Owners

Real joint and several lease: the detailed arrangements for the arrangement

Publié le 13 août 2024 - Directorate for Legal and Administrative Information (Prime Minister)

A real joint and several lease allows modest households to become homeowners at a relatively affordable cost compared to real estate market prices, especially in tense areas. This arrangement is based on a land-building separation: you buy only the housing, and you lease the land to a government-approved body at a low cost. A decree issued in Official Journal 17 july 2024 shall specify in particular the conditions for eligibility.

As of 1er January 2025, to acquire a real estate property through a joint and several real lease (BRS) you will not have to own:

  • a home adapted to your needs and financial abilities, which you can use as your main residence;
  • a unit that you offer for rent, likely to provide you with sufficient income to acquire a property from the private park.

These obligations concerning your real estate assets will have to be respected when you can actually live in your new home. You will have to sign an affidavit to certify it.

Reminder

The solidarity lease was set up in 2017, in application of the Law of 6 August 2015 for growth, activity and equal economic opportunities. It is a social home ownership scheme that allows households under a certain resource cap to own affordable housing.

When you buy real estate in a joint and several lease, you own the walls of the dwelling but not the land. The latter is the property of a State-approved Land Solidarity Organization (FSO). As a tenant of the land, you have to pay a property charge to that organization on a monthly basis. The amount of the universal fee varies from house to house, depending in particular on the average house prices in the geographical area in question; the FSOs must endeavor to contain the level of this amount.

An actual joint and several lease is concluded for 18 to 99 years.

Please note

The decree published in Official Journal on july 17, 2024, you can offer for rent the accommodation you have purchased through a joint and several actual lease, unless a prohibition on leasing is mentioned on your lease agreement. You must first notify the land organization with which you signed the real lease with solidarity:

  • whether your rental project concerns your entire dwelling or only part of it;
  • the period during which the lease takes place.

What are the ceilings on resources to be eligible for a SAB in 2024?

The actual joint and several lease is intended for households whose resources do not exceed a certain ceiling. The latter varies according to the zone in which the housing is located. To know the area in which the property of interest is located, you can use this simulator.

Tableau - The ceilings of resources to benefit from the actual joint and several lease in 2024, depending on the geographical area.

Number of persons in the household

Areas A and Abis

Zone B1

Areas B2 and C

1

€37,581

€37,581

€32,673

2

€56,169

€56,169

€43,633

3

€73,630

€67,517

€52,471

4

€87,909

€80,875

€63,347

5

€104,592

€95,739

€74,518

6

€117,694

€107,738

€83,983

Addition for any additional person in the household

€13,116

€12,005

€9,368

The resources considered in this context are those of year N-2.

You can find details about the composition of the household (how dependants are considered...) on this Ministry of Housing platform.

What steps should be taken to benefit from a genuine joint and several lease?

If you have established a purchase plan (the neighborhood in which you want to live, the number of rooms you need, your budget, the desire to have close to public transport and shops...), you can use the housing ministry simulator to find housing offered in real lease solidarity that corresponds to your wishes.

You can then contact the real estate professionals associated with the accommodation you are interested in to prepare your file (tax notice, copy of an identity document, proof of domicile...).

You can also search for real estate on the websites of professionals selling homes in BRS or on traditional real estate listing websites.

List of State-approved land-tenure organizations is available on this site. Each organization defines its marketing policy. Some have a website that centralizes their offers; others entrust their promoter operators with the task of marketing the housing in BRS.

Please note

After signing an actual joint and several lease, you have the possibility to resell your accommodation at any time. The sale price must then be limited to the one at which you purchased the property, updated by applying the variation of an index chosen by the joint and several property organization; this sale price may also be increased if improvements to the property have been made since you acquired it. The future purchaser, who must be eligible for the scheme, also benefits from an actual joint and several lease for a minimum period of 18 years.

As an owner, you can also pass on your accommodation to your loved ones under certain conditions.

FYI  

You can finance the acquisition of a real lease unit jointly and severally with a zero-interest loan, if you are eligible for the latter.

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