It was born in an ultra-tense rental context in France, governed by a large number of laws, regulations and local specificities in the face of which owners (and sometimes real estate agencies) are unable to find their bearings and therefore prefer not to take the risk of rent their property.
It is in this context that the National Chamber of Commissioners of Justice is launching the new Legalpreuve finding of rental compliance. In line with the reports with high added value Legalpreuve, this report developed and standardized by CNCJ, will make it possible to verify the characteristics of a dwelling and to support real estate professionals, owners and tenants for the rental. of their good, in all legality and serenity.
3 million vacant homes in France, 500.000 soon to be banned from renting
In France, the rental market is tense and framed by multiple laws and regulations as well as specific local characteristics that are difficult to understand. Some owners who have had bad rental experiences are reluctant to rent their property and there are thus more than 3 million vacant homes. There are also nearly 500.000 very energy-intensive dwellings currently rented, likely to leave the rental market within six years (sources Insee / Fnaim).
The obligations, before and throughout the duration of the lease, of an owner who wishes to rent a dwelling are more and more numerous and sometimes difficult to understand. The lessor owner must provide decent accommodation in good condition, meeting different criteria for living space, safety and health of tenants (structural work, restraint of people, ventilation, lighting, networks and connections), technical diagnoses (energy, lead, asbestos...), local regulations (rental permit, departmental health regulations...).
Failure to comply with these obligations may lead to an increased risk of litigation between the tenant and his landlord, engaging the liability of the landlord and implying significant financial consequences (compliance work, suspension of housing allowance, court conviction).
The report by the commissioner of justice to reassure tenants and owners
At the same time lawyers (allowing them to have a perfect knowledge of the regulations in force), men in the field (allowing them to go to their homes) and historical specialists in evidence (allowing them to draw up findings with high probative value), the commissioners are expanding their report offer for the real estate and housing sectors, with the launch of the Legalpreuve report on rental compliance.
In line with the reports with high added value Legalpreuve, this new report developed and standardized by CNCJ, will make it possible to verify the characteristics of a dwelling and to support real estate professionals, owners and tenants for the implementation rental of their property, with complete peace of mind. This finding is made by the commissioner of justice either at the request of the lessor (allowing him to protect himself in the event of a claim or dispute, to enhance his property and reassure future tenants about the reliability of the information noted by the Public and Ministerial Officer) or at the request of the tenant (who wishes to have breaches noted), or at the request of the real estate professional (rental agency, notary) who wishes to delegate this tedious part and not take the risk of missing out on a legal obligation.
As a reminder, the report by the commissioner of justice is the most successful act to materialize a proof. It has probative force in court, establishing the truth of a specific time and place, cutting short any unfounded interpretation.
The Legalpreuve rental compliance report in three stages:
1/ Prior and personalized checklist for the property
According to a complete protocol, drawn up by the National Chamber of Commissioners of Justice, in collaboration with the institutional actors of housing, the Commissioner of Justice will be able to carry out the compliance check of all the legal criteria for renting.
Using a scalable and customizable digital tool depending on the accommodation (apartment, house, condominium, garden, swimming pool, etc.), it draws up a real checklist prior to the rental, verifying that the accommodation meets all the criteria. of: living space, health, decency, safety, comfort and that all specific and local obligations are respected (technical diagnostics, asbestos, lead, electricity, gas, NF, State of risks and pollution, DPE, ALUR law, etc.) . He develops this observation through visual observations and the consultation of expert and diagnostic reports.
2/ Update on the condition of the property and its conformity
The commissioner of justice then comes back with the owner on the state of his property, advises him on the elements to be corrected or, in the event of a serious breach, requires compliance before any rental.
The Legalproof report of rental conformity is drawn up and the visual signature can be affixed to the documents in order to certify the conformity of the accommodation validated by a public and ministerial officer. This certification will increase the attractiveness of a property on the rental market, reassure tenants about the quality of the accommodation and facilitate the settlement of a subsequent dispute with the tenant.
When signing the lease, the report of rental compliance may be confirmed and combined with a report of the inventory of fixtures, carried out with the tenant.
3/ Legal consultation on the energy renovation of the property
Finally, the commissioner of justice will also accompany the owner and guide him through the intricacies of the regulations in force, by explaining to him his obligations but also all the governmental or local aid to which he can claim for energy renovation and the improvement of his habitat. Nearly 10 government aids exist for this purpose and deserve the support of a lawyer who can establish those to which the accommodation, home, owner, can claim on a case-by-case basis.
This legal consultation is essential when we know that since July the law provides for a progressive ban on renting poorly rated accommodation, known as “thermal sieves”. From 2025 housing labeled G will be prohibited from being rented, those rated F will be from 2028. However, housing F and G represent 25% of housing in France. Categories E, F and G together represent more than half of French housing, 54% exactly.