a non-contestation certificate of compliance, which constitutes the true key for the notary during a sale.
We recommend keeping proof of the DAACT submission (stamped receipt or postal acknowledgment of receipt) in the property file. In case of dispute, it is the submission date that starts the clock, not the actual receipt date by the urban planning department.
Expired urban planning certificate: the trap of validity period during resale
Articles L.410-1 and R.410-17 of the Urban Planning Code set the validity period of an urban planning certificate at 18 months, with the possibility of a one-year extension if the request is made at least two months before the expiration. This technical point has a direct impact on the legal security of the transaction.
The classic scenario: a property owner obtains a building permit under a given PLU, carries out the works over several years, and then wishes to sell. In the meantime, urban planning rules have evolved. The compliance acquired based on the old PLU may no longer correspond to the requirements of the new applicable urban planning document.
Check the consistency between the initial permit and the current PLU
Before any sale, we advise requesting a recent operational urban planning certificate. This document allows verification that the property, as it has been built, remains compatible with the current rules. This avoids unpleasant surprises during the drafting of the compromise.
- If the PLU has been revised after the permit was obtained, certain provisions (height, footprint, distance to boundary lines) may have changed, without affecting the legality of the existing construction
- The notary systematically checks for the existence of the DAACT or the old compliance certificate in the sales file, and its absence delays the signing
- A non-contestation certificate dated several years ago remains valid, unlike the urban planning certificate which must be updated
Real estate sale without a compliance certificate: the concrete consequences
Selling a house without a compliance certificate is not prohibited by law. However, the absence of this document gives the buyer considerable negotiating leverage and may block bank financing.
The notary, bound by their duty to advise, will point out the absence of the document. The buyer can then demand a suspensive clause related to obtaining the certificate, negotiate a discount on the price, or simply withdraw from the purchase.
The case of older constructions
For permits issued before October 1, 2007, it was the administration that directly issued a compliance certificate. For older properties, this document may never have been requested or may have been lost. In this case, the town hall can provide a certificate indicating that no contestation has been made within the legal deadlines.
The situation becomes more complicated when works have been carried out without a permit or with unreported modifications. Regularization requires the submission of a modified building permit or a prior declaration, depending on the extent of the discrepancies observed. The processing time varies by municipality but can take several months.
- Check with the town hall’s urban planning department if a DAACT has been registered for the property
- Request a copy of the initial building permit to identify any unreported modifications
- In the case of non-compliant works, consult an architect to assess the feasibility of regularization before putting the property up for sale
The compliance certificate remains a often underestimated link in the preparation for a sale. Its value lies not in the document itself, but in the proof it provides: that of a property whose constructed reality corresponds to what the administration has authorized, and whose declared performances hold up against the increasing enforceability of diagnostics.