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Decent housing
Verified 29 octobre 2021 - Legal and Administrative Information Directorate (Prime Minister)
The landlord must provide the tenant with decent accommodation. Decent accommodation meets 5 criteria: minimum surface area, no risk to the safety and health of the tenant, no pests and pests, minimal energy performance, the availability of certain equipment. If the accommodation is not decent, the tenant has recourse.
What applies to you ?
Depending on your personal situation, the steps to take may vary.
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Empty Housing
A rental accommodation must have a minimum surface area. The minimum area differs depending on whether the accommodation is rented or colocation.
Rental accommodation
A rental unit must respect a minimum surface area. This is one of the decency.
The accommodation shall have at least one main room having:
- Either living area at least 9 m² and a ceiling height of at least 2,20 m
- Either one habitable volume not less than 20 m³
Warning : departmental health regulations may impose more restrictive conditions.
Shared housing
The rule varies depending on whether there is a single lease or whether each roommate has signed a lease.
Single Lease
A rental unit must respect a minimum surface area. This is one of the decency.
The accommodation shall have at least one main room having:
- Either living area at least 9 m² and a ceiling height of at least 2,20 m
- Either one habitable volume not less than 20 m³
Warning : departmental health regulations may impose more restrictive conditions.
Each roommate signs a lease
Each lease must specify the room for which each roommate has the private use and the common areas available to all roommates (kitchen, bathroom, living room...)
Each roommate must have a room with a surface of at least 9 m2 and with a volume not less than 20 m3 (common rooms not included).
Please note : the decent housing is evaluated taking into account all the elements, equipment and rooms of the accommodation (and not the only room of which the tenant has the private use).
The accommodation must comply with the following conditions:
- The accommodation provides closed and covered.
The main work of the accommodation and its access is in good condition of maintenance and solidity and protects the premises against runoff and upwelling. The exterior carpentry and cover with its fittings and accessories provide protection against water infiltration into the dwelling. - The accommodation is protected from air leakage.
The doors and windows of the accommodation are sufficiently air-tight.
The walls and walls of the accommodation facing the outside or unheated spaces are sufficiently air-tight.
The openings of the rooms overlooking unheated outbuildings are equipped with doors or windows.
The fireplaces are equipped with traps. - Restraints for persons (window guards, staircases, loggias and balconies) located in the accommodation and in its accesses are in a state in accordance with their use.
- The nature, state of conservation and maintenance of building materials, pipes and linings in the dwelling do not present any obvious risks to the health and physical safety of the tenants.
- Electricity and gas networks and connections comply with safety standards and are in good working order.
- Heating and hot water production equipment complies with safety standards and is in good condition for use and operation.
- The accommodation allows sufficient ventilation.
The opening and any ventilation devices in the accommodation are in good condition. In addition, they allow for the air to be renewed and the humidity to be evacuated, adapted to the needs of normal housing and the operation of the equipment. - The main rooms (intended for sleeping or staying) have sufficient natural light and a window giving to the air, or a glass volume giving to the air.
FYI : a basement room cannot be offered for rent.
Decent housing is housing that is not infested with pests (e.g.: rats) or by parasites (e.g. bed chips, cockroaches).
The accommodation shall include the following amenities and comforts:
- An installation enabling normal heating
It shall be fitted with the power supply and exhaust of combustion products.
It must be adapted to the housing characteristics. - A drinking water supply
It must allow distribution within the dwelling with sufficient pressure and flow for the normal use of its tenants. - Evacuation facilities sewage
These facilities must prevent the release of odours and effluents.
They must have a syphon. - A kitchen or a kitchen area enabling the installation of a cooking appliance and including a sink connected to a hot and cold water supply and an exhaust system sewage.
- An indoor sanitary facility
It must include a toilet, separate from the kitchen and the room where meals are taken.
There must be body washroom equipment, including a bath or shower, arranged to ensure personal privacy, supplied with hot and cold water and equipped with sewage disposal.
However, in the case of single room accommodation, the sanitary facility may be limited to a WC outside the accommodation, provided that this WC is located in the same building and easily accessible. - A power grid
It must allow sufficient lighting of all rooms and access.
It must allow the operation of the common household appliances essential for everyday life.
If the dwelling is not decent, the tenant must indicate in writing to the owner the signs of non-compliance of the dwelling with the criteria of decency.
The owner accepts the signs of non-decency
The tenant must provide the owner with the following information by registered letter with acknowledgement:
- Compliance work that the owner undertakes
- Timeframes for completion
The owner disputed the signs of non-decency
The lessee must require the owner to carry out the compliance work by registered letter with acknowledgement of receipt.
After a period of 2 months, if the notice has not been answered or if the disagreement persists, the tenant may refer the matter to the court office.
Who shall I contact
However, it may choose to use the departmental conciliation board.
Warning : the tenant must not stop paying all or part of his rent under the pretext that the landlord is not meeting his obligations.
If the court judge finds that the dwelling does not meet the standards of decency, he may:
- Force owner to do necessary work
- Impose rent reduction on tenant
- Impose damages to be paid to the tenant
Furnished accommodation
To be considered as a furnished rental, the accommodation must meet the criteria of furnishing. The list of these criteria depends on the date the lease was signed.
A rental accommodation must have a minimum surface area. The minimum area differs depending on whether the accommodation is rented or colocation.
Rental accommodation
A rental unit must respect a minimum surface area. This is one of the decency.
The accommodation shall have at least one main room having:
- Either living area at least 9 m² and a ceiling height of at least 2,20 m
- Either one habitable volume not less than 20 m³
Warning : departmental health regulations may impose more restrictive conditions.
Shared housing
The rule varies depending on whether there is a single lease or whether each roommate has signed a lease.
Single Lease
A rental unit must respect a minimum surface area. This is one of the decency.
The accommodation shall have at least one main room having:
- Either living area at least 9 m² and a ceiling height of at least 2,20 m
- Either one habitable volume not less than 20 m³
Warning : departmental health regulations may impose more restrictive conditions.
Each roommate signs a lease
Each lease must specify the room for which each roommate has the private use and the common areas available to all roommates (kitchen, bathroom, living room...)
Each roommate must have a room with a surface of at least 9 m2 and with a volume not less than 20 m3 (common rooms not included).
Please note : the decent housing is evaluated taking into account all the elements, equipment and rooms of the accommodation (and not the only room of which the tenant has the private use).
The accommodation must comply with the following conditions:
- The accommodation provides closed and covered.
The main work of the accommodation and its access is in good condition of maintenance and solidity and protects the premises against runoff and upwelling. The exterior carpentry and cover with its fittings and accessories provide protection against water infiltration into the dwelling. - The accommodation is protected from air leakage.
The doors and windows of the accommodation are sufficiently air-tight.
The walls and walls of the accommodation facing the outside or unheated spaces are sufficiently air-tight.
The openings of the rooms overlooking unheated outbuildings are equipped with doors or windows.
The fireplaces are equipped with traps. - Restraints for persons (window guards, staircases, loggias and balconies) located in the accommodation and in its accesses are in a state in accordance with their use.
- The nature, state of conservation and maintenance of building materials, pipes and linings in the dwelling do not present any obvious risks to the health and physical safety of the tenants.
- Electricity and gas networks and connections comply with safety standards and are in good working order.
- Heating and hot water production equipment complies with safety standards and is in good condition for use and operation.
- The accommodation allows sufficient ventilation.
The opening and any ventilation devices in the accommodation are in good condition. In addition, they allow for the air to be renewed and the humidity to be evacuated, adapted to the needs of normal housing and the operation of the equipment. - The main rooms (intended for sleeping or staying) have sufficient natural light and a window giving to the air, or a glass volume giving to the air.
FYI : a basement room cannot be offered for rent.
Decent housing is housing that is not infested with pests (e.g.: rats) or by parasites (e.g. bed chips, cockroaches).
The accommodation shall include the following amenities and comforts:
- An installation enabling normal heating
It shall be fitted with the power supply and exhaust of combustion products.
It must be adapted to the housing characteristics. - A drinking water supply
It must allow distribution within the dwelling with sufficient pressure and flow for the normal use of its tenants. - Evacuation facilities sewage
These facilities must prevent the release of odours and effluents.
They must have a syphon. - A kitchen or a kitchen area enabling the installation of a cooking appliance and including a sink connected to a hot and cold water supply and an exhaust system sewage.
- An indoor sanitary facility
It must include a toilet, separate from the kitchen and the room where meals are taken.
There must be body washroom equipment, including a bath or shower, arranged to ensure personal privacy, supplied with hot and cold water and equipped with sewage disposal.
However, in the case of single room accommodation, the sanitary facility may be limited to a WC outside the accommodation, provided that this WC is located in the same building and easily accessible. - A power grid
It must allow sufficient lighting of all rooms and access.
It must allow the operation of the common household appliances essential for everyday life.
If the dwelling is not decent, the tenant must indicate in writing to the owner the signs of non-compliance of the dwelling with the criteria of decency.
The owner accepts the signs of non-decency
The tenant must provide the owner with the following information by registered letter with acknowledgement:
- Compliance work that the owner undertakes
- Timeframes for completion
The owner disputed the signs of non-decency
The lessee must require the owner to carry out the compliance work by registered letter with acknowledgement of receipt.
After a period of 2 months, if the notice has not been answered or if the disagreement persists, the tenant may refer the matter to the court office.
Who shall I contact
However, it may choose to use the departmental conciliation board.
Warning : the tenant must not stop paying all or part of his rent under the pretext that the landlord is not meeting his obligations.
If the court judge finds that the dwelling does not meet the standards of decency, he may:
- Force owner to do necessary work
- Impose rent reduction on tenant
- Impose damages to be paid to the tenant