The DAACT (declaration attesting to the completion and compliance of works) remains the cornerstone of regularizing a building in relation to urban planning law. However, we observe that confusion persists between the old certificate of compliance, abolished in 2007, and the current regime based on the Cerfa form n°13408. Understanding the precise mechanics of this document prevents blockages during resale or refinancing phases.
Technical certificates to attach to the DAACT: RT 2012, RE 2020, seismic
The Cerfa form n°13408 is no longer sufficient on its own. For new constructions and major renovations, regulations require the attachment of thermal compliance certificates, accessibility certificates, or seismic certificates depending on the nature of the project and the geographical area.
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In practice, more and more banks and insurers condition the release of funds or the maintenance of insurance coverage on the presence of these documents attached to the DAACT. Failing to include the RE 2020 certificate for a new house, for example, can suspend a bridge loan even when the town hall has raised no objections.
We recommend compiling the file of certificates as early as the construction phase, in direct connection with the thermal study office and the technical controller. Waiting until delivery to address this extends the process by several weeks, sometimes longer when the inspector needs to return to the site.
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To obtain a certificate of compliance for a house within a reasonable timeframe, this anticipation remains the most reliable lever.
Compliance control by the town hall: deadlines, site visits, and tacit non-opposition
After receiving the DAACT, the administration has a deadline to contest the compliance of the works. This deadline runs from the date the form is received at the town hall. If the municipality does not react within this timeframe, tacit non-opposition counts as a certificate of compliance.
The site visit is not systematic. The town hall may be satisfied with a document review, especially for preliminary work declarations. However, building permits concerning protected areas or public buildings almost always trigger a visit from an inspecting officer.
When the town hall contests compliance
In the event of non-compliance, the town hall notifies the owner of the discrepancies between the urban planning authorization and the actual construction. The owner then has a deadline to bring the property into compliance or submit a modified permit. As long as the situation is not regularized, the violation of urban planning law remains ongoing, exposing the owner to criminal prosecution without the usual statute of limitations.
We observe that the inspecting services focus their controls on three recurring points:
- The actual ground footprint compared to the site plan of the building permit, with particular attention to roof overhangs and covered terraces
- The heights of the ridge and the parapet, often sources of discrepancies between the authorized project and the delivered construction
- Compliance with distances from property boundaries, a frequent point of friction in developments subject to a specifications document
Regularization of an absent DAACT: old constructions and real estate sales
The absence of a DAACT does not legally prevent the sale of a property. However, notaries now systematically require proof of the DAACT submission or the certificate of non-opposition before signing the authentic deed, even for constructions dating back several decades.
This evolution in notarial practice has made regularization almost mandatory for any owner wishing to sell their property. In practice, it remains possible to submit a DAACT many years after the end of construction. The Cerfa form n°13408 is identical, but the town hall may require additional documents (existing plans, surveyor reports) if the archives of the original permit are incomplete.
Case of houses built before 2007
Before the 2007 reform, the certificate of compliance was a document actively issued by the town hall. Many homeowners of houses from the 1970s to 2000 never received this document, either because the town hall did not process it or because the builder did not make the request.
For these properties, the regularization process involves submitting a late DAACT accompanied, if necessary, by an operational planning certificate to verify the administrative status of the land. If the construction complies with the original permit, the town hall generally has no grounds for opposition.
Impact on financing and insurance of the property
Beyond the urban planning aspect, the absence of a DAACT complicates access to credit for the buyer. Some banks refuse to finance a property whose compliance is not certified, considering the legal risk as a depreciation factor.
On the insurance side, the damage insurance coverage may be challenged if the works have not been subject to a declaration of compliance. In the event of a claim, the insurer may invoke the absence of a DAACT to limit compensation, arguing that the building did not comply with the urban planning authorization.
We recommend keeping all documents in the property file: receipt of DAACT submission, technical certificates (thermal, accessibility, seismic), and if applicable, the town hall’s letter of non-opposition. This complete file secures both resale and relations with the insurer and the bank.
An owner who regularizes their situation before putting the property up for sale benefits from a smoother transaction and avoids discount requests made by buyers aware of the risk. The trend among notarial offices to tighten their documentary requirements shows no signs of easing.