Rental permit: definition, conditions and application

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4 min

Rental permit is a system set up by the Alur law. It allows municipalities to apply measures to check the condition of properties before they are rented out and thus combat poor housing. Which cities require a rental permit? What are the steps to obtain one? How long is it valid? Answer.

Capital Video: Rental permit: definition, conditions and application

What is the rental permit?

Areas subject to prior authorization for rental

The rental permit is a system that was put in place by the ALUR law n°2014-366 of March 24, 2014. It is codified by the Construction and Housing Code (CCH) in articles L. 635-1 to 11 and R. 635-1 et seq.

These articles allow public inter-municipal cooperation establishments (EPCI) or municipalities that wish to do so to delimit “zones subject to prior authorization for rental in areas with a significant proportion of degraded housing”.

A check on the decency of rental accommodation

In other words, thanks to this system, local stakeholders can choose to control the rental market in a given area, in order to combat substandard housing. In this way, they ensure that the housing is neither dangerous nor unsanitary before it is rented out.

Types of rental permits

Depending on the choice made, the rental permit will take two forms. Landlords in the areas concerned will either have to carry out a:

• Rental declaration
• Prior authorization for rental

Who is concerned by the rental permit?

The procedures relating to the rental permit are the responsibility of the lessors and property managers mandated by the owners whose real estate is located in an area where the system applies. In percentage terms, a small proportion of municipalities are concerned today, but the system is gradually expanding.

When it is enacted, the rental permit applies to any new rental in the area concerned. On the other hand, the renewal of the lease or the conclusion of an amendment with the tenant do not result in the application of the system (articles R. 634-1 and R. 635-1 of the Construction and Housing Code). This requires a new rental lease with change of tenant.

What types of accommodation are affected?

Apartments and houses that meet the criteria of the municipality

The rental permit system can affect an entire municipality as well as certain districts. Where applicable, criteria relating to eligible properties can be decided by the public authority. Some buildings on the same street may be included in the system and others not.

The accommodations concerned by the rental permit are those located in the area delimited by the decision taken by the public authority, rented empty or furnished and subject to the application of law n°89-462 of July 6, 1989 (accommodation rented as a principal residence). It is up to the city to define the criteria. For example:

• type of accommodation (3-room, studio, etc.)
• characteristics of the building (date of construction, number of apartments, etc.)

Housing not affected

The device does not apply:

• to housing rented by a social housing organization,
• to housing which benefits from an agreement with the State in application of article L. 351-2 of the Construction and Housing Code.

Which cities require a rental permit?

Ask the town hall for information

To date, there is no official census of cities requiring a rental permit. You must therefore contact your local town hall before any new rental in order to determine whether such a decision has been taken or not.

Bordeaux, Rouen, Lille, Perpignan, Marseille… the cities concerned

In no particular order, we can cite areas subject to rental permits all over France and to varying extents:

• In certain districts of Aubagne, Marseille, Aix-en-Provence, Martigues, Istres, Gardanne (Aix-Marseille metropolitan area, south of France);
• In 18 municipalities of Perpignan Méditerranée Métropole (Pyrénées-Orientales);
• In the city of Bordeaux (Gironde);
• In the town of Blanc-Mesnil (Seine-Saint-Denis);
• In certain districts of Rouen (Normandy) for buildings dating back more than 15 years;
• In Lys-Lez-Lannoy in the North…

The system is gradually becoming more widespread. For example, the Lille metropolitan area has been implementing it compulsorily since January 1, 2024 in 30 municipalities.

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How to get a rental permit?

Cerfa form to complete for a rental request

The process for obtaining a rental permit is simple, you just need to fill out a form and provide supporting documents. Two types of Cerfa forms are made available to landlords, depending on the system set up by the public authority in the area concerned:

Technical diagnostic file to be attached

Please note that the technical diagnostic file must be attached to any request for authorization to rent out accommodation. It may include:

• the observation of natural and technological risks,
• the finding of exposure to lead,
• asbestos and electrical diagnosis,
• the DPE…

Sending the file by registered letter

These documents must be completed and submitted to the public institution or the competent town hall depending on the geographical area concerned. The sending is done by registered letter with acknowledgment of receipt. The submission of the file gives rise to a receipt.

What is the response time from the town hall?

The town hall has one month to process the request and arrange for a technician to come and check the accommodation. There are then three possible scenarios:

• the request is accepted, the authorization must be attached to the rental agreement by the owner;
• the authorization is subject to the condition of carrying out compliance work, a new check takes place after receipt of the work;
• permission is refused, the accommodation is considered to be a threat to the safety of tenants.

In the absence of a response, within one month of filing the request, silence is deemed to be authorization to rent (article L. 635-4 of the CCH).

How long is a rental permit valid?

The rental permit becomes void if it is not followed by a rental within two years of its issue (article R. 635-3 of the Construction and Housing Code). It must be renewed for any new rental entry.

What are the penalties for non-compliance?

In the event of a breach of the system, the landlord may be fined between 5,000 and 15,000 euros. The cumulative proceeds of the fines – previously paid to the National Housing Agency (ANAH) – are now made available to the municipalities or the inter-municipality. On the other hand, the lack of prior authorization or the absence of a declaration has “no effect on the lease from which the tenant benefits” (article L.635-8 of the CCH).