DPE G: A new law could soften the prohibition for the rental of thermal colanders

At the end of January, two deputies had failed to adopt a bill providing out derogations from the ban, in force since January 1, to rent a noted G on the DPE. A senator takes up the main lines of this text in a new bill.

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Armand,, Denise,, Sébastien… These landlords testified to Capital the financial impasse in which the prohibition of rental of Thermal TOCKS noted G on the diagnosis of energy performance (DPE), in force since January 1, 2025. A prohibition which applies to leases concluded from this date, as well as during the renewal or the tacit renewal of lease contracts in course. Braving the law exposes you to a court of your tenant, who may ask a judge to order you to undertake an energy renovation and decrease The time for the work.

Good news for Denise, Armand, Sébastien and the donors of some 600,000 other classified rental housing In the private park, a new bill, which will be examined by the Senate in public session on April 1, provides exemptions from this rental prohibition. Carried by the senator Amel Gacquerre (Union centriste, Pas-de-Calais), it resumes the main lines of the bill that the deputies Bastien Marchive and Inaki Echaniz failed to have adopted, at the end of January, by an exploded National Assembly. Amel Gacquerre’s text may be more likely to reach a Senate clearly dominated by the right and the center.

Technical and administrative constraints

Intended for “Clarify the energy renovation obligations of housing and to secure their application in co -ownership”the bill excludes the landlord less from a housing G of the prohibition of rental if he made “All renovations technically and legally possible»» To try to improve the DPE note. For example, if an architect of buildings in France opposes your energy renovation work, and you are able to prove it, you will escape the ban on rent your accommodation.

Ditto if you can attest to the refusal of the general meeting (AG) of the co-owners to start work in the common areas without which your property, for example located above the garage or on the top floor of the building, cannot See your Improved DPE. If, on the contrary, the GA agrees to vote for such an energy renovation, you can derogate from the rental prohibition during the work time. Provided, however, to prove that the co -ownership union has signed a Project management contract with a professional responsible for coordinating the site and that the duration of the work does not exceed five.

A drop in rent proportionate to the damage suffered

Finally, If it is the tenant who hinders When carrying out the work, for example by refusing to let the craftsmen enter, he will not be able to take advantage of a breach of the lessor to his obligation to provide decent accommodation on the energy plan. Concretely, the tenant will not be able to seize a judge to ask him to order the lessor to do work and, in the meantime, their completion, to lower the rent. Regarding this famous drop in rent, the bill specifies that it should be “”proportionate to the damage suffered by the tenant due to the slightest energy performance of his accommodation ”. In other words, proportionate to the increase in its energy bill linked to the fact that the DPE is G and not D, for example.