DPE “G”: what are you risking by renting these accommodations after January 1, 2025, despite the ban?

The proposed law allowing co-ownerships, under certain conditions, to derogate from the ban on rental of G housing as of January 1, 2025, begins its legislative journey.

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The countdown is accelerating for landlords of housing labeled G on the energy performance diagnosis (DPE). The Climate and Resilience Law of 2021 prohibits them from renting these energy strainers from January 1, 2025. The proposed law (PPL) carried by deputies Bastien Marchive (Radical Party related to the Ensemble pour la République group) and Inaki Echaniz (Socialists ), examined this Wednesday, November 27 by the Economic Affairs Committee of the National Assembly, however provides for a exemption for G dwellings located in co-ownership. The ban on renting accommodation G will be suspended if its owner proves that the co-ownership has voted in the general meeting (GA) to carry out work in the common areas, without which its property will not be able to escape the status of thermal sieve. The suspension of the rental ban will last for the duration of the work but the PPL does not set a maximum deadline. “We must let parliamentarians debate. A period of between 12 months and 5 years is good!”indicates the Ministry of Housing Capital.

The problem is that this PPL has just started its legislative journey. Also, although the government has initiated the accelerated procedure on this text, with only one round trip planned between the National Assembly and the Senate, instead of two, “There is unlikely that it will be adopted by December 31»worries MP Thibault Bazin (Les Républicains). Even, “between January 1, 2025, when G-rated housing can no longer be rented, and the date of entry into force of this law, several months could pass”continues the parliamentarian, pointing out the risk of “forte legal uncertainty» for landlords.

What are the risks of defying a rental ban?

If they are lucky enough that the co-ownership general meeting has already voted for energy renovation work, will they still take the risk of “conclude a lease even though this law has not come into force? In other words, will they agree to sign a lease for accommodation whose rental is theoretically prohibited for a few months? What will be the risks for them?asks Thibault Bazin. For the MP, “this uncertainty will push many owners of housing classified G, although eligible to benefit from the provisions of this law (thanks to the work voted in AG), to withdraw their properties from the rental market”further aggravating the difficulties faced by households in finding accommodation.

Olivier Safar, president of Unis (union of co-ownership trustees) Ile-de-France, confided in early November to Capitalduring the Paris co-ownership fair, received a number of questions from landlords on this subject. Bastien Marchive agreed on Wednesday, his bill “risks not applying from January 1» and proposed “to talk about it again when the text is examined in session” by the National Assembly, Tuesday December 3. Thibault Bazin called on this occasion to “a commitment (from the government) to security” this point for landlords.

Rental ban for current leases upon renewal

Loïc Cantin, president of the National Real Estate Federation (Fnaim), has another concern. According to the bill, the ban on renting G accommodation from January 1, 2025 “will only apply to (lease) contracts newly concluded» from this date. For leases in progress on January 1, 2025, the ban on rental of G strainers will apply at the time of their tacit renewal or their official renewal. Concretely, if, on January 1, the tenant of your accommodation G still occupies it and the lease has not expired, you will not be outside the law.

On the other hand, if the lease that has bound you for three years expires on February 1, for example, “your tenant will be able to ask a judge for suspension of rent paymentunder the ban on renting accommodation G. The judge may accept this request and order you to undertake energy renovation work.Loïc Cantin is alarmed. For the president of Fnaim, the ban on rental of G strainers should only apply to leases concluded from January 1, 2025, not to those subject to renewal after this deadline. Like Thibault Bazin, he fears seeing landlords sell their homes because of these uncertainties, “thereby accelerating the attrition of the rental stock”.