Attendu depuis de nombreux mois par les professionnels du diagnostic technique et de l’immobilier, le décret fixant les modalités d’application de la mention du classement énergétique des bâtiments dans les annonces immobilières est enfin paru au Journal Officiel du 30 décembre 2010, deux jours avant sa date obligatoire de mise en application, le 1er janvier 2011. L’obligation d’affichage est rendue obligatoire à l’ensemble des acteurs pouvant réaliser la mise en vente ou en location d’un bien immobilier, qu’il s’agisse du particulier lui-même ou de toute personne physique ou morale exerçant une activité liée à l’achat, la vente ou la location d’immeubles bâtis, à la gestion immobilière ou à la vente de listes ou de fichiers relatifs à l’achat, la vente ou la location d’immeubles bâtis. L’application est définie selon les différents types de diffusion de l’information :
- Toute annonce de vente ou de location insérée dans la presse écrite mentionne la lettre correspondant à l’échelle de référence du classement énergétique du bien concerné. Cette mention est précédée des termes « classe énergie ».
- Toute annonce de vente ou de location affichée dans des locaux liés à l’activité d’achat, de vente, de location ou de gestion de biens immobiliers, de même que de vente de listes ou de fichiers relatifs à cette activité doit faire apparaître le classement énergétique du bien.
- Toute annonce de vente ou de location d’un bien immobilier présentée au public par un réseau de communications électroniques doit mentionner le classement énergétique du bien de manière lisible et en couleur selon des proportions définies (180 pixels x 180 pixels).
Cette obligation ne s’applique qu’aux immeubles ou parties d’immeubles bâtis devant faire l’objet d’un diagnostic de performance énergétique lors de leur mise en vente ou location. Elle ne s’applique pas en cas de vente d’un immeuble à construire.
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