Thermal sieves: owners of dwellings classified F or G in tense areas will no longer be able to increase their rents.
The law of 1989 aimed at improving rental relations provides a framework for increasing rents, in tense areas, in the event of re-renting or renewal of a lease. The “Energy and Climate” Act makes rent increases in these areas, as from 1 January 2021, conditional on certain energy performance criteria in order to combat thermal sieves (L. n° 2019-1147, 8 Nov. 2019, art. 19).
Decree no. 2020-1818 of 30 December 2020 specifies this provision. It provides that a rent increase may only be applied in tense areas if the primary energy consumption of the dwelling is less than 331 kWh per m2 per year (DPE label F or G).
Decree no. 2020-1818 of December 30, 2020 relating to the energy performance criteria governing changes in certain rents in the context of a new lease or lease renewal taken pursuant to Article 18 of Law no. 89-462, extract:
Public concerned: owners and tenants of bare and furnished housing located in the following conurbations: Ajaccio, Annecy, Arles, Bastia, Bayonne, Beauvais, Bordeaux, Draguignan, Fréjus, Genève-Annemasse, Grenoble, La Rochelle, La Teste-de-Buch-Arcachon, Lille, Lyon, Marseille-Aix-en-Provence, Meaux, Menton-Monaco, Montpellier, Nantes, Nice, Paris, Saint-Nazaire, Sète, Strasbourg, Thononon-les-Bains, Toulon, Toulouse.
Purpose: to take into account the energy performance of the housing unit in the evolution of certain rents in the context of a new rental or lease renewal.
Entry into force: the text comes into force on 1 January 2021.
Notice: Law n° 89-462 of 6 July 1989 aimed at improving rental relations provides, for each zone of continuous urbanisation of more than 50,000 inhabitants where there is a marked imbalance between housing supply and demand, leading to serious difficulties of access to housing throughout the residential stock, for the setting by decree of a maximum amount for changes in the rent of a bare or furnished dwelling in the event of re-renting or lease renewal. In the event of a dispute between the parties, the law provides for referral to the departmental conciliation commission prior to referral to a judge. The decree amends Decree no. 2017-1198 of 27 July 2017 relating to changes in certain rents in the context of a new lease or lease renewal, issued pursuant to Article 18 of Law no. 89-462 of 6 July 1989, by providing, as from 1 January 2021, for adjustments taking into account the energy performance criteria for housing set by Article 19 of Law no. 2019-1147 of 8 November 2019 relating to energy and the climate. The decree of July 27, 2017 sets a maximum amount for changes in rents for leased accommodation located in municipalities where the tax on vacant housing applies. It allows for adjustments in the event of works or a manifestly undervalued rent. In these cases, the decree provides that a rent increase, which is itself regulated, may only be applied if the primary energy consumption of the dwelling is less than 331 kWh per square metre per year.
References: Decree no. 2017-1198 of 27 July 2017 relating to changes in certain rents in the context of a new lease or lease renewal applicable from 1 August 2020 to 31 July 2021, issued pursuant to Article 18 of Law no. 89-462 of 6 July 1989 as amended by the decree, can be consulted on the Légifrance website (https://www.legifrance.gouv.fr) (…)