As the ban on “energy sieves” approaches on January 1, 2025, many advertisements for rental accommodation continue to fail to comply with the legal obligation to display the energy performance diagnosis (EPD). A situation which arouses indignation and could lead to sanctions.
DPE: a third of non-compliant announcements
The energy performance diagnosis (DPE), which has become essential for assessing the environmental impact and energy costs of a home, remains absent from many real estate advertisements.despite its obligatory nature. According to data collected in mid-December, 33% of rental advertisements on platforms such as SeLoger do not mention this diagnosis, as noted BFMTV. In Paris, this figure rises to 54%. For old properties put up for sale, 17% of advertisements do not include this crucial information.
The law is however explicit: article L126-33 of the Construction and Housing Code requires the display of the DPE, whether for a sale or rental, including on digital platforms. In the event of a breach, offenders face fines ranging from 3,000 to 15,000 euros.
Real estate platforms, like SeLoger or Leboncoin, find themselves under fire from criticism. If Leboncoin took measures by removing advertisements flagged as non-compliant, SeLoger adopted a more ambiguous position. The platform believes that the responsibility lies with the owners who publish the ads. In a letter addressed to a dissatisfied user, she justifies the maintenance of advertisements mentioning “ property not subject to the DPE », an often erroneous indication.
Platforms under pressure facing their responsibility
This practice, however, raises a legal question. According to Maître Romain Rossi Landi, lawyer specializing in real estate law, “ all announcements must include the DPE, regardless of broadcast medium. We can therefore consider SeLoger as co-responsible for the non-compliance ».
Tolerance towards mentions “ Blank DPE » or « not subject to DPE » will end on December 31, 2024and only for diagnoses carried out with the old method between 2018 and 2021. After this date, the display of the DPE will be strictly regulated.
As the January 1 deadline approaches, tensions around announcement non-compliance are intensifying. Digital platforms, like landlords, could quickly find themselves called to order by tenants and authorities who are more vigilant than ever.
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