Can a dwelling be rented in an area of unworthy or degraded habitat?
Verified 12 April 2024 - Directorate for Legal and Administrative Information (Prime Minister)
Yes, but you have to make a declaration for leasing, or obtain prior authorization to be rented, from the mayor or the president of theEPCI: titleContent has jurisdiction over habitat.
The mayor, or the president of the EPCI responsible for housing, may define zones of undignified housing on its territory.
To find out if the private accommodation you want to rent is located in one of these areas, you need to inquire with the City Hall or theEPCI: titleContent of the municipality of the dwelling to rent:
FYI
Anah's contracted housing and social housing are subject to other rules.
Statement
The owner of the empty or furnished rental unit (or his representative) must make a lease declaration at each lease housing with a new tenant.
But the owner does not have to do that in case of:
- Renewal or renewal lease
- Writing a agreeable to the lease.
Owner must make the declaration within 15 days after the lease is signed.
The declaration shall include the following documents:
- Technical diagnosis
- 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.
FYI
The owner must present to the Caf: titleContent (or the MSA: titleContent(b) the receipt of the lease declaration to obtain the direct payment of housing assistance granted to the tenant.
There are two possible situations, depending on whether or not the owner provided all the information at the time of filing:
Full Declaration
If the declaration is complete, the owner or his representative receives a receipt within one week of the filing of the return. He must send a copy to the tenant.
In case of incomplete declaration
Where the declaration is incomplete, the owner or his representative shall receive within one week of the lodging of the declaration an acknowledgement of receipt indicating the documents still to be provided and the time limit for doing so.
If the owner does not meet this deadline, he must file a return again.
FYI
The owner must present to the Caf: titleContent (or the MSA: titleContent(b) the receipt of the lease declaration to obtain the direct payment of housing assistance granted to the tenant.
The landlord who rents a unit without having made the prior declaration risks up to €5,000 of fine.
When the prefect is informed that the owner has not complied with the reporting obligation, the owner has 1 month to justify his situation to the prefect. The owner can regularize his situation within this period. In this case, he shall send the prefect a copy of the receipt for lodging the declaration.
FYI
All this has no effect on the lease signed by the tenant.
Prior authorization
Owner must get permission before each lease with a new tenant.
But the owner does not have to do that in case of:
- Renewal or renewal lease
- Writing a agreeable to the lease.
The owner or his representative (notary, real estate agent...) must obtain the authorization before the rental.
The application for authorization shall include the following documents:
- Technical diagnosis
- Cerfa Form No. 15652
Application for prior authorization to rent accommodation
He 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 lodged, the municipality issues a acknowledgement to the owner.
From the date of acknowledgement of receipt, the mayor or president of theEPCI: titleContent 1 month to make a decision. No reply within that period, the authorization shall be regarded as granted.
During this period, the mayor or the president of the EPCI may have all the visits done which he found useful for examining housing.
When the dwelling is used as a dwelling (in whole or in part), visits must take place between 6 a.m. and 9 p.m. Where the occupant of the dwelling refuses the visit, or where the person who may authorize access to the dwelling cannot be contacted, the visit may take place only with the authorization of the liberty and detention judge the court on which housing depends.
The mayor or president of the EPCI may make one of the following decisions:
- Either grant the authorization. The authorization obtained is valid for 1 rental for 2 years thereafter.
- Make the authorization conditional on prior work or alterations being carried out
- Or refuse permission. The refusal decision indicates the work or alterations to be carried out to bring the dwelling into conformity with the safety and health requirements. This decision shall be forwarded to the Caf: titleContent, at the MSA: titleContent and taxes.
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.
The owner of the dwelling must provide the authorization at the following times:
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When renting the accommodation
The owner must attach the authorization obtained to the lease.
This authorization is valid for 1 rental during the 2 years that follow.
If the property has not been rented within the 2-year period, the owner must apply for a new authorization to rent the property.
Reminder
In all cases, the owner must make a new application for authorization at each new leasing.
After the purchase of the dwelling under lease
When the owner sells the rented accommodation during the lease, the new owner (i.e. the buyer) must declare the transfer of the valid 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.
In the case of transfer free of charge
The new owner must declare the transfer of the valid 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.
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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.
When the prefect is informed that a person has rented a house without having previously submitted an application for authorization, the owner has 1 month to justify his situation to the prefect. The owner can regularize his situation within this period. In this case, he shall send the prefect a copy of the receipt for lodging the application for authorization.
FYI
All this has no effect on the lease signed by the tenant.
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.
FYI
All this has no effect on the lease signed by the tenant.
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Prior authorization
Prior authorization (and its transfer)