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Beware of the habitability criteria for rented accommodation!

LOCATION IMMOBILIÉRE
18/07/2024 - 10 min read
Beware of the habitability criteria for rented accommodation!

Article 6 of the law of 6 July 1989 states that ‘the landlord is obliged to provide the tenant with decent accommodation that does not reveal any obvious risks to physical safety or health, is free from any infestation of harmful species or parasites, meets minimum energy performance criteria and has all the features required for residential use’.

What is decent housing?

Landlords must provide tenants with decent accommodation:

  • Has a minimum habitable surface area,
  • Without any risk to the physical safety or health of the tenant,
  • Free from any infestation of harmful species or parasites,
  • Meets minimum energy performance criteria,is equipped for residential use.


Minimum floor area

The dwelling must have at least one main room with :

  • Or a living area of at least 9 m² and a ceiling height of at least 2.20 metres
  • or a habitable volume of at least 20 m³.

Beware of the Departmental Health Regulations (RSD): in each department, a departmental health regulation may lay down general rules for the habitability of a dwelling that derogate from the legal requirements.


Tenant health and safety

The accommodation must comply with the following conditions:

  • The property must be structurally sound.
  • The shell of the dwelling and its accesses must be in a good state of repair and sound, and must protect the premises against run-off and rising water.
  • The external joinery and roofing with its fittings and accessories must provide protection against water seeping into the dwelling.
  • The dwelling must be protected against parasitic air infiltration.
  • The doors and windows of the dwelling, as well as the walls and partitions of the dwelling opening onto the outside or onto unheated premises, must be sufficiently airtight.
  • Openings to unheated ancillary rooms must be fitted with doors or windows. Chimneys must be fitted with hatches.
  • Devices used to restrain people in the dwelling and its accesses, such as window railings, staircases, loggias and balconies, must be in a condition appropriate to their use.
  • The nature and state of conservation and maintenance of the building materials, pipes and coverings in the dwelling must not present any obvious risks to the health and physical safety of the tenants.
  • The electricity and gas networks and connections, and the heating and hot water production equipment must comply with the safety standards defined by the laws and regulations, and must be in good working order.
  • The property must allow sufficient ventilation. The opening devices and any ventilation devices in the dwellings must be in good condition and must allow for the renewal of air and the removal of humidity appropriate to the needs of normal occupation of the dwelling and the operation of the equipment.
  • The main rooms (intended for living or sleeping) must have sufficient natural lighting and an opening to the open air or to a glazed area opening to the open air.


Equipment

The property must have the following features and comforts:

  • A facility providing standard heating, equipped with energy supply and combustion product evacuation systems, and adapted to the characteristics of the dwelling.
  • A potable water supply system ensuring distribution inside the dwelling with sufficient pressure and flow for the normal use of its occupants.
  • Wastewater and sewage disposal systems preventing the backflow of odors and effluents, equipped with traps.
  • A kitchen or kitchenette designed to accommodate a cooking appliance and including a sink connected to both hot and cold water supply systems and a wastewater disposal system.
  • An indoor sanitary installation in the dwelling comprising a toilet, separate from the kitchen and the room where meals are taken, and a facility for personal hygiene, including a bathtub or shower, designed to ensure personal privacy, supplied with hot and cold water, and equipped with a wastewater disposal system. The sanitary installation in a one-room dwelling may be limited to an external toilet, provided that the toilet is located in the same building and easily accessible.
  • An electrical system allowing sufficient lighting in all rooms and access areas, as well as the operation of essential household appliances required for daily life.


Furnished accommodation

If the accommodation is rented furnished, the list of furnishing criteria depends on the date the lease is signed.

For furnished rental agreements signed since September 1, 2015, the accommodation must include at least:

  • Bedding with a duvet or blanket;
  • Shutters or curtains in the bedrooms;
  • Cooking plates;
  • An oven or microwave oven;
  • Refrigerator;
  • Freezer or a freezer compartment in the refrigerator with a maximum temperature of -6°C;
  • Sufficient dishes for the occupants to have meals;
  • Kitchen utensils;
  • Table;
  • Chairs;
  • Storage shelves;
  • Lighting fixtures;
  • Cleaning equipment appropriate to the characteristics of the accommodation (vacuum cleaner if there is carpet, broom and mop for tiled floors, etc.).

A judge may decide to reclassify the lease of a furnished accommodation as an unfurnished rental agreement if the list of furnishing requirements is not respected.


Can a property be rented out in an area of substandard housing?

Properties located in areas of substandard housing are considered severely deteriorated homes that require extensive renovations but are not subject to any formal orders of unfitness, danger, or proven unsanitary conditions.

When a property is located in an area of substandard housing, renting it out may require:

  • Either the submission of a declaration;
  • Or obtaining prior authorization

To determine whether the property being rented is located in an area of substandard housing, it is necessary to consult the Public Establishment for Intercommunal Cooperation (EPCI) or the town hall of the municipality where the property is located.


Rental Declaration

The rental declaration must be renewed each time the property is rented to a new tenant. However, lease renewals, lease extensions, or amendments to the lease are not subject to this declaration.

The landlord must submit the rental declaration within 15 days following the signing of the lease agreement. It must be sent to the Public Establishment for Intercommunal Cooperation (EPCI) or the town hall of the municipality where the property is located. This declaration includes, on one hand, the technical diagnosis attached to the lease agreement and, on the other hand, a Cerfa form.

The landlord receives a receipt, a copy of which must be provided to the tenant.

A landlord who fails to fulfil their rental declaration obligation may be fined up to €5,000.


Prior Authorisation for Renting Out a Property

The prior authorisation for renting out a property must be renewed each time the property is rented to a new tenant. However, lease renewals, lease extensions, or amendments to the lease are not subject to this requirement.

The authorization request must be obtained before signing the lease agreement and must be attached to the lease. It should be sent to the Public Establishment for Intercommunal Cooperation (EPCI) or the town hall of the municipality where the property is located. This request includes, on one hand, the technical diagnostic report attached to the lease and, on the other hand, a Cerfa form. Sending or submitting an authorization request results in the issuance of an acknowledgment of receipt.

The EPCI or municipality has a period of one month from the date of receipt of the authorization request to:

  • Either grant the authorization. After one month without a response, the authorization is considered granted;
  • Or grant the authorization with certain conditions;
  • Or refuse the authorization. In this case, the refusal indicates the necessary work or adjustments to make the property comply with safety and health standards.

The property must be rented within two years following the issuance of the authorization. After this period, the authorization is no longer valid.

The authorization request for a property located in a building subject to an order of unsanitary conditions or a danger order is automatically rejected.

A landlord who fails to fulfill the obligation to request prior authorization for renting out a property may be fined up to €5,000. In the case of repeat offenses within a three-year period, the landlord may face a fine of up to €15,000. Additionally, if the landlord rents the property after receiving a rejection decision for their prior authorization request, they may be fined up to €15,000.

Be aware that if the rented property has already obtained rental authorisation, the new owner must declare the transfer of the authorisation to the EPCI or the town hall.


What are the tenant's remedies?

If the property is not decent, the tenant must inform the landlord in writing about the non-compliance of the property with the decency criteria.

In this case:

  • Either the landlord acknowledges the signs of non-decent conditions and agrees to carry out the necessary repairs to bring the property into compliance;
  • Or the landlord disputes the signs of non-decent conditions. In this case, the tenant must send a formal notice to the landlord to carry out the repairs, by registered letter with acknowledgment of receipt. After a period of 2 months, if there is no response to the formal notice or if the disagreement persists, the tenant can refer the matter to the departmental conciliation committee or the clerk of the local court.

Be aware, the tenant must never stop paying all or part of the rent on the grounds that the landlord is not fulfilling their obligations.


What are the penalties for the landlord?

If the judge of the local court finds that the property does not meet the decency standards, they may:

  • Either compel the landlord to carry out the necessary repairs;
  • Or impose a rent reduction;
  • Or award damages.

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