What is a dwelling subject to the 1948 law?
Verified 20 December 2021 - Legal and Administrative Information Directorate (Prime Minister)
In order to be subject to the 1948 law, a dwelling must be built before the 1to September 1948 in or near certain communes with more than 10,000 inhabitants. The tenant must have entered the premises before 23 December 1986. Consequently, a vacant and rented accommodation since that date is no longer subject to the 1948 law. Each accommodation subject to the 1948 law is classified in a category, according to its facilities and comfort.
Shape and Content
The lease is not necessarily written. The rental can therefore be verbal.
The content of the lease is not regulated.
The rules of a lease for an empty private sector dwelling may apply.
Duration
There is no minimum lease term. It depends on the time agreed upon between the owner and the tenant when the lease was signed. The indefinite lease is allowed.
Each house subject to the 1948 law is classified in a category, according to its facilities and comfort .
The housing category determines the maximum amount of rent the landlord can charge his tenant.
The classification is by accommodation and not by building. In fact, in the same building, there can be accommodation of various qualities, especially depending on their situation in the same building (level, access...).
Please note
Class I housing, considered to be of exceptional quality, is no longer subject to the 1948 Act.
The landlord can raise the rent once a year (we're talking about annual review) or after making modifications.
Annual Review
The rules are different depending on whether or not the accommodation is in the city (Paris, Hauts-de-Seine, Seine-Saint-Denis, Val-de-Marne, some communes in Seine-et-Marne, Yvelines, Essonne, Val-d'Oise ).
Parisian agglomeration
The rent can be increased to 1to every year.
The applicable rate of increase shall be:
- 0.09% from 1to July 2021
- 0.92% 1to July 2020 to June 30, 2021
FYI
rent increases are not permitted for a category IV dwelling.
But after this increase, the rent cannot exceed one maximum.
To know this maximum amount, multiply corrected surface housing by base price to m2.
The base price to m2 to use depends on accommodation category :
Base price per m² corrected area | ||
|---|---|---|
For each of the first 10 m² | For each other m² | |
II | €12.58 | €7.46 |
II B | €8.65 | €4.68 |
II C | €6.63 | €3.54 |
III A | €4.01 | €2.15 |
III B | €2.37 | €1.24 |
IV | €0.26 | €0.12 |
Example :
For Type II C housing with a corrected surface of 43 m2 :
(€6.63 x 10) + (€3.54 x 33) = €183.12
The annual increase shall not have the effect of making the rent more than €183.12.
Other
The rent can be increased to 1to every year.
The applicable rate of increase shall be:
- 0.09% from 1to July 2021
- 0.92% 1to July 2020 to June 30, 2021
FYI
rent increases are not permitted for a category IV dwelling.
But after this increase, the rent cannot exceed one maximum.
To know this maximum amount, multiply corrected surface housing by base price to m2.
The base price to m2 to use depends on accommodation category :
Base price per m² corrected area | ||
|---|---|---|
For each of the first 10 m² | For each other m² | |
II | €10.27 | €6.13 |
II B | €7.08 | €3.85 |
II C | €5.41 | €2.91 |
III A | €3.28 | €1.82 |
III B | €1.95 | €1.01 |
IV | €0.26 | €0.12 |
Example :
For Type II C housing with a corrected surface of 43 m2 :
(€5.41 x 10) + (€2.91 x 33) = €150.13
The annual increase shall not have the effect of making the rent more than €150.13.
Amending work
The rules are different depending on whether or not the accommodation is in the city (Paris, Hauts-de-Seine, Seine-Saint-Denis, Val-de-Marne, some communes in Seine-et-Marne, Yvelines, Essonne, Val-d'Oise ).
Parisian agglomeration
The rent can be increased to 1to every year.
The applicable rate of increase shall be:
- 0.09% from 1to July 2021
- 0.92% 1to July 2020 to June 30, 2021
FYI
rent increases are not permitted for a category IV dwelling.
But after this increase, the rent cannot exceed one maximum.
To know this maximum amount, multiply corrected surface housing by base price to m2.
The base price to m2 to use depends on accommodation category :
Base price per m² corrected area | ||
|---|---|---|
For each of the first 10 m² | For each other m² | |
II | €12.58 | €7.46 |
II B | €8.65 | €4.68 |
II C | €6.63 | €3.54 |
III A | €4.01 | €2.15 |
III B | €2.37 | €1.24 |
IV | €0.26 | €0.12 |
Example :
For Type II C housing with a corrected surface of 43 m2 :
(€6.63 x 10) + (€3.54 x 33) = €183.12
The annual increase shall not have the effect of making the rent more than €183.12.
Other
The rent can be increased to 1to every year.
The applicable rate of increase shall be:
- 0.09% from 1to July 2021
- 0.92% 1to July 2020 to June 30, 2021
FYI
rent increases are not permitted for a category IV dwelling.
But after this increase, the rent cannot exceed one maximum.
To know this maximum amount, multiply corrected surface housing by base price to m2.
The base price to m2 to use depends on accommodation category :
Base price per m² corrected area | ||
|---|---|---|
For each of the first 10 m² | For each other m² | |
II | €10.27 | €6.13 |
II B | €7.08 | €3.85 |
II C | €5.41 | €2.91 |
III A | €3.28 | €1.82 |
III B | €1.95 | €1.01 |
IV | €0.26 | €0.12 |
Example :
For Type II C housing with a corrected surface of 43 m2 :
(€5.41 x 10) + (€2.91 x 33) = €150.13
The annual increase shall not have the effect of making the rent more than €150.13.
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As Owner
At lease maturity
The landlord who wants to take over the property can do so at lease term, provided that give the tenant advance notice.
FYI
if at the end of the lease the landlord has not given notice, the tenant has right to remain. The tenant may remain in the dwelling without any time limit and without the owner having to write a new lease.
At any time
The landlord may remove the dwelling from the 1948 Act where the dwelling is of Class II B or II C and the tenant has income greater than a minimum amount.
As tenant
The tenant who wants to leave the dwelling can do so at any time, provided that give prior notice to the owner.
The accommodation is inhabited
The lease is automatically terminated.
The right to remain in places without limitation shall be transferred to the following persons:
- Spouse or partner Civil partnerships: titleContent tenant
- Provided that they actually live with the tenant for more than 1 year, minor children up to their majority, ascending, disabled persons
If several persons request the transfer of the right to remain in the premises, the judge will decide on the basis of the interests of each person.
The competent judge shall court protection litigation judge on whom the housing is based.
Housing becomes vacant
The lease is automatically terminated.
As the accommodation has become vacant, it cannot be rented under the rules of the 1948 Act.
The accommodation is inhabited
The lease is automatically terminated.
The right to remain in places without limitation shall be transferred to the following persons:
- Spouse or partner Civil partnerships: titleContent tenant
- Provided that they actually live with the tenant for more than 1 year, minor children up to their majority, ascending, disabled persons
If several persons request the transfer of the right to remain in the premises, the judge will decide on the basis of the interests of each person.
The competent judge shall court protection litigation judge on whom the housing is based.
Housing becomes vacant
The lease is automatically terminated.
As the accommodation has become vacant, it cannot be rented under the rules of the 1948 Act.
- Act No. 48-1360 of 1 September 1948 on rental reports
- Decree No. 2020-1339 of November 3, 2020 fixing the basic prices per square metre of residential or professional premisesList of municipalities in Ile-de-France
- Decree No. 48-1881 of 10 December 1948 determining the basic prices per square metre of the living or professional premises
- Notice and formalities given by the tenantService-Public.fr
- Referring to the protection litigation judge (consumer credit, lease)Service-Public.fr
- Categories of housing subject to the 1948 lawLegifrance
- Communities concerned in Ile-de-FranceLegifrance