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Energy-intensive housing
Rents blocked since August 24, 2022 for thermal sieves
Publié le 10 mars 2023 - Directorate for Legal and Administrative Information (Prime Minister)
As of 24 August 2022, rents for dwellings with an energy performance diagnosis classified as F or G (‘energy sieves’ or ‘thermal’) can no longer be increased. This freeze applies to new leases, and gradually to existing ones, depending on whether they are tacitly renewed or renewed.
Pursuant to the Law on Combating Climate Change published in Official Journal as of August 24, 2021, rents for dwellings with an energy performance diagnostic (EPD) rating of F or G (“thermal sieves”) cannot be increased since August 24, 2022. The coming into force of this provision was indeed scheduled one year after the publication of the law in the Official Journal.
This block applies to naked or furnished rented accommodation. It shall cover both new contracts and contracts in progress, renewed or tacitly renewed as from 24 August 2022. Indexation to the benchmark rent index will not be available on the anniversary date of the lease.
An increase in the rent can only take place if the energy renovation works of the dwelling allow the status of thermal sieve of the dwelling (i.e. the attainment of a minimum of class E) to be removed. This will have to be demonstrated by the completion of a new EPD after the work has been completed.
One questions and answers of the Ministry of Ecological Transition was posted on March 10, 2023. It answers all questions from landlords and tenants about the energy class of the home and the energy decency criteria of the ECD.
FYI
The energy performance diagnosis (EPD) must be given to the tenant at the conclusion of the lease. It must have been done for less than 10 years.
The ECD criteria were revised and those completed before December 31, 2017 were to be renewed before December 31, 2022; those completed before June 30, 2021, are to be renewed before December 31, 2024.
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