Rental permit: who is concerned?
To be able to rent out your property in various municipalities in France, you need to get a rental permit. This is an important document that local governments require property owners and landlords to obtain. Here's what you need to know about it.
According to Articles 92 & 93 of the ALUR Law of 2014, municipalities reserve the right to require property owners/landlords to obtain and submit a rental permit if they want to rent out their furnished and/or unfurnished properties, specifically for main residence leases. It does not apply to secondary residence leases, mobility leases, commercial buildings, and corporate housing.
Depending on the municipality, the rental permit requirement targets specific areas and types of properties. Most focus on suburban neighborhoods and residential districts, as well as historic buildings and detached houses.
Depending on the areas concerned, the rental permit has two approaches:
The Declaration: submitted after signing the lease, the town hall is simply notified of each rental. The aim is to allow the municipality to carry out controls. Property owners/landlords have 15 days, following the end of the rental contract, to declare the rental permit to the mayor of the municipality.
The Authorization: done before the signing of the lease, the town hall can set up an inspection to see if the property will or will not get authorization to rent. It's more time-consuming, usually giving the property owners/landlords the chance to meet all sorts of demands so as not to be blocked from renting. The application may be refused, however, if the municipality sees that the property or its owners have not been compliant with the terms set.
Important Note: The rental permit can be free or paid depending on the municipality (about €100.00). While the ELAN LAW was supposed to make it free, the Constitutional Council censured this provision and eventually removed it from the law.
Which properties are concerned?
The rental permit covers many types of properties in France. Primarily, they include those with leases that are still subject to Law 89-462 from July 6, 1989, at the time they were put on the real estate market. It also applies to specific areas within the country, be they furnished or unfurnished properties, as long as they're (or intended to be) rented out as main residences of the tenant/s.
Is the city of Paris concerned by the rental permit? Which municipalities concerned in Ile-de-France?
As of this writing, the city of Paris doesn't require property owners/landlords to obtain a rental permit to lease out their properties. However, the requirement does apply in other municipalities within the Île-de-France region.
They include Aubervilliers, Bagnolet, Bobigny, Champs-sur-Marne, Chelles, Clichy-sous-Bois, Colombes, Corbeil-Essonnes, Coulommiers, Courty, Dampmart, Épinay-sur-Seine, Etampes, Evry-Courcouronnes, Garges-lès-Gonesse, Gennevilliers, Gonesse, Grigny, La Courneuve, Les Pavillons-sous-Bois, Lagny-sur-Marne, L'Île-Saint-Denis, Mantes-la-Jolie, Melun, Montereau-Fault-Yonne, Nangis, Noisiel, Pantin, Persan, Pierrefitte-sur-Seine, Puteaux, Roissy, Roissy-en-Brie, Saint-Denis, Saint-Ouen-sur-Seine, Stains, Villiers-le-Bel, Thorigny-sur-Marne, Torcy, and Vaires-sur-Marne.
What sanctions can be incurred?
Failure to show the proper rental permits will result in various penalties.
- Those who rent out their properties without the rental permit will incur a fine of up to €5,000.00.
- The absence of an application for a rental permit (Declaration) will also incur a fine of up to €5,000.00.
- Those who still rent out their properties after their applications were refused will face a fine of €15,000.00.
What are the steps to follow to obtain a rental permit?
The steps to obtain a rental permit are surprisingly simple.
For Declaration:
Fill out the form given by the Ministry of Housing, Declaration of Rent (Cerfa n ° 15651) to be sent within 15 days of signing the lease.
> This form is to be submitted each time you sign a new lease with new tenants.
For Authorization:
Request the form for prior Authorization of Rent (Cerfa n ° 15652) to be sent before the lease is signed.
> The authorization must be renewed at each new lease but is not necessary in the case of an amendment to the lease.
Do note that a completed Technical Diagnostics, "Dossier de Diagnostic Technique" (DDT), has to be attached to the application for it to be approved.
- The ALUR Law of 2014 allows municipalities to require a permit law when property owners/ landlords want to rent out their properties for a main residence lease.
- This rental permit is not needed for secondary residence leases, holiday leases, mobility leases, and corporate housing.
- The rental permit applies, depending on the choice of the municipality, to a specific area or type of housing.
- Whether the rental permit is free or comes at a fee depends on the municipality
- Depending on the area concerned, the rental permit has two procedures: declaration and authorization. If these steps are not done correctly, property owners/landlords will have to pay penalties.
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Posted on 19/12/2022 by
Andy LECUYER
