Can a dwelling located in an area of unworthy habitat be rented?
Verified 27 May 2022 - Directorate for Legal and Administrative Information (Prime Minister)
Yes, but you have to make a declaration after the lease, or obtain prior authorization for rent from the City Council (or the EPCI is responsible for housing).
To find out if the accommodation is located in a area of unworthy habitat and what to do, ask the city council or theEPCI: titleContent of the municipality of the dwelling to rent:
FYI
tourist rentals are not affected, as they are subject to other obligations.
Statement
The owner of the empty or furnished rented accommodation must make a lease declaration within 15 days of the rental.
The landlord must renew this approach each time a new tenant is hired.
But the landlord does not have to do this when renewing or renewing the lease, or when drafting a new lease agreeable to the lease.
The landlord must make the declaration within 15 days of signing the lease.
The declaration shall include the following documents:
- Technical diagnosis annexed to the lease
- Cerfa Form No. 15651
Declaration of rental of accommodation
The return must be mailed or filed with theEPCI: titleContent or the town hall of the municipality where the accommodation is located. Some municipalities accept the sending of the declaration by email.
Full Declaration
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 declaration is incomplete, the owner shall receive within one week of the lodging of the declaration an acknowledgement of receipt indicating the documents still to be provided.
FYI
to obtain third-party payment of housing assistance granted to the tenant (direct payment to the landlord), the landlord must present to the Caf: titleContent (or the MSA: titleContent(b) the receipt of the declaration.
The landlord who rents a unit without having made the prior declaration risks up to €5,000 of fine.
Prior authorization
The landlord must obtain authorization before signing the lease.
The landlord must renew this approach before each rental with a new tenant.
But the landlord does not have to do this when renewing or renewing the lease, or when drafting a new lease agreeable to the lease.
Owner must obtain permission before signing lease.
The application for authorization shall include the following documents:
- Technical diagnosis annexed to the lease
- Cerfa Form No. 15652
Application for prior authorization to rent accommodation
You must send by mail or submit the request for authorization to the City Hall or theEPCI: titleContent concerned. Some municipalities accept the sending by email of the request for authorization.
Please note
after the application for authorization has been sent or submitted, the municipality issues an acknowledgement of receipt to the owner.
From the date of acknowledgement of receipt, the town hall or theEPCI: titleContent 1 month to make a decision.
The EPCI or the municipality may take one of the following decisions:
- Grant the authorization
- Or make the authorization conditional on prior work or development (for example, where the dwelling is not decent)
- Or to refuse his authorization. The refusal decision indicates the work or alterations to be carried out to bring the dwelling into conformity with the safety and health requirements.
FYI
in the case of a dwelling situated in a building which is the subject of health order or a order of peril, authorization shall be refused.
When renting the accommodation
The owner must attach the authorization obtained to the lease.
This authorization is valid for 2 years.
Therefore, if the landlord has not rented the unit within this period and now wants to do so, he will have to apply for a new authorization.
Reminder
in all cases, the landlord has to re-apply for authorization each time a new lease is placed. However, this is not necessary in the case of renewal or renewal of the lease, nor when drafting a agreeable to the lease.
When the rented accommodation is sold during the lease
When the owner sells the rented accommodation during the lease, the new owner (i.e. the buyer) must declare the transfer of the authorization.
To do this, he must send the cerfa form n°15663 to the City Hall or to theEPCI: titleContent competent.
Request for transfer of prior authorization to rent accommodation
FYI
the transfer shall take effect on the date of the filing by the new owner of the transfer request.
Permission not requested
To rent the accommodation without having requested prior authorization is punished by a fine of up to €5,000.
In the event of a repeat offense within three years, the fine may be up to €15,000.
Denial of authorization not respected
To rent the accommodation despite the refusal of the application for authorization is punished by a fine of up to €15,000.
Who can help me?
Find who can answer your questions in your region
- Construction and housing code: articles L634-1 to L634-5Statement
- Construction and housing code: articles R634-1 to R634-5Statement
- Construction and housing code: articles L635-1 to L635-11Prior authorization
- Construction and housing code: articles R635-1 to R635-5Prior authorization (and its transfer)
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- Rent your second home (furnished tourist)Service-Public.fr