Decent housing

Verified 01 January 2023 - Directorate for Legal and Administrative Information (Prime Minister)

The landlord must provide the tenant with decent housing. Decent housing meets 5 criteria: a minimum surface area, no risk to the safety and health of the tenant, no pests and parasites, minimum energy performance, availability of certain equipment. If the accommodation is not decent, the tenant has recourse.

What applies to you ?

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A rental unit must have a minimum surface area. The minimum area differs depending on whether the accommodation is rented or rented colocation.

Rented accommodation

A rental unit must respect a minimum surface area. This is one of the criteria for decent housing.

The housing must have at least one main room with:

Let's say one living space of at least 9 m² and a ceiling height of at least 2,20 m
Let's say one habitable volume not less than 20 m³

Warning

departmental health regulations may impose more restrictive conditions.

Housing in colocation

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 criteria for decent housing.

The accommodation must have a minimum surface of 16 m² for 2 roommates. For each additional roommate, an additional 9 m² is needed.

Warning

departmental health regulations may impose more restrictive conditions.

Each roommate signs a lease

Each lease must specify the room with which each roommate has private use and the common areas available to all roommates (kitchen, bathroom, living room...)

Each roommate must have a room with an area of at least 9 m² and of a volume of not less than 20 m³ (common parts not taken into account).

Please note

the decent housing is evaluated by taking into account all the elements, equipment and rooms of the dwelling (and not just the room of which the tenant has private use).

The accommodation shall comply with the following conditions:

The accommodation provides closed and covered.
The main structure of the dwelling and its accesses is in good condition of maintenance and solidity and protects the premises against runoff and upwelling. The exterior carpentry and the cover with its fittings and accessories provide protection against water infiltration into the dwelling.
The housing is protected against parasitic air infiltration.
The doors and windows of the housing are sufficiently airtight.
The walls and walls of the housing opening to the outside or of the non-heated rooms are sufficiently air-tight.
Openings in rooms opening onto non-heated ancillary spaces shall be provided with doors or windows.
The chimneys are equipped with hatches.
Personal restraint systems (window guards, staircases, loggias and balconies) located in the accommodation and in its accesses shall be in a condition suitable for their use.
The nature, conservation and maintenance status of building materials, pipes and linings in the dwelling do not present any obvious risks to the health and physical safety of tenants.
Electricity and gas networks and connections comply with safety standards and are in good working and working order.
The heating and hot water production equipment complies with safety standards and is in good working and operating condition.
The housing allows sufficient ventilation.
The opening devices and any ventilation devices of the housings are in good condition. In addition, they allow air renewal and moisture evacuation adapted to the needs of normal occupancy of the housing and to the operation of the equipment.
The main rooms (intended for living or sleeping) have sufficient natural illumination and an opening giving to the open air, or to a glazed volume giving to the open air.

FYI

a room in the basement cannot be offered for hire.

Decent housing is housing that is not infested by pests (e.g. rats) or parasites (e.g. bed fleas, cockroaches).

The accommodation shall include the following equipment and comfort elements:

An installation allowing a normal heating
It must be fitted with devices for supplying energy and removing the products of combustion.
It must be adapted to the characteristics of the dwelling.
A drinking water supply facility
It must allow, inside the dwelling, distribution with sufficient pressure and flow rate for the normal use of its tenants.
Facilities for the evacuation of waste water
These installations must prevent the discharge of odors and effluents.
They must have a siphon.
A kitchen or a kitchen area enabling the installation of a cooking appliance and comprising a sink connected to an installation for supplying hot and cold water and to an installation for discharging waste water.
A sanitary facility inside the housing
It must include a toilet, separate from the kitchen and the room where meals are taken.
There must be personal toilet equipment with a bathtub or shower, arranged to ensure personal privacy, supplied with hot and cold water and provided with sewage disposal.
However, in the case of a single-room dwelling, the sanitary installation may be limited to a toilet outside the dwelling, provided that this toilet is located in the same building and easily accessible.
An electricity grid
It must provide adequate lighting for all rooms and accesses.
It must allow the operation of everyday household appliances essential to daily life.

To be decent, housing must not exceed a certain energy performance threshold.

For new leases concluded since 1^er january 2023, the housing is decent if its energy consumption is less than 450 kWh of final energy per square meter of living space and per year.

This consumption is estimated by the energy performance diagnosis (DPE).

Please note

This threshold does not apply to accommodation located overseas.

Warning

The energy performance criterion to be met should be for new lease agreements signed:

From 2025, between Class A and Class F
From 2028, between Class A and Class E (but in Dom, between Class A and Class F)
From 2034, between Class A and Class D (but in Dom, between Class A and Class E)

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 signs of indecency

The tenant must have the landlord specify, by registered letter with acknowledgement of receipt, the following information:

Compliance work that the owner undertakes to carry out
Time limits for carrying out this work

The owner disputes the signs of indecency

The tenant must demand that the owner carry out the compliance work by registered letter with acknowledgement of receipt.

After a period of 2 months, if the formal notice has not been answered or if the disagreement persists, the tenant may refer the matter to the court registry.

Who shall I contact

Judicial Tribunal

It may, however, choose to make prior use of the departmental conciliation commission.

Warning

the tenant must not under any circumstances stop paying all or part of his rent on the pretext that the landlord does not respect his obligations.

If the judge of the court finds that the dwelling does not meet the standards of decency, he may:

Force the owner to do the necessary work
Impose the rent reduction to be granted to the tenant
Impose damages on the tenant

To be considered a furnished rental, the accommodation must meet furnishing criteria. The The list of these criteria depends on the date the lease was signed.

A rental unit must have a minimum surface area. The minimum area differs depending on whether the accommodation is rented or rented colocation.

Rented accommodation

A rental unit must respect a minimum surface area. This is one of the criteria for decent housing.

The housing must have at least one main room with:

Let's say one living space of at least 9 m² and a ceiling height of at least 2,20 m
Let's say one habitable volume not less than 20 m³

Warning

departmental health regulations may impose more restrictive conditions.

Housing in colocation

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 criteria for decent housing.

The accommodation must have a minimum surface of 16 m² for 2 roommates. For each additional roommate, an additional 9 m² is needed.

Warning

departmental health regulations may impose more restrictive conditions.

Each roommate signs a lease

Each lease must specify the room with which each roommate has private use and the common areas available to all roommates (kitchen, bathroom, living room...)

Each roommate must have a room with an area of at least 9 m² and of a volume of not less than 20 m³ (common parts not taken into account).

Please note

the decent housing is evaluated by taking into account all the elements, equipment and rooms of the dwelling (and not just the room of which the tenant has private use).

The accommodation shall comply with the following conditions:

The accommodation provides closed and covered.
The main structure of the dwelling and its accesses is in good condition of maintenance and solidity and protects the premises against runoff and upwelling. The exterior carpentry and the cover with its fittings and accessories provide protection against water infiltration into the dwelling.
The housing is protected against parasitic air infiltration.
The doors and windows of the housing are sufficiently airtight.
The walls and walls of the housing opening to the outside or of the non-heated rooms are sufficiently air-tight.
Openings in rooms opening onto non-heated ancillary spaces shall be provided with doors or windows.
The chimneys are equipped with hatches.
Personal restraint systems (window guards, staircases, loggias and balconies) located in the accommodation and in its accesses shall be in a condition suitable for their use.
The nature, conservation and maintenance status of building materials, pipes and linings in the dwelling do not present any obvious risks to the health and physical safety of tenants.
Electricity and gas networks and connections comply with safety standards and are in good working and working order.
The heating and hot water production equipment complies with safety standards and is in good working and operating condition.
The housing allows sufficient ventilation.
The opening devices and any ventilation devices of the housings are in good condition. In addition, they allow air renewal and moisture evacuation adapted to the needs of normal occupancy of the housing and to the operation of the equipment.
The main rooms (intended for living or sleeping) have sufficient natural illumination and an opening giving to the open air, or to a glazed volume giving to the open air.

FYI

a room in the basement cannot be offered for hire.

Decent housing is housing that is not infested by pests (e.g. rats) or parasites (e.g. bed fleas, cockroaches).

The accommodation shall include the following equipment and comfort elements:

An installation allowing a normal heating
It must be fitted with devices for supplying energy and removing the products of combustion.
It must be adapted to the characteristics of the dwelling.
A drinking water supply facility
It must allow, inside the dwelling, distribution with sufficient pressure and flow rate for the normal use of its tenants.
Facilities for the evacuation of waste water
These installations must prevent the discharge of odors and effluents.
They must have a siphon.
A kitchen or a kitchen area enabling the installation of a cooking appliance and comprising a sink connected to an installation for supplying hot and cold water and to an installation for discharging waste water.
A sanitary facility inside the housing
It must include a toilet, separate from the kitchen and the room where meals are taken.
There must be personal toilet equipment with a bathtub or shower, arranged to ensure personal privacy, supplied with hot and cold water and provided with sewage disposal.
However, in the case of a single-room dwelling, the sanitary installation may be limited to a toilet outside the dwelling, provided that this toilet is located in the same building and easily accessible.
An electricity grid
It must provide adequate lighting for all rooms and accesses.
It must allow the operation of everyday household appliances essential to daily life.

To be decent, housing must not exceed a certain energy performance threshold.

For new leases concluded since 1^er january 2023, the housing is decent if its energy consumption is less than 450 kWh of final energy per square meter of living space and per year.

This consumption is estimated by the energy performance diagnosis (DPE).

Please note

This threshold does not apply to accommodation located overseas.

Warning

The energy performance criterion to be met should be for new lease agreements signed:

From 2025, between Class A and Class F
From 2028, between Class A and Class E (but in Dom, between Class A and Class F)
From 2034, between Class A and Class D (but in Dom, between Class A and Class E)

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 signs of indecency

The tenant must have the landlord specify, by registered letter with acknowledgement of receipt, the following information:

Compliance work that the owner undertakes to carry out
Time limits for carrying out this work

The owner disputes the signs of indecency

The tenant must demand that the owner carry out the compliance work by registered letter with acknowledgement of receipt.

After a period of 2 months, if the formal notice has not been answered or if the disagreement persists, the tenant may refer the matter to the court registry.

Who shall I contact

Judicial Tribunal

It may, however, choose to make prior use of the departmental conciliation commission.

Warning

the tenant must not under any circumstances stop paying all or part of his rent on the pretext that the landlord does not respect his obligations.

If the judge of the court finds that the dwelling does not meet the standards of decency, he may:

Force the owner to do the necessary work
Impose the rent reduction to be granted to the tenant
Impose damages on the tenant

Who can help me?

Find who can answer your questions in your region

Telephone administrative information - Allo Public Service
The informants who answer you belong to the ministry in charge of housing and city planning.
Cost: free service
Attention: the service does not have access to users' personal files and therefore cannot provide information on their progress.
The service is available at the following times:
Monday: 8.30am to 5.30pm
Tuesday: 8:30 to 12:15
Wednesday: 8:30 to 12:15
Thursday: 8.30am to 5.30pm
Friday: 1 p.m. to 4:15 p.m
Request a call
Info housing undignified (unsanitary, dangerous...)
An advisor of a departmental agency for information on housing (Adil) explains the steps to be taken if you live in an undignified housing (unhealthy, in danger...) or if you are aware of such a situation.
By telephone
0 806 706 806
Open from 9am to 12pm and 2pm to 5pm
Cost of a local call