Donors: climate law
The law of 22 August 2021 on combating climate change and building resilience to its effects contains an important section devoted to real estate. It incorporates several measures intended to combat thermal strainers, some of which directly concern landlords.
The ban on increasing the rent
The text provides that from August 2022 (date postponed to July 1, 2024 in the overseas departments), landlords will no longer be able to increase the rent if they rent accommodation qualified as an energy strainer, that is, ie classified F or G. The ban will apply to all accommodation rented for use as a main residence, whether empty or furnished. It will apply not only in the event of a new rental but also in the event of a lease renewal at its end. The ban will also target the annual review of the rent according to the evolution of the Reference Index of Rents (RRI), possible when the lease contains an indexation clause.
Remember that the classification of a home results from the Energy Performance Diagnosis (DPE) to be carried out by the lessor before renting. Homes are classified according to their level of energy performance and their level of greenhouse gas emissions. The best performers are rated A while the least performers are rated F (very poor performing housing) or G (extremely poor performing housing). A new DPE has been in effect since July 1, 2021. The aim is to make it more precise, more complete and more educational.
Good to know: The DPE is valid for 10 years. However, those made between January 1, 2013 and December 31, 2017 are only valid until December 31, 2022, and those made between January 1, 2018 and June 30, 2021 are only valid until December 31, 2024.
The ban on renting
The text also provides for a progressive ban on the rental of energy strainers. In mainland France, this ban will apply to housing with a G energy label from 2025, then to F classified housing from 2028, and finally to E classified housing from 2034. In the overseas departments, it will apply from 2028 for G-rated dwellings and from 2031 for F-classified dwellings. On the other hand, E-classified dwellings can still be rented out. In total, more than 4 million homes are affected!
Sanctions are foreseen against donors who do not respect these rules. The tenant may ask the owner to bring the accommodation into conformity by carrying out energy renovation and insulation work. If the latter does not respond favorably to his request, the tenant may take legal action to force him to do the necessary work, impose a reduction in the rent and / or order him to pay damages.
Donors are eligible for MaPrimeRénov aid
Since July 1, 2021, landlord owners, regardless of their resources, can benefit from the MaPrimeRénov scheme to carry out energy-saving work (insulation, heating, etc.) in rental accommodation. This mechanism, created by the public authorities in 2020, consists of granting financial assistance to finance work to improve the energy performance of housing. It is paid by the National Housing Agency (Anah) upon completion of the work. Its amount is calculated according to the lessor's income and the energy savings made possible by the work carried out. For more information on this system, you can connect to the site maprimerenov.gouv.fr.
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