What is a rental declaration?
A rental declaration is a step to be taken by the lessor when he decides, for the first time, to propose your property on the rental market. The device is provided for by the articles L. 634-1 et seq. of the Construction and Housing Code. The goal is clear: it is to prevent substandard housing from being offered for rental.
Good to know: the rules relating to decent housing concern both its surface area and its equipment. They are set by the Decree No. 2002-120 of January 30, 2002 (relating to the characteristics of decent housing taken for the application of article 187 of law no. 2000-1208 of December 13, 2000 relating to solidarity and urban renewal).
Do I have to declare the rental of my property to the town hall?
It all depends on the situation of the accommodation because the declaration does not concern all the accommodation in the entire territory.
Thus, to determine whether a rental declaration is mandatory, iYou must contact the EPCI – the public establishment of intercommunal cooperation competent in housing matters and the town hall. It is these two interlocutors who determine the geographical areas subject to declaration (article L. 634-1 of the Construction and Housing Code). The town hall does this through a decision of the Municipal Council taken within the framework of the town’s planning powers.
The zones are delimited according to their proportion of degraded habitat. They are established according to several objectives. The main thing remains the fight against substandard housing. This determination of zones is done in accordance with the local housing program in force, if it exists, and the departmental action plan for housing and accommodation for disadvantaged people. In this context, these zones may concern one or more real estate complexes.
For each of the geographical zones, the deliberation of the EPCI or the municipal council may specify the reasons for its decision, namely the categories and characteristics of the housing which will be subject to prior authorization and must mention the date of entry into force of the system.
How to declare the rental of accommodation?
The declaration of rental of accommodation is done via a form. It bears the reference Cerfa 15651*01 and is available online. It must be completed and sent either to the competent EPCI deliberative body, or to the services of the municipality concerned. The declaration can be sent by email as long as the EPCI or the municipality allows it. Among the information requiredthere are the name, first name and address of the lessor, the address of the property concerned by the declaration, the designation and the consistency of the accommodation.
A receipt will be provided to the owner to attest to the submission of the application. If this is incomplete, he must provide the missing documents and information within one month. (articles R. 634-1 et seq. of the Construction and Housing Code).
When is the rental declaration mandatory?
The rental declaration is mandatory as soon as the accommodation is newly rented or is the subject of a new contract within the framework of law no. 89-462 of July 6, 1989. The accommodation can be rented furnished or empty, indifferently (article R. 634-1 of the Construction and Housing Code).
Good to know: leases extended by tacit extension are therefore not concerned. This is the case if the tenant remains in the accommodation at the end of three years without there being any question of a new lease or departure: the contract is considered to be extended. If, on the other hand, there is a change or a new tenant, the declaration will be required. Finally, note that other rental regimes (seasonal rentals for example) are not subject to to this reporting obligation.
Good to know: Do not confuse rental declaration and rental authorization request. The first approach is simply declarative while the second is more restrictive. Following the authorization request, an investigation may be initiated. The president of the EPCI or the mayor concerned can carry out visits to examine the accommodation (following a period of one month from the submission of the authorization request).
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