The housing noted G on the diagnosis of energy performance can not be rented since January 1, 2025. What about the current leases? Are there exceptions? The responses of the lawyer Romain Rossi Landi, in the program “Le Grand Rendez-vous de l’Emal du Realm” (Capital/Radio Immo).
Capital video: Owner of an accommodation noted G on the.Dpe, do I still have the right to rent it?
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– If the tenant of Nathalie had not given his notice, she could continue to rent the apartment to him, but only until the anniversary of the signature of the lease.
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Landlord of accommodation noted G on the Energy performance diagnosis (DPE)Virginie has just received the departure notice of her tenant and is therefore preparing to look for another. Only here, she heard that, since January 1, 2025, The goods classified G can no longer be rented. So she admits “Very worried”faced with the possible loss of his rental income. “Very energy -consuming, the accommodation noted G can no longer be subject to a new lease contract since January 1, 2025“Specifies Me Romain Rossi Landi, lawyer specializing in real estate law, in the program” Le Grand Rendez-vous de l’Emalmboards “(Capital/Radio Immo).
If Nathalie’s tenant had not given his notice, she could continue to rent the apartment for her, but only until the anniversary of the signature of the lease. Indeed, “The prohibition of rental of G -housing does not only apply to new leases concluded from January 1st but also during the REGULATION OF BAUX currently underway “underlines the lawyer.
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No recourse of the tenant, no risk for the lessor
Me Romain Rossi Landi, however, evokes a rental ban “In theory”. This is provided for by the climate and resilience law of 2021, which defined a Energy indecency housing, “In the same way that accommodation of less than nine square meters is indecent“, Puts the lawyer in parallel. “However, despite the ban, there are housing of less than nine square meters that are rented”, he observes. It therefore does not exclude that owners of Gs G continue to rent them.
With what risks? “If the tenant does not understand the court, nothing will happen to the owner. There will be no fine which will fall on him automatically “assures Me Rossi Landi. On the other hand, “If the tenant is well informed of the climate and resilience law and he initiates an appeal against his owner with a court, he may obtain Udo not decrease, even a suspension, rent, The time that his lessor does the energy renovation work necessary to take the accommodation from the G label »he warns.
DPE G: “The condominium refuses the work, I will have to sell at a loss”
Legal or technical impossibility of carrying out work
Gold “There are lots of cases where the owner is goodwill But cannot do work because it is technically or legally impossible ”he objected. The lawyer cites the case of one of his customers, who “Did the maximum to improve the G note of his apartment, changing the windows, the shutters, the hot water tank. But nothing helps, only the change in the boiler of the condominiumwhich dates from 1995, could allow its property to be better rated on the DPE. However, the other co -owners do not want to finance the change in the boiler ”.
A bill Transpartisan, carried by the deputies Bastien Marchive and Inaki Echaniz and supported by the government, was to allow thermal colanders located in co -ownership to derogate from the prohibition of rental if their owner proved that he had done everything possible to carry out a Energy renovation but that he had encountered a legal or technical obstacle. But its authors withdrew it, the National Assembly having emptied it from its meaning. “It is necessary toConfidence in the judge»»which will appreciate, depending on the case, if the lessor can be exempt from the rental ban, urges Me Rossi Landi.
DPE: This is how to go from G to F to avoid the ban on rent in 2025, and at what cost
Our experts – real estate agents, notaries, lawyers – answer you
Anticipating “Litigation”he advises Virginie and other owners of some 600,000 homes G of the private rental park of “Doing work, as quickly as possible”. Work that the National Federation of Real Estate (FNAIM) estimates to 40,000 euros on average. An amount to be remembered for the owners donors of housing noted F and E: the first will be prohibited from renting from 2028 and the round of the latter will come in 2034.
Are you an owner, buyer, seller still investor and do you also have a legal, tax or practical question? Do not hesitate to connect to the Facebook group Le Proprios club To ask your questions. The 14,000 members of this group, created and managed by capital, will be happy to deliver their feedback. In a second step, we will also try to bring back your questions to submit them to our experts who will answer them in the next issues of the “Great Rendezencies”.
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