What is housing subject to the 1948 law?
Verified 08 November 2024 - Directorate for Legal and Administrative Information (Prime Minister)
To be subject to the 1948 law, a dwelling must be built before 1er September 1948 in or near certain municipalities with more than 10,000 inhabitants. The tenant must also have entered the premises before December 23, 1986. We'll explain.
FYI
A dwelling rented under the 1948 Act and then vacated after 23 December 1986 cannot be rented under the 1948 Act.
Shape and content
The lease does not have to be in writing. The rental may therefore be verbal.
The content of the lease is not regulated.
The rules of a lease for empty private sector housing may apply.
Duration
There is no minimum lease duration. It all depends on the length of time agreed between the landlord and the tenant when the lease was signed. The indefinite lease is permitted.
Each dwelling subject to the 1948 law is classified in a category, according to its equipment and comfort.
The category of accommodation determines the maximum amount of rent which the landlord may require of his tenant.
The classification is by dwelling and not by building. In fact, in the same building, there may be housing of various qualities, in particular depending on their situation in the building (level, access, etc.).
Please note
Category I dwellings, considered to be of exceptional quality, are no longer subject to the regime of the 1948 Act.
The landlord can increase the rent once a year (we talk about annual review) or after carrying out amending work.
Annual Review
The rules are different depending on whether or not the accommodation is in the Paris agglomeration (Paris, Hauts-de-Seine, Seine-Saint-Denis, Val-de-Marne, some municipalities in Seine-et-Marne, Yvelines, Essonne, Val-d'Oise).
Paris conurbation
The rent can be increased to 1er every July.
The applicable rate of increase shall be:
- 3.50% from 1er july 2024
- 3.49% of 1er july 2023 to june 30, 2024
FYI
It is forbidden to increase the rent of a category IV dwelling.
But after this increase, the rent cannot exceed one maximum amount.
To know this maximum amount, you have to multiply the corrected surface housing by the basic price per m2.
The basic price per m2 to use depends on the housing category :
Base price per m² of corrected area | ||
|---|---|---|
For each of the first 10 m² | For each other m² | |
II A | €13.81 | €8.20 |
II B | €9.49 | €5.09 |
II C | €7.28 | €3.85 |
III A | €4.40 | €2.33 |
III B | €2.60 | €1.35 |
IV | €0.26 | €0.12 |
Example :
For a type II C housing, with a corrected surface area of 43 m2 :
(€7.28 x 10) + (€3.85 x 33) = €199.85
The annual increase shall not result in the rent exceeding €199.85.
Other municipality
The rent can be increased to 1er every July.
The applicable rate of increase shall be:
- 3.50% from 1er july 2024
- 3.49% of 1er july 2023 to june 30, 2024
FYI
It is forbidden to increase the rent of a category IV dwelling.
But after this increase, the rent cannot exceed one maximum amount.
To know this maximum amount, you have to multiply the corrected surface housing by the basic price per m2.
The basic price per m2 to use depends on the housing category :
Base price per m² of corrected area | ||
|---|---|---|
For each of the first 10 m² | For each other m² | |
II A | €11.27 | €6.73 |
II B | €7.77 | €4.23 |
23II C | €5.93 | €3.19 |
III A | €3.60 | €2.01 |
III B | €2.14 | €1.12 |
IV | €0.26 | €0.12 |
Example :
For a Type II C housing with a 43 m corrected surface2 :
(€5.93 x 10) + (€3.19 x 33) = €164.57
The annual increase shall not result in the rent exceeding €164.57.
Modifying Jobs
The rules are different depending on whether or not the accommodation is in the Paris agglomeration (Paris, Hauts-de-Seine, Seine-Saint-Denis, Val-de-Marne, some municipalities in Seine-et-Marne, Yvelines, Essonne, Val-d'Oise).
Paris conurbation
The rent can be increased to 1er every July.
The applicable rate of increase shall be:
- 3.50% from 1er july 2024
- 3.49% of 1er july 2023 to june 30, 2024
FYI
It is forbidden to increase the rent of a category IV dwelling.
But after this increase, the rent cannot exceed one maximum amount.
To know this maximum amount, you have to multiply the corrected surface housing by the basic price per m2.
The basic price per m2 to use depends on the housing category :
Base price per m² of corrected area | ||
|---|---|---|
For each of the first 10 m² | For each other m² | |
II A | €13.81 | €8.20 |
II B | €9.49 | €5.09 |
II C | €7.28 | €3.85 |
III A | €4.40 | €2.33 |
III B | €2.60 | €1.35 |
IV | €0.26 | €0.12 |
Example :
For a type II C housing, with a corrected surface area of 43 m2 :
(€7.28 x 10) + (€3.85 x 33) = €199.85
The annual increase shall not result in the rent exceeding €199.85.
Other municipality
The rent can be increased to 1er every July.
The applicable rate of increase shall be:
- 3.50% from 1er july 2024
- 3.49% of 1er july 2023 to june 30, 2024
FYI
It is forbidden to increase the rent of a category IV dwelling.
But after this increase, the rent cannot exceed one maximum amount.
To know this maximum amount, you have to multiply the corrected surface housing by the basic price per m2.
The basic price per m2 to use depends on the housing category :
Base price per m² of corrected area | ||
|---|---|---|
For each of the first 10 m² | For each other m² | |
II A | €11.27 | €6.73 |
II B | €7.77 | €4.23 |
23II C | €5.93 | €3.19 |
III A | €3.60 | €2.01 |
III B | €2.14 | €1.12 |
IV | €0.26 | €0.12 |
Example :
For a Type II C housing with a 43 m corrected surface2 :
(€5.93 x 10) + (€3.19 x 33) = €164.57
The annual increase shall not result in the rent exceeding €164.57.
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As owner
When the lease expires
The landlord who wants to take over the house can do so at the term of the lease, provided that give the lessee his leave (notice) beforehand.
FYI
If at the end of the lease the landlord has not given notice, the tenant has a right to be kept on the premises. The tenant can stay in the dwelling without limitation of duration and without the landlord having to write a new lease.
At any time
The owner may remove the dwelling from the rules of the 1948 Act where the dwelling is of category II B or II C and the tenant has incomes above a minimum amount.
As a tenant
The tenant who wants to permanently leave the accommodation can do so at any time, provided that give the owner his leave (notice) beforehand.
The accommodation is inhabited
The lease is terminated automatically.
The right to be kept in the premises without a time limit shall be transferred to the following persons:
- Either the spouse or partner of Civil partnerships: titleContent of the tenant
- Up to the age of majority, minor children who have actually lived with the tenant for more than a year
- Let's sayascendant who has actually been living with the tenant for more than a year
- Or the disabled person who has actually lived with the tenant for more than one year, provided that he receives one of these 3 aids (pension for the severely disabled of war, or disability pension corresponding to an incapacity of at least 80%, or allowance paid to any person with at least 80% permanent incapacity).
If several persons request the transfer of the right to remain in the premises, the judge will decide taking into account the interests of each.
The competent judge shall be the protection litigation judge of the court on which housing depends.
Housing becomes vacant
The lease is terminated automatically.
As the housing has become vacant, it cannot be rented under the rules of the 1948 Act.
The accommodation is inhabited
The lease is terminated automatically.
The right to be kept in the premises without a time limit shall be transferred to the following persons:
- Either the spouse or partner of Civil partnerships: titleContent of the tenant
- Up to the age of majority, minor children who have actually lived with the tenant for more than a year
- Let's sayascendant who has actually been living with the tenant for more than a year
- Or the disabled person who has actually lived with the tenant for more than one year, provided that he receives one of these 3 aids (pension for the severely disabled of war, or disability pension corresponding to an incapacity of at least 80%, or allowance paid to any person with at least 80% permanent incapacity).
If several persons request the transfer of the right to remain in the premises, the judge will decide taking into account the interests of each.
The competent judge shall be the protection litigation judge of the court on which housing depends.
Housing becomes vacant
The lease is terminated automatically.
As the housing has become vacant, it cannot be rented under the rules of the 1948 Act.
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