Very energy-intensive housing (category G) is now prohibited for rental, for any new lease or new renewal of it. Compliance work is necessary for these energy strainers.
They are nicknamed “thermal sieves” or “energy sieves”: these dwellings are so badly insulated, due to their design, that they cannot be heated properly without causing excessive energy consumption (likewise, they can let in excessively heat). For tenants in this situation, it is then necessary to choose between minimal comfort of life or excessive bill.
The status of thermal colanders has changed since January 1, 2023, as agreed in the “Climate and Resilience” law. The rental of these apartments or houses that consume too much energy is now prohibited. This is a second step, after the rent freeze which has already applied since the summer of 2022.
The purpose of the law is twofold:
- Accelerating the renovation of housing to achieve carbon neutrality by 2050 – the building representing a quarter of France’s annual emissions » ;
- Allow the French men and women ” live in decent housing where they are not cold in winter and hot in summer “.
The Climate and Resilience Law thus ultimately aims to achieve “ a stock of low-consumption housing on average by 2050.
Which accommodations are affected and what will happen?
Thermal colanders prohibited from rental are classified G
To identify thermal sieves, refer to their performance diagnosis represented by a series of letters ranging from A (very good performance) to G (very poor). Energy consumption is calculated by number of kilowatts/hour (kWh) per square meter (m2) per year.
Two types of housing are considered energy-intensive today:
- F: 331 to 450 kWh/m²/year
- G: more than 450 kWh/m²/year
At present, only G-rated accommodation is subject to the rental ban. They are no longer considered energetically decent. According to the government90,000 housing units (including 70,000 private) are affected.
For the ban of all thermal colanders, beyond criterion G, the government is aiming for 2028.
What will happen to the prohibited thermal colanders?
Several possible situations for the dwellings concerned:
- You are already renting your accommodation (signature before January 1, 2023): no change, but the law will apply when the lease is renewed. During this deadline, the lessor will be required to carry out work if he wants to continue to rent his property.
- You sign a new rental contract: the law applies immediately. Either the accommodation is already compliant and its performance is greater than G, or the lessor must commit to compliance work.
- Exceptions: the law does not apply if the accommodation is classified as a historical monument and the work would change the architecture too much; if the cost of the work exceeds 50% of the market value of the accommodation (value on the real estate market); if the works pose a proven risk to the property.
Since a very energy-intensive type G dwelling no longer meets the criteria of decency, this means that tenants have legal recourse against a landlord who does not comply with this law. The judge can then order the owner to do the work; and/or impose a reduction in rent; and/or decide on damages. Information on decency criteria and legal remedies is available on the public service website.
