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Is it possible to rent a dwelling located in an area of undignified housing?

Verified 27 mai 2022 - Legal and Administrative Information Directorate (Prime Minister)

Yes, but you have to make a statement after leasing, or obtain prior authorisation to rent from the town hall (or the EPCI is competent in the area of housing).

To know if the accommodation is located in a undeveloped habitat area and what the procedure is, ask the town hall or theEPCI of the town of lodging for rent:

Who shall I contact

  FYI : tourist rentals are not affected, as they are subject to other obligations.

Declaration

The owner of the empty or furnished rented accommodation must make a leasing declaration within 15 days of the rental.

The landlord must renew this approach every time a new tenant is hired.

But the owner does not have to do this when renewing or renewing the lease, nor when drafting a attractive lease.

The owner must make the declaration within 15 days of signing the lease.

The declaration includes the following documents:

Declaration of rental of accommodation

Cerfa n° 15651*01 - Ministry of Housing

The return must be sent by mail or filed atEPCI or the town hall where the accommodation is located. Some municipalities accept sending the declaration by email.

Who shall I contact

Full Statement

If the declaration is complete, the owner receives a receipt within one week of the filing of the return. He must send a copy to the tenant.

Incomplete Declaration

If the return is incomplete, the owner shall receive an acknowledgement of receipt within one week of the filing of the return indicating the documents that remain to be provided.

  FYI : to obtain third party payment from housing assistance granted to the tenant (direct payment to the landlord), the landlord must present to the Caf (or MSA) the receipt of the return.

The owner who rents out a dwelling without having made the prior declaration risks up to €5000 fine.

Application for prior authorisation

The owner must obtain an authorisation before signing the lease.

The landlord must renew this approach before each lease with a new tenant.

But the owner does not have to do this when renewing or renewing the lease, nor when drafting a attractive lease.

The owner must obtain the authorisation before signing the lease.

The application for authorisation shall include the following documents:

Application for prior authorisation to rent accommodation

Cerfa n° 15652*01 - Ministry of Housing

You have to send the request to the town hall or theEPCI concerned. Some municipalities accept sending the request for authorisation by email.

Who shall I contact

  Please note : after the request for authorisation has been sent or filed, the municipality shall issue an acknowledgement of receipt to the owner.

From the date of acknowledgement of receipt, the town hall orEPCI has 1 month to make its decision.

The EPCI or the commune may make one of the following decisions:

  • Either grant permission
  • Either make the authorisation conditional on the prior realisation of works or installations (for example, where the accommodation is not decent)
  • Or refuse permission. The refusal decision shall indicate the work or accommodation to be carried out in order to bring the housing into conformity with the requirements of safety and health.

  FYI : in the case of a dwelling in a building subject to order or order, permission is necessarily denied.

When renting accommodation

The owner must attach the resulting authorisation to the lease.

This authorisation is valid for 2 years.

Therefore, if the owner has not rented the house within this period and now wants to do so, he will have to apply for a new authorisation.

  Reminder : in all cases, the owner must apply for a new authorisation each time a new lease is offered. But this is not necessary in the event of renewal or renewal of the lease, nor in the drafting of a attractive lease.

When the rented accommodation is sold in progress

When Owner sells the rented accommodation during the lease, the new owner (i.e. the buyer) must declare the transfer of the authorisation.

To do this, he must send the cerfa form n°15663 to the town hall or theEPCI competent.

Application for the transfer of prior authorisation to rent accommodation

Cerfa n° 15663*01 - Ministry of Housing

Who shall I contact

  FYI : the transfer takes effect on the date of filing by the new owner of the transfer request.

Authorisation not requested

Leasing the house without first requesting permission is punishable by a fine of up to €5 000.

In case of a repeat offence within 3 years, the fine may be up to €15 000.

Refusal of non-compliance

Leasing the house despite the refusal of the request for authorisation is punishable by a fine of up to €15 000.