Related to Perpignan and 35 municipalities: New sanitation rules create “a monster mess” in real estate sales

As part of the real estate transfer, the seller or real estate agency or notary must request a conformity certificate of connection to the collective network from the municipal water service, essentially to prevent the discharge of wastewater into the rainwater network. From January 1, 2024, this compliance check is now carried out by Eau Agglo, the sole operator, a 100% subsidiary of Véolia Eau, the new manager of the collective sanitation service for the 36 municipalities of the Perpignan Méditerranée Métropole urban community. This control is always at the expense of the seller but it costs 179.85 euros for the whole set from January 1 (easy to double as a case-de-penne for example).

It is up to the seller to pass on the price

But among the new methods of compliance controls by Eau Agglo, another element particularly attracted the attention of notaries in Pyrénées-Orientales. To be relevant, it is not enough to be well connected to the sanitation network. Eau Agglo now requires compliance within two years if, during the inspection, the inspection manhole, located at the connection between a private pipe and a common pipe, is not accessible in the public domain, i.e. if it is not located on edge property or on a sidewalk. A change that is not neutral. “This compliance regulation already exists on the inspection window, it is not new except that it was not always applied”Théophile Martínez, Mayor of Case-de-Pains and Vice-President of the PMM emphasizes the charge of water and sanitation in the public service delegation. “Today, because this regulation is not applied enough, we want to formalize things. And if this affects the sale price of the property, it is up to the seller to send it to the price”, he points out. Jean-Luc Brieu, president of the Chambre des Notaires des P.-O., is not necessarily of this opinion. “Why should the owner pay? Is there any legal basis for this regulation, we don’t know”. But this is not the only problem for notaries.

“Since housing does not always have an accessible view of a public highway, this rule risks delaying a good number of property transfers.”

This is what Maitre Briou fears. “It’s not a bad idea to improve controls”He accepts. “But in the case of manholes that are not located in the public domain, it’s different. We understand the utility but it won’t happen as fast as Eau Agglo says. If it’s not relevant because of this view, the sale can be blocked. At least for weeks. . When the agent travels and between the moment of receipt of the quote, a lot of time will pass. We can already see this in some acts, the deadline is not respected. Eau Agglo services say that they respond within 15 days, but For the time being, that’s not true. It’s a big mess. And while it can be costly for the seller, this question is becoming a real problem for the real estate market.”Mi Briou explains.

A real problem for the real estate market

By developing network compliance, the operator recognizes it “This will create a few more obstacles”Remi Gosselin, director of the governance division at Eau Agglo, agrees. “It is also true that at the moment, since the rules changed on January 1st, we have a lot of emergency quotes and it is difficult for us to respond within the time frame. But when it is more fluid, we will be able to quote in a few days.”. So anticipation is the only option for those planning to sell property in PMM’s 36 municipalities. In case of carrying out a compliance project on the eve of signing the sales contract, asking Eau Agglo to come and check their installation as quickly as possible, so that they do not discover themselves.