I. – When it receives a claim for compensation, the guarantee fund shall inform the party presumed responsible for the damage, the prefect, the court seised if legal action has been taken by the owner concerned and the persons designated in the declaration of honour referred to in the previous article.
Within a maximum period of one month and at its own expense, it shall arrange for an expert appraisal to be carried out. To this end, it shall appoint one or more experts in property matters. These experts may be assisted by persons with expertise in other fields.
For each property, the experts are responsible for :
– together with the owner concerned, draw up a description of the damage of all kinds affecting the building ;
– indicate the cause or causes of the damage and, where there is more than one cause, state the proportion to which each has contributed to the damage;
– assess the cost of the work required to put an end to the damage and restore the building to its intended use;
– assess the sum required to recover, in a comparable area, ownership of a building of equivalent size and comfort, without taking the risk into account.
II. – For properties subject to a clause mentioned in the first paragraph of II of article 75-2 of the Mining Code, validly inserted in a real estate transfer contract concluded prior to 17 July 1994 with a local authority, a public establishment under its authority or a non-professional individual, the experts are also tasked with :
– to determine whether the damage is direct and substantial ;
– to determine whether the determining cause of the damage was a mining accident within the meaning of the last paragraph of II of article 75-2 of the Mining Code;
– check, if an order declaring a mining disaster has been published, that the property is located within the perimeter defined by the order.