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End of the legislative journey for the Elan law (evolution of housing, development and digital). After a passage in front of the Constitutional Council, the law housing, real catch-all of 234 articles which touches to the real estate, as to the construction or the urbanism, was promulgated and published. All is not yet applicable, more than 50 decrees are (ambitiously) announced in the next six months to frame many provisions. If the observatory of the real estate diagnosis has been retorted by the Constitutional Council, however remain some measures that interest the real estate diagnosis.
DPE opposable
After some discussion, the DPE will become effectively opposable as wished, for a long time, That To choose and other associations of consumers. Once made reliable – the diagnosis reform is announced for 2019-, this EPPE opposable should enter into service on 1st January 2021. In September, however, the Mixed Joint Commission had limited the scope of this EPO opposable since only the information contained in it is concerned, and not the recommendations. In practice, however, the opposability of the DPE should not change much for real estate diagnostic professionals, according to the analysis of Perez.
Accessibility
The Elan law gives a new penknife to the all-accessible disability law of 2005 and now sets a threshold of 20% of affordable housing in the collective housing during construction (and at least one home). Other accommodations must be "Evolutionary": understand that they can be made accessible by means of some simple works.
Decency
The decency of housing is enriched by a new criterion that immediately came into force. After the notions of health, safety, or energy performance, the Elan law introduces a new condition to the decency of housing. To be placed on the rental market, housing must also be free from any infestation of harmful and parasitic species ". If the original amendment targeted bed bugs, as formulated, one could imagine that the new criterion also encompasses other parasites well known to real estate diagnosers.
Digital health notebook
The digital health record sign her big comeback. Already created by the law of energy transition of 2015, supposed to enter into force from 2017 in the new one, this notebook remained in fallow, lack of decree of application. The new law brings up to date this digital notebook of information, monitoring and maintenance which must absorb DDT. Entry into force announced? 1st January 2020 in the new, 1st January 2025 in the former for any housing subject to transfer. Provided that the decree does not emerge this time …
dematerialisation
Finished (or almost) the paper report for rent, the law Elan promotes a dematerialized DDT to logically accompany the digital lease. "The technical diagnosis file is communicated to the tenant by dematerialized, unless explicitly opposed by one of the parties to the contract. " This provision is already in force.
Mobility lease
This is one of the novelties of the law. This mobility lease is aimed at certain tenant populations (students, people in vocational training, trainees …) and runs for a period of one to 10 months, non-renewable. After some discussions on the subject, this lease mobility will also have a DDT like any other housing rented.
Tertiary
The existing tertiary sector must reduce its final energy consumption. At least 40% in 2030, 50% in 2040 and 60% in 2050, compared to 2010. And to ensure compliance with this obligation, the Legislator has provided for a "Assessment of compliance with the obligation" annexed, for information purposes, to the promise / deed of sale, or to the lease. What form will this assessment take? Who will be able to realize it? What information will be contained in this document? Patience, a decree must still specify, among others, the buildings concerned, and the modalities of this evaluation.
Unworthy habitat
The Elan law strengthens the fight against unworthy housing by adding a little more to the current sanctions. An owner who has ignored an injunction work to eliminate a risk of lead poisoning, can be sentenced to a penalty of up to 1000 euros per day. The measure is applicable from 1st March 2019.
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