The purpose of the Act for Access to Housing and Urban Renovated, adopted February 19, 2014 by the National Assembly, is to promote access for all to decent and affordable housing. To do this, the law provides a framework including rents.
The Act has three main components. It amends the substantive law primarily against tenants (I), owners (II) and real estate professionals (III).
I- Regarding the tenant
A- Capping rents in urban areas housing shortage
ALUR law provides limit the level of rents and to contain their rise in cities where housing is scarce and there is a significant imbalance between supply and demand. Median rent of reference will be adopted each year by order of the prefect , depending on rents for the same area in the same geographic region. This amount may be increased by 20% or minus 30%.
In the event that an owner would increase the rent by more than 20 % , the tenant may assign it to the competent court , to see the rent reassessed by the judge.
Meanwhile , the law is intended to strengthen the role of committees to coordinate actions to prevent evictions ( CCAPEX ) and ensure better coordination with the solidarity fund for housing (FSL) .
B- The application of a simplified social housing
ALUR law provides reform the social housing allocation system, simplifying the procedures for requesting an award . Then the applicant will have a right to information about the progress of his case. In addition, he will have the opportunity to file his case via the Internet.
II- As the owner
A- For furnished accommodation
Regarding furnished accommodation , the law limiting conditions repossession . In fact, now when the owner wants to take her home, this right can be for himself , his spouse ( partner, married or PACS ) , ascendants , descendants and those of his spouse . In the past , the recovery was not reduced only to the family circle .
For tourist furnished , ALUR law provides submission to an authorization scheme in areas where housing demand far outstrips supply . The owner must then obtain the authorization of the general meeting of the condominium and the authorization of the town hall.
The Act establishes a universal guarantee of rents which will come into force on 1 January 2016. The purpose of this guarantee is to compensate donors in case of unpaid rent . This is to facilitate access to housing . In fact , many homeowners are reluctant to put their property to rent , for fear of defaults. Parallel to the unpaid compensation for the landlord , the tenant will be accompanied by difficulty .
B- Degraded condominiums
The law provides a lower threshold implementation of approaches regarding outstanding against property managers , now the threshold would increase from 25% to 15 %.
The law provides incentives for landlords to rehabilitate their homes , providing punish negligent owners , condemning the ban on buying real estate for about 5 years in their own name or under the guise of an intermediary company .
III- As regards real estate professionals
A- Strengthening training, conduct and control of occupational
The law aims to regulate the profession benefit by clearly delineating the various real estate activities. In addition, all professionals must purchase professional liability insurance. Finally, criminal and administrative penalties are created in case of exercise of the profession while the person is subject to a prohibition or the fact of rent a property unsafe .
B- As regards the costs of renting out
Now they will fall entirely to the lessor with the exception of the costs of carrying the inventory and the drafting of the lease, which will be shared between the two parties. These fees will be capped by decree. Today, the fees charged by rental agencies, are based on the amount of rent and not on service delivery, the ALUR law seeks to remedy these practices.
C- As merchants lists
The law provides for an exclusivity between the lessor and the dealer lists. If the landlord goes through a dealer list, it can not at the same time give a mandate to an estate agent or provide its location through ads between individuals.
Conclusion : This law applies to both furnished accommodation as empty slots . It wishes in this regard erase differences of legal regime between goods to better protect tenants. The law was finally adopted by the National Assembly in second reading on 19 February 2014, but an appeal to the Constitutional Council was formed February 24, 2014 by 60 deputies and 60 senators . Is mainly because the management of rents , which according to the authors of the referral would violate the right of ownership. The Constitutional Council has one month to make its decision.