After housing classified G+ last year, properties whose energy performance diagnosis (DPE) was stamped with the letter G will exit the rental market on January 1, 2025. In accordance with the Climate and Resilience Law, promulgated in August 2021 , they will in fact be judged indecent. However, landlords are required to provide decent housing to their tenants.
In the event of non-compliance with the law, they can request work, refer the matter to a judge, or even obtain a reduction or suspension of the rent. And this, until the work is completed. This ban will extend to housing classified F in 2028, then to housing E in 2034.
“Theoretically, there should no longer be any announcements of G-rated rental accommodation or new contracts,” indicates David Rodrigues, legal manager of the CLCV association (Consumption, housing and living environment).
The entry into force of this provision is far from unanimous. Some real estate professionals even judge the text “completely wonky” and imprecise, particularly regarding the scope of application of the law. The Ministry of Housing specifies that the ban concerns “new rental contracts, as well as tacit renewals and renewals ».
For Étienne Chesneau, associate lawyer at the Gide Loyrette Nouel firm, the text does not, however, prevent an owner from renting: it simply exposes the latter to requests for compliance from tenants. No automatic termination of lease is provided in the event of indecency. On the other hand, notice given to a tenant who has filed an appeal could be deemed abusive.
Massively resold goods
David Rodrigues estimates that few tenants will use this remedy. The CLCV representative further advocates for a cap on the rents for these energy sieves in areas where they are already regulated. He is also concerned about the lack of obligation for owners to communicate the energy performance diagnosis (EPD) to tenants.
In this context, many owners prefer to get rid of their energy-intensive homes rather than engage in costly renovations. According to the Notaries of France, housing classified F or G represented 13% of sales of old real estate in the third quarter of 2024. These properties are subject to a significant discount: -15% on average for an apartment in the Grand Est and up to – 25% for a house in New Aquitaine.
The renovation work, essential to make these homes compliant, represents on average a remaining cost of 20,000 euros per owner, after deduction of public aid. “You better have a great rental yield to amortize this cost”quips Élodie Frémont, notary in Paris, recalling that rents are regulated in several large cities.
An acceleration of the housing crisis?
Since 2022, more than 108,000 G-rated housing units have been renovated, according to official figures. However, for Loïc Cantin, president of the National Real Estate Federation (Fnaim), the timetable imposed by law is unrealistic, particularly for small co-ownerships.
“The energy renovation project is gigantic. It is impossible to complete all this work in four years. »
A bill aimed at making the text more flexible and adapting the deadlines was presented to the National Assembly at the end of October. Its examination was nevertheless blocked after censorship by the Barnier government. For Carine Sebi, professor at Grenoble École de Management, the objective of the law was not to renovate all G housing by 2025, but rather to send “a first strong signal” to initiate a dynamic of energy renovation and protect the most vulnerable tenants. Despite the good intentions of the law, some experts fear perverse effects. “ An acceleration of the housing crisis is to be feared if hundreds of thousands of homes disappear from the rental market. alert Loïc Cantin.
