This is a small revolution for thousands of owners affected by the rental permit. From Lille to Marseille, via Bordeaux, more than 700 municipalities now apply this system created by the ALUR law of 2014. The principle? Each rental requires obtaining prior authorization issued by the town hall. The objective is toprevent the placing on the market of unsanitary or dangerous housing. But this formality will soon no longer be imposed on everyone. The government has in fact decided to make it possible for municipalities to exempt owners who entrust the management of their housing to a real estate professional from requiring a rental permit.
A measure requested for a long time by the National Real Estate Federation (FNAIM). Its president, Loïc Cantin, believes that property managers already carry out the checks required by regulations. “The very basis of the rental permit is in particular to verify that the accommodation corresponds well to the decency decree of January 30, 2002 »he recalls. However, according to him, imposing additional control on housing managed by professionals amounts to creating a redundant procedure. ” THE decency decreewe have always applied it. We rent decent accommodation”he insists.
Rental license: what will change for landlords
The measure stems from a written response on June 2 from the Minister responsible for Cities and Housing, Vincent Jeanbrun, to a parliamentary question. The government believes that property managers already offer sufficient guarantees to control the conformity of rental accommodation. Thus, municipalities which apply the rental permit may decide to exempt owners who entrust the management of their property to a property manager from this formality.
Landlords who manage their own accommodation would remain subject to the system. The precise terms of this exemption must still be clarified. For Loïc Cantin, this development constitutes a form of recognition of the work carried out by the profession. “It is superfluous to ask us to have a rental permit when we ourselves respect this decree”he says.
When will this rental license exemption come into effect?
It now remains to translate this orientation into reality. According to several industry sources, the measure could be integrated into the housing recovery bill presented by the government this June 24 in the Council of Ministers. Once adopted by the Council of Ministers, the text will be entrusted to the Economic Affairs Committee of the National Assembly.
After a series of hearings scheduled for July, it could be examined in session in September or early Octoberdepending on the parliamentary calendar. The government then hopes for adoption by the Senate before, or from the start, of the examination of the finance bill.
Once the legal framework has been clarified, each municipality having introduced the rental permit will have to decide whether or not it grants this exemption to owners going through a property manager. In practice, the application of the reform could therefore vary from one city to anothersome communities choosing to maintain systematic control while others could simplify the procedures for landlords using a professional.
Why has the FNAIM been demanding this exemption for several years?
The federation has defended this position since the start of its president’s mandate. According to Loïc Cantin, property managers are already subject to numerous legal obligations. “It is a regulated profession, we have professional liability insurance and we are criminally responsible for our actions”he emphasizes.
Real estate agencies check in particular the ventilation systems, the electrical installation, traces of humidity, the general condition of the accommodation and even the heating equipment before any rental. “When we rent accommodation, we must comply with the decency decree. Otherwise, the professional is exposed to sanctions and liability. recalls the president of the FNAIM.
Does the rental permit really slow down rentals?
This is one of the main arguments put forward by professionals. According to Loïc Cantin, obtaining a rental permit can sometimes considerably delay the re-rental of a property. “Some rentals are blocked, they are suspended from the administrative agreement”he laments. The manager mentions delays that could reach several weeks. “If the community takes time to set the appointment, submit its report and then issue the permit, this can easily delay the re-rental by five to six weeks”he explains.
In tense areas, where the tenant’s notice of departure is often limited to one month, these delays can have significant consequences for both owners and rental candidates.
Will mayors agree to give up part of the controls?
The reform will not eliminate the rental license. It will give communities the option of granting or not this exemption to professionals. For the FNAIM, the municipalities have every interest in taking advantage of it. “Send agents to the field to carry out an inspection that we have already carried out costs money to communities »believes Loïc Cantin. This exemption could therefore allow municipalities to concentrate their resources on housing that really presents a risk of unsanitary conditions or non-compliance.
The president of the FNAIM also emphasizes that mayors will retain the power of control. “If they have the slightest doubt or if they suspect a professional of not respecting his obligations, they can remove this exemption », he recalls.
A measure that is debated
If the FNAIM welcomes progress, the reform is not unanimous. Some representatives of tenants and independent owners are already denouncing a form of differentiated treatment between landlords who go through an agency and those who manage their property themselves. In the event of non-compliance with the rental permit, lessors are exposed to fines of up to 5,000 euros in the event of no declaration, and 15,000 euros in the event of another forgetting within three years, or if the rental is carried out despite the rejection of the authorization request
For Loïc Cantin, the distinction is nevertheless justified by the guarantees provided by the professionals. “ Our profession has this side of being regulatory virtuous. For once she can take advantage of the obligations weighing on her, so much the better.”he believes. It now remains to be seen how many municipalities will actually choose to apply this exemption. Because if the government has opened the door, the final decision will belong to the mayors.
