Thermal TOCKS G: The Senate adopts the law allowing to derogate from the rental ban

The Senate adopted, this Tuesday, April 1, the bill allowing owners landlords housing to derogate from the prohibition to rent for noted goods G on the DPE. The text must now be examined by the National Assembly.

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Since January 1, 2025, the housing noted G On the energy performance diagnosis (DPE) are prohibited from rental. However, the energy renovation work necessary to improve the note of the DPE are complicated in condominiums, due to the complexity and the length of the decision -making. At the very beginning of the year, two deputies had failed to adopt by the National Assembly a bill establishing derogations from the prohibition of rental For G -located in condominiums. Senator Amel Gacquerre has taken over the main lines of this text, supported by the Minister of Housing, Valérie Létard, in a bill, adopted by the Senate in public session this Tuesday, April 1.

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 of co-ownership or the trustee 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 its improved DPE. If, on the contrary, the condominium has undertaken to carry out a energy renovationyou will be able to derogate from the prohibition of rental during the work, for a maximum of five years. This period is reduced to three years for buildings in a single-ownership (detained by a single owner) and for individual houses.

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The cost of renovation taken into account

If the cost of energy renovation is “Obviously disproportionate to the value of the property”you will also be exempt from the rental prohibition. In addition, in order to limit the Refusal of complacency On the part of the condominium trustee, the refusal only applies if it intervened less than three years ago. Finally, the Individual houses Being the dwellings that have the most energy customers within the private rental stock, with a rate of 23% against 17% for condominiums, they are integrated in the field of the bill.

In addition, condominiums comprising people with divergent interests, between occupying owners not concerned by the prohibition to rental of thermal and landlords landlords, the Collective DPE – that of the building – is taken into account, in place of that of individual housing, when its note allows to satisfy the obligation of energy decency. The bill must now be examined by theNational Assembly.

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