From 1 January 2025, it will be illegal to rent out homes with an energy performance rating of G (DPE) in mainland France, marking the start of a new phase in the fight against \u00abheating flats\u00bb. This change is part of the progressive timetable set out in the French Climate and Resilience Act 2021-1104 of 22 August 2021. Following on from the rent freeze applicable from 24 August 2022 to F- and G-rated homes located in high-tension areas, the legislature has gone a step further by including energy performance as a condition of decency. The same law announces the following stages: exclusion from the rental housing stock of homes rated F on 1 January 2028, then rated E on 1 January 2034. In legal terms, the mechanism is based on the amendment of article 6 of law no. 89-462 of 6 July 1989, which defines the decent accommodation that all landlords are obliged to provide. Henceforth, a property whose final energy consumption, as estimated by the DPE, exceeds the threshold corresponding to class G is deemed not to be decent. The tenant then has the prerogatives set out in article 20-1 of the same law: he or she can ask the landlord to bring the property into compliance, and, if no agreement is reached, refer the matter to the judge in charge of protection disputes. The judge has a wide range of powers, including the power to force work to be carried out, to reduce the rent and even to award damages. Articles L. 173-1-1 et seq. of the Code de la construction et de l'habitation consolidate these provisions. The practical application of these provisions calls for a number of distinctions. The ban applies to leases entered into, renewed or tacitly renewed on or after 1 January 2025; current leases signed prior to this date are not automatically terminated, but the tenant retains the right to bring an action for decency at any time. In condominiums, where the work required involves the common areas - insulation of facades, roof repairs, replacement of a central heating system - the landlord cannot act alone. Recent case law accepts that, in such cases, the lessor who has duly referred the matter to the managing agent and submitted a resolution to the general meeting cannot be held in default until the co-ownership has approved the work, provided that he can demonstrate that he has taken diligent action. Before any property is re-let, it is essential to have an up-to-date DPE (environmental impact assessment), which may be supplemented by an energy audit. If the property is co-owned, the best way to plan ahead is to prepare the resolutions submitted to the general meeting and, where possible, to mobilise the multi-annual works plan. Consulting a lawyer will help to secure the lease, decide between renovation and leaving the rental property, and prevent disputes between tenants and co-owners.<\/p>","protected":false},"excerpt":{"rendered":"
Depuis le 1er janvier 2025, la mise en location des logements affichant la classe G au diagnostic de performance \u00e9nerg\u00e9tique (DPE) est prohib\u00e9e en France m\u00e9tropolitaine, ouvrant une nouvelle phase de la lutte contre les passoires thermiques. Cette \u00e9volution s’inscrit dans le calendrier progressif fix\u00e9 par la loi n\u00b0\u00a02021-1104 du 22 ao\u00fbt 2021, dite \u00ab\u00a0Climat […]<\/p>\n