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Obligations of the seller or lessor of a building and ECD:

The ECD shall, effective from 1 st January 2011, be produced and made available to any acquirer or lessee from the sale, or rental of your property (Article 1 the Law on National Commitment to the Environment). Remember that from 1 st January 2011, the classification of the property under its energy performance will be mentioned in advertisements for the rental and sale of real estate, and advertisers are real estate professionals or individuals, according to procedures laid down by decree (Article L134-4-3 CCH).

special case of rent

Before the conclusion of the lease: the duty to keep the ECD available to any prospective tenant applies to all leases, whether or not residential. The law covers any rental property without restriction.
At the conclusion of the lease: Article L134-3-1 recently changed, no longer refers to the 1989 Act, therefore, it no longer concerns only the residential leases, but the whole leases, except Rural and lease lease rentals.
This exception is however to mitigate for the rental because it is expected that the landlord can simply put the "energy rating" of the leased property during the lease, it is also anticipated that the tenant may require the submission of the entire ECD (Article R134-4-3 CCH).
In any event, insofar as the procedures for implementation of ECD have so far been set only for living quarters (ended 3/5/2007), the input into force of this obligation for other leases in practice is subject to the publication of the arrangements for ECD to other leases.
What if heating or cooling action? A
ECD should be completed within a period of 5 years from 1 st January 2012 (L134-art 4-1 1 CCH al.)

Thanks to Aurélie Miribel for this article.