Beware if you are at the head of a rental heritage or if you have inherited apartments occupied by tenants. Since January 1, housing that has displayed an energy performance diagnosis (DPE) classified as G, the worst note, can no longer be offered for rental, naked as furnished. These are those whose final energy consumption is greater than 421 kWh/m²/year.
The first difficulty lies in the fact that the formula applied by the diagnosticians that provide the DPE has changed a lot over time. If, in theory, a DPE has a period of validity of ten years, there are exceptions. “Those produced between January 1, 2013 and December 31, 2017 are no longer valid since December 31, 2022 and if they were executed between January 1, 2018 and June 3022, their validity stopped on December 31, 2024” , recalls Pierre Brunet, founder of the Alter-Invest heritage management firm.
The DPE is imperative for each relocation
If this is your case, “it is advisable to redo a DPE with the new calculation formula”, adds Pierre Brunet. Good to know: if your rental property is less than 40 m² and your diagnosis has been made between July 1, 2021 and 2024, you can request its update online (Observatory-eduit.ademe.fr). A new calculation, less penalizing for small areas, is used and you may have a good surprise.
As soon as your accommodation is put, or recovered, for rent, the DPE is imperative. “This document must appear in the rental announcement and it must be provided to the tenant at the time of the inventory,” said Philippe Descampiaux, director of Citya-Descampiaux, in Lille. If it reveals a classification in G, observe the consumption threshold, because if it is close to the limit with the note F, you can undoubtedly win a letter by changing the heating system, or by setting up ventilation efficient.
However, you will not be out of the hostel. As a reminder, the landlords classified F and G undergo a freezing frost since August 22, 2021. They cannot therefore reassess that of a tenant in place, or increase it if it changes. In addition, this improvement will simply save time. Indeed, the goods classified F cannot be rented from January 1, 2028.
If, on the other hand, a tenant is in place in your thermal colander, things are tough. It is then necessary to examine its date of entry into the premises, because “the prohibition to rent the property in G only applies from the renewal of the lease or its tacit renewal”, specifies Laure-Reine Gapp, director general lease Renov ‘.
The tenant can turn against his owner
Before this date, you do not have to improve the energy label and can leave your property as it is. On the other hand, beyond, your accommodation in G can no longer be rented. New complication: you cannot legally put your tenant at the door for this reason. Conversely, he can force you to do work, ask you for a drop in rent and attack you for rental of indecent housing. A relatively theoretical risk, because the shortage of rental goods is so important in France that few tenants have an interest in venturing into a time and costly procedure.
The most reasonable is to wait a bit. Once the soap opera of the finance law was completed, new measures should indeed provide clarifications. The first, which has been the subject of an unvoted bill due to the fall of the Barnier government, should give more time to donors who prove that an energy renovation of the condominium has been voted. Indeed, the climate and resilience law of 2021 makes it compulsory to set up a multi -year work plan (PPT) in all the condominiums over fifteen years old, which plans the maintenance and energy renovation projects of the common areas . The second clarification concerns certain exceptions – microsurfaces, historic monument, blocking of co -owners, etc. – for which work is impossible or insufficient. The regulatory site is not yet finished.