Key Benefits:
The National Assembly and the Senate adopted,
The President of the Republic Promulgates the law Follows:
I. -The construction of housing on immovable property belonging to the State or its public establishments or ceded by them to that effect shall be of national interest when it contributes to the attainment of the objectives set out in Title II of the Act No. 2005-32 of 18 January 2005 of programming for social cohesion, by Article L. 302-8 of the code of construction and housing or by the local habitat programme where it exists in the territory concerned
Decrees may, until January 1, 2010, delimit perimeters in which Operations referred to in the first subparagraph shall have the effects of operations of national interest within the meaning of Article L. 121-2 of the Town Planning Code. They shall take into account the general scheme of projects for the development and sustainable development of territorial coherence schemes and, in the absence of a territorial coherence scheme, local planning plans already approved
Public institutions for inter-communal cooperation in the field of local planning are consulted on the draft decree. Their opinion shall be deemed favourable if it has not been issued within two months of the notification of the project.
These decrees shall lapse within ten years of their publication.
II. -Article L. 300-6 of the urban planning code is thus amended:
1 ° The beginning of the first sentence reads as follows: The State and its public institutions, local and regional authorities ... (the rest without change)." ;
2 ° The second sentence reads:
" Articles L. 122-15 and L. 123-16 shall apply unless the declaration of a project adopted by the State, one of its public establishments, a department, a region or a public development establishment has the effect of undermining the economy The project for the development and sustainable development of the territorial coherence scheme and, in the absence of a territorial coherence scheme, the local planning plan. "
III. -Article L. 213-1 of the Code is supplemented by a g so worded:
" (g) The alienation by the State or its public establishments of land, built or untarnished, for the construction of the units located in the perimeters mentioned in the second paragraph of Article 1 of Act No. 2006-872 of 13 July 2006 National commitment for housing, as long as the decrees provided for in the same subparagraph are not in place. "
IV. -Article L. 3211-7 of the general code of public ownership is supplemented by four sub-paragraphs thus written:
" For the purposes of this Article, shall be assimilated to the social housing mentioned in the 3 ° and 5 ° of Article L. 351-2 of the Construction and Housing Code:
" -temporary or emergency accommodation benefiting from state aid;
" -the permanent reception areas of the Travellers referred to in the first paragraph of Article 1 of Article 1 of Act No. 2000-614 of 5 July 2000 on the reception and habitat of Travellers;
" -in the overseas departments, the social housing units benefiting from state aid. "
After Article L. 121-2 of the urbanism code, an article L. 121-2-1 reads as follows:
" Art. L. 121-2-1. -The State representative in the département transmits to the mayors and presidents of public institutions of inter-communal cooperation competent in the field of local habitat policy making it the list of buildings located on the The territory of the municipalities where they exercise their competence and belonging to the State and its public establishments.
Section L. 302-1 of the Construction and Housing Code is complemented by a paragraph reading:
" As from the publication of Law No. 2006-872 of 13 July 2006 on the national commitment to housing, a local habitat programme is being developed in all the communities of municipalities with a habitat value of more than 50 000 Inhabitants comprising at least one commune of more than 15 000 inhabitants, the agglomeration communities and the urban communities. Its adoption shall take place within three years from the same date. "
I. -After the 14 ° of Article L. 123-1 of the urban planning code, a paragraph has been inserted as follows: '
' The presentation report may include a provisional timetable for the opening up to the urbanisation of the zones to be urbanised and the completion of the corresponding equipment. "
II. -After Article L. 123-12 of the same Code, Article L. 123-12-1 is inserted as follows: '
' Art. L. 123-12-1. -At most three years after the approval of the local town planning plan or the last deliberation of the plan, a debate is held within the municipal council on the results of the implementation of the plan. The satisfaction of the housing needs and, where appropriate, the estimated timetable for the opening up to the urbanisation of the zones to be urbanised and the realization of the corresponding equipment. The City Council shall deliberate on the desirability of a simplified revision or revision of the plan in accordance with the conditions laid down in Article L. 123-13. This debate is organised every three years once the plan has not been revised. "
III. -Article L. 123-2 of the same code is thus amended:
1 ° In the first subparagraph, after the words: In urban areas, the words " shall be inserted: Or to urbanize " ;
2 ° A d reading is added:
" (d) To delimit sectors in which, in the case of a housing programme, a percentage of this programme must be allocated to categories of rental housing which it defines in accordance with the objectives of social mix. "
IV. -Article L. 123-8 of the Code is supplemented by a paragraph worded as follows: '
' If the representative of all the bodies referred to in Article L. 411-2 of the code of construction and housing owners or housing managers located in the territory of the municipality so requests, the Mayor shall notify the A local town planning project to gather its opinion. Such notice shall be deemed to be favourable if it has not been made in writing within two months. "
V.-After the third paragraph of Article L. 230-3 of the Code, two sub-paragraphs read as follows:
" Where the request for acquisition is motivated by the obligations relating to the conditions under which housing programmes are imposed pursuant to Article L. 123-2, the judge of the expropriation may be seized only by the municipality or The public institution of inter-communal cooperation which has been the subject of the formal notice. The judge shall fix the price of the building which is then exclusive of any incidental allowance, in particular the re-employment allowance. The municipality or the public institution shall have a period of two months from the judicial decision which has become final to notify its decision to the owner and, if it decides to acquire the property, in good order the price within six months From this decision.
" The procedure referred to in the fourth paragraph may be carried out, at the request of the municipality or the public establishment which has been the subject of the formal notice, by a public establishment with a vocation or a concessionaire of a development operation. "
VI. -In the last sentence of Article 54 of Act No. 85-30 of 9 January 1985 on the development and protection of the mountain, after the word: ", the word:" To " Is replaced by the words: " In the first paragraph of ".
VII. -In the first sentence of article L. 230-4 of the urban planning code, the words: In Article L. 123-2 " Are replaced by the words: " A to c of article L. 123-2 ".
VIII. -After Article L. 230-4 of the same Code, Article L. 230-4-1 is inserted as follows: '
' Art. L. 230-4-1. -In the case of land situated in the sectors referred to in Article L. 123-2, the requirements relating to the conditions for the realization of housing programmes are no longer enforceable against the applications for building permits which are filed Within a period of two years from the date on which the municipality or public institution of competent inter-municipal cooperation notified the owner of its decision not to proceed with the acquisition, from the expiry of the one-year period Referred to in the first paragraph of Article L. 230-3 or, in the case of a reference to the The expropriation, the two-month period referred to in the fourth paragraph of the same article, if the municipality, the public institution of inter-communal cooperation or the bodies mentioned in the fifth paragraph of the same article have not made known their Decision to acquire within these time limits. "
IX. -In the communes of more than 20 000 inhabitants and those of more than 1 500 inhabitants belonging to a public establishment of intercommunal cooperation of more than 50 000 inhabitants competent in the field of habitat, the municipal council may, by A reasoned decision, provided that the general economy of the land use plan or the project for the development and sustainable development of the local town planning plan is not affected, delimiting the sectors within which the implementation Housing programs with at least one-half of social rental housing Benefits from an increase in the coefficient of land use. Fixed discharge for each sector this mark-up which cannot exceed 50 %. This IX is applicable only to building permits issued before January 1, 2010.
X. -The fourth paragraph of Article L. 147-5 of the Urban Planning Code is supplemented by the following words: And reconstruction operations rendered necessary by a demolition operation in zone A or B if they do not result in an increase in the population exposed to the nuisance, than the standards of sound insulation laid down by the authority And the cost of isolation is the exclusive responsibility of the constructor ".
XI. -The same code is thus amended:
1 ° In the first paragraph of Article L. 121-4, after the words: " Urban transport ", are inserted the words:" , public institutions for inter-communal cooperation in the field of local habitat programme " ;
2 ° In the second sentence of the first paragraph of Article L. 123-6, the words: " The representatives of the authority responsible for the organisation of urban transport and ' Are replaced by the words: " To the President of the competent authority for the organisation of urban transport and, if not the same person, to that of the public establishment of competent inter-communal cooperation in relation to the local habitat programme, including the Commune is a member and representatives " ;
3 ° In the first paragraph of Article L. 123-8, after the words: " Public establishment provided for in Article L. 122-4, ' shall be inserted as follows: ' The President of the public establishment of inter-communal cooperation in the field of the local habitat programme of which the municipality is a member, ".
XII. -The provisions of IV shall apply to local planning plans whose development or revision has been prescribed after the entry into force of this
. -The provisions of XI shall apply to territorial coherence schemes and local planning schemes, the preparation or revision of which has been prescribed after the entry into force of this Law.
I. -Article 1384 A of the General Tax Code is supplemented by a paragraph worded as follows: '
' The duration of the exemption referred to in the I bis shall be extended to thirty years for buildings which benefit from a decision to grant a grant or loan assisted between 1 July 2004 and 31 December 2009. "
II. -The provisions of the I shall apply to constructions whose construction has been opened from the date of publication of this Law
I. -Order No. 2005-1527 of 8 December 2005 concerning the building permit and town planning authorisations is
. -The urban planning code is thus amended:
1 ° The second paragraph of Article L. 111-5-2, in its wording resulting from Article 3 of Order No. 2005-1527 of 8 December 2005, is deleted as from 1 July 2007;
2 ° Le The second paragraph of Article L. 421-4, in its wording resulting from Article 15 of the same order, reads as follows: '
' This decree specifies the cases in which the fences are also subject to prior declaration." ;
3 ° Article L. 424-5, in its wording resulting from Article 15 of the same order, is supplemented by a paragraph worded as follows:
" The permit to construct, develop or demolish, tacitly or explicitly, may be withdrawn only if it is illegal and within three months from the date of that decision. After this period, the permit may be withdrawn only upon the explicit request of the beneficiary." ;
4 ° After fifth paragraph (d) of Article L. 422-2, in its wording resulting from Article 15 of the same order, it shall be inserted as follows: '
' (e) Housing constructed by construction companies in which the State holds the majority of the capital." ;
5 ° Section L. 425-4, in its wording as a result of section 15 of the same order, is repealed;
6 ° In the first sentence of the first paragraph of Article L. 442-8, as a result of section 15 of the same order, the Words: " Or the decision not to oppose the prior declaration " Deleted;
7 ° Article L. 443-4, in its wording resulting from Article 15 of the same order, is supplemented by a paragraph worded as follows: '
' This Order determines the classes of land on which mobile recreational residences and light recreational homes can be installed or established. It may provide for derogations for the temporary relocation of persons affected by disasters." ;
8 ° In the first paragraph of Article L. 443-15 -1, in its wording resulting from Article 30 of the same order, the references: Article L. 421-3 and Title V of Book IV ' Are replaced by the reference: " Title III of Book IV ".
In the first paragraph of Article L. 300-4 of the code of town planning, the word: Book " Is replaced by the word: " Code ".
Before the last paragraph of Article L. 421-2-1 of the urbanism code, it is inserted as follows:
" (d) Housing constructed by construction companies in which the State holds the majority of the capital. "
After Article L. 111-11 of the Town Planning Code, an Article L. 111-12 reads as follows:
" Art. L. 111-12. -Where a construction has been completed for more than ten years, the refusal to permit the construction or declaration of works cannot be based on the irregularity of the initial construction under the law of town planning
The provisions of the first subparagraph shall not apply:
" (a) When the construction is of a nature, by its situation, to expose its users or third parties to a risk of death or injury which may result in permanent mutilation or infirmity;
" (b) Where a demolition action has been initiated under the conditions laid down in Article L. 480-13;
" (c) Where the construction is located at a site classified pursuant to articles L. 341-2 and following of the environmental code or a natural park established pursuant to Articles L. 331-1 and following of the same code;
" D) When construction is on the public domain;
" (e) When construction has been completed without a building permit;
" (f) In the areas referred to in Article L. 562-1 of the Environment Code. "
Article L. 480-13 of the urbanism code reads as follows:
" Art. L. 480-13. -When a building was constructed in accordance with a building permit:
" (a) The owner may not be sentenced by a court of the judicial order to demolish it by reason of the lack of knowledge of the rules of urban planning or of utility easements unless, in advance, the permit has been cancelled for excess of power by Administrative jurisdiction. Demolition proceedings must be instituted no later than two years after the final decision of the administrative court;
" (b) The manufacturer may be convicted by a court of the judicial order for damages only if, in advance, the permit has been annulled for excess of power or if its illegality has been established by the administrative court. Civil liability action shall be instituted no later than two years after the completion of the work
When the completion of the work occurred prior to the publication of Law No. 2006-872 of 13 July 2006 on the national commitment to housing, the previous prescription continues to run under its regime. "
After Article L. 600-4-1 of the urbanism code, an Article L. 600-5 reads as follows:
" Art. L. 600-5. -Where it finds that only part of a construction or development project which has been the subject of an urban planning authorisation is illegal, the administrative court may give a partial annulment of that
. The competent authority shall take, at the request of the beneficiary of the authorisation, an amending order taking account of the judicial decision which has become final. "
After Article L. 600-4-1 of the urbanism code, an article L. 600-6 reads as follows:
" Art. L. 600-6. -Where the administrative court, seised of a prefectural deferential, has annulled by a decision which has become final a permit to construct for a ground which is not subject to regularisation, the State representative in the department may initiate a Civil action for the demolition of construction in accordance with the conditions and deadlines laid down in the second subparagraph of Article L. 480-13. "
The second subparagraph of Article L. 142-1 of the Environment Code is supplemented by the following words: After the date of its approval. '.
After Article L. 600-1 of the Code of Urban planning, it is inserted an article L. 600-1-1 thus written:
" Art. L. 600-1-1. -An association is entitled to act against a decision relating to the occupation or use of the soil only if the filing of the statutes of the association in prefecture has occurred prior to the posting of the petition by the petitioner in the town hall.
I. -The urbanism code is thus modified:
1 ° Book II is completed by a Title IV thus written:
"TITLE IV
" PRIORITY RIGHT
" Art. L. 240-1. -It is established in favour of municipalities and public institutions of inter-communal cooperation with the right of urban preemption a right of priority over any project for the assignment of a building or social rights giving rise to the award In the possession or enjoyment of a building or part of immovable property situated in their territory and belonging to the State, to companies of which it holds the majority of the capital, to the public establishments referred to in Article 1 of Act No. 97-135 of 13 February 1997 establishing the public establishment " Réseau ferré de France en vue du Renewal of rail transport, Article 18 of Law No. 82-1153 of 30 December 1982 on the orientation of inland transport and Article 176 of the Code on inland waterways and inland navigation or public establishments of which The list shall be fixed by decree, with a view to the implementation, in the general interest, of actions or operations in accordance with the objects defined in Article L. 300-1 of this Code or to constitute land reserves in order to enable the implementation of Such actions or operations.
" The municipality or the public establishment of inter-communal cooperation may delegate its right of priority in the cases and conditions provided for in Articles L. 211-2 and L. 213-3.
" Art. L. 240-2. -The provisions of Article L. 240-1 shall not
: -the assignment of a building or a collection of immovable property and immovable property disposed of under the condition of the preservation in the premises of a public service or of an administration, in accordance with the provisions of a lease to be concluded for a minimum period of three Years;
" -the disposal by the State of the public establishments referred to in Article 1 of Act No. 97-135 of 13 February 1997 referred to in Article 18 of Law No. 82-1153 of 30 December 1982 and Article 176 of the Code of the Public River and the Inland navigation, or the public establishments appearing on the list provided for in Article L. 240-1, of immovable property for the purpose of carrying out the operations of national interest referred to in the second paragraph of Article 1 of Act No. 2006-872 of 13 July 2006 National Housing Commitment.
" On an exceptional basis, where the restructuring of a body of authorities or services justifies a group sale of several buildings or real property rights belonging to the State, the provisions of this Article shall apply to All goods put up for sale.
" Art. L. 240-3. -The State, the companies and the public establishments referred to in Article L. 240-1 shall notify the municipality or the public establishment of competent inter-municipal cooperation of their intention to dispose of their property and property rights and shall indicate that Sale price as estimated by the Director of Tax Services. The municipality or the public establishment of competent inter-municipal cooperation may, within two months of such notification, decide to acquire the property and immovable property at the stated price or propose to acquire them at a price Under the provisions of Article L. 3211-7 of the general code of public ownership. Failing agreement on the price, the municipality or the public establishment of inter-communal cooperation may, within the same period or within 15 days of the notification of the State's response to its request for a decrease in the price of Sale, seize the judge of the expropriation in order to fix the price of the building and inform the seller. The price is fixed as in the case of expropriation; it is exclusive of any incidental allowance and, in particular, the re-employment allowance. The municipality or the public establishment of inter-communal cooperation shall have a period of two months from the judicial decision which has become final in order to decide to acquire the property and property rights at the price fixed by the judge. Unless the property is withdrawn from the sale, the municipality or the public institution shall pay the price six months at the latest after its decision to
. In case of refusal to acquire at the price estimated by the Director of Tax Services, of the absence of referral to the judge of the expropriation, refusal to acquire at the price fixed by him or in the absence of reply within the period of two months mentioned in the fifth Sentence of the first subparagraph, the procedure for the disposal of property may continue.
" If the State, the companies and the public institutions referred to in Article L. 240-1 decide to dispose of the immovable property and rights at a price lower than that originally proposed by the Director of Tax Services or fixed by the judge of The expropriation, they propose the acquisition to the municipality or to the public institution of intercommunal cooperation which has a period of two months to reply.
" If the property and property rights have not been disposed of within a period of three years from the notification of the declaration of intention to dispose of or the decision which has become final of the judge of the expropriation, the municipality or the public establishment Of inter-communal cooperation shall recover its right of priority. ' ;
2 ° Article L. 211-3 is reinstated:
" Art. L. 211-3. -The right of urban preemption shall not apply to the disposals of immovable property and rights which have been the subject of the notification provided for in Article L. 240-3. "
II. -1. Section 30 of Act No. 91-662 of 13 July 1991 for the city is repealed.
2. The II of Article L. 4422-45 of the General Code of Local and Regional Authorities is
. In Article L. 5333-9 of the Code, the words: Section 30 of Act No. 91-662 of 13 July 1991 for the city " Are replaced by the words: " Articles L. 240-1, L. 240-2 and L. 240-3 of the code of town planning
. -The II of Article 150 U of the General Tax Code is supplemented by an 8 ° thus written:
" 8 ° Who are assigned before 31 December 2007 to a territorial community for assignment to one of the bodies mentioned at 7 °; in case of failure to comply with this condition within one year from the acquisition of the goods, the Territorial community gives the State the amount owing under I. "
The first paragraph of Article L. 324-2 of the Urbanism code is completed with two sentences so written:
" The Prefect (s) shall have a period of three months from the transmission of the proceedings in order to give their consent. In the absence of a decision on the expiry of that period, the order establishing the public establishment shall be tacitly acquired. "
Section L. 326-1 of the urbanism code reads as follows:
" Art. L. 326-1. -Local public institutions for urban renewal established pursuant to this Chapter shall be local public establishments of an industrial and commercial nature. They shall be competent to conduct, for the exclusive account of their members, operations and actions for urban renewal and economic development within the meaning of Act No. 2003-710 of 1 August 2003 of orientation and programming for the city and Urban renewal. "
After paragraph 4 (c) of Article L. 211-4 of the urbanism code, it is inserted as follows:"
" (d) The transfer of all the shares of a real property civil society, where the property of that company is constituted by a land unit, whether or not built, the assignment of which would be subject to the right of pre-emption. "
In the first sentence of the last paragraph of Article L. 210-1 of the urbanism code, after the words:" Local habitat program ", are inserted words:" Or, in the absence of a local habitat program, when the municipality has deliberated to define the framework for the actions it intends to take to carry out a social housing construction program ".
I. -After Article L. 326-7 of the Town Planning Code, a Chapter VII is inserted as follows:
"Chapter VII
" Local public development corporations
" Art. L. 327-1. -Territorial authorities and their groupings may, on an experimental basis, for a period of five years, take stakes in local public development companies of which they hold the full amount of capital
One of the local authorities or one of the groups of local authorities participating in a local public development company shall have at least the majority of the voting
. These companies shall be competent to carry out, on behalf of their shareholders and on the territory of the local and regional authorities, any development operation within the meaning of this Code.
" Local public development companies take the form of an anonymous company governed by Book II of the Commercial Code and by Chapter IV of Title II of Book V of Part I of the General Code of Local and Regional Authorities. "
II. -The Government shall transmit to Parliament, within five years of the promulgation of this Law, a report establishing an assessment of the application of Article L. 327-1 of the urban planning code
Article L. 135 B of the book of tax procedures is thus amended:
1 ° The first paragraph reads as follows:
" The tax authorities shall, at their request, provide free, at their request, to the owners subject to an expropriation procedure, to the services of the State, to the local authorities, to public institutions of inter-communal cooperation endowed with Of its own taxation, public administrative establishments and public institutions referred to in Articles L. 321-1, L. 324-1 and L. 326-1 of the Town Planning Code, the information it holds concerning the property values declared to The occasion of the changes in the last five years And are necessary for the exercise of their land and development policy expertise. This administration cannot, in this case, take advantage of the secrecy rule." ;
2 ° At the beginning of the first sentence of the sixth paragraph, the words: " It shall also be required to submit to them, at their request, " Are replaced by the words: " It also transmits, free of charge, to their request, to the services of the State, to the local authorities, to public institutions of inter-communal cooperation with a proper taxation and to the National Housing Agency, ".
The 2 ° of the V of Article 1609 h C of the general tax code is thus amended:
1 ° The second sentence of the first subparagraph is supplemented by the following words: , provided that the public establishment of inter-communal cooperation has, under the conditions laid down in Article L. 302-7 of the same Code, collected the levy referred to in that Article and that that fraction is allocated to the carrying out of operations of Social rental housing " ;
2 ° The last paragraph is supplemented by a sentence so worded:
" The deliberative organ of the public institution of intercommunal cooperation shall transmit annually to the representative of the State in the department a report on the application of the second sentence of the first paragraph of this 2 °. "
I. -Article L. 2335-3 of the General Code of Territorial Communities is supplemented by a paragraph worded as follows: '
' For social housing units benefiting from a grant or loan decision assisted between 1 December 2005 and 31 December 2009, with the exception of housing constructed by means of loans referred to in sub-section 3 of section 1 of The single chapter of Title III of Book III of the code of construction and housing, the loss of revenue for municipalities resulting from the exemption from the property tax on the properties built for fifteen or twenty years provided for by the articles 1384 A and 1384 C of the General Tax Code are offset in full by a levy On the revenue of the State. In this case, the compensation paid to each municipality is equal to the amount of the loss of income each year. "
II. -Article L. 5214-23-2 of the same code is supplemented by a paragraph worded as follows:
" For social housing units benefiting from a grant or loan decision assisted between 1 December 2005 and 31 December 2009, with the exception of housing constructed by means of loans referred to in sub-section 3 of section 1 of The single chapter of Title III of Book III of the code of construction and housing, the loss of income for the communities of communes resulting from the exemption from the property tax on the properties built for fifteen or twenty years provided for by Articles 1384 A and 1384 C of the General Tax Code shall be compensated in full by a Revenue collection from the State. In this case, the compensation paid to each community of communes is equal to the amount of the loss of income each year. "
III. -Article L. 5215-35 of the Code is supplemented by a paragraph worded as follows: '
' For social housing units benefiting from a grant or loan decision assisted between 1 December 2005 and 31 December 2009, with the exception of housing constructed by means of loans referred to in sub-section 3 of section 1 of Single chapter of Title III of Book III of the code of construction and housing, the loss of income for urban communities resulting from the exemption from property tax on the properties built for fifteen or twenty years provided for by the Articles 1384 A and 1384 C of the General Tax Code shall be compensated in full by a Revenue collection from the State. In this case, the compensation paid to each urban community is equal to the amount of the loss of revenue each year. "
IV. -Article L. 5216-8-1 of the same code is supplemented by a paragraph worded as follows:
" For social housing units benefiting from a grant or loan decision assisted between 1 December 2005 and 31 December 2009, with the exception of housing constructed by means of loans referred to in sub-section 3 of section 1 of Single chapter of Title III of Book III of the code of construction and housing, the loss of revenue for agglomeration communities resulting from the exemption from property tax on the built properties for fifteen or twenty years provided for By Articles 1384 A and 1384 C of the General Tax Code are fully compensated By a levy on the revenue of the State. In this case, the compensation paid to each community of agglomeration is equal to the amount of the loss of revenue each year. "
The third Paragraph and the table to Article 1585 D of the General Tax Code reads as follows:
" As of 1 January 2007, this value is as follows:
You can view the table in OJ
No 163, 16/07/2006 text number 1
I. -After Article 1528 of the General Tax Code, an Article 1529 reads as follows: '
' Art. 1529. -I.-Municipalities may, on the discharge of the municipal council, establish a flat tax on the sale of bare land which has been made constructible by virtue of their classification by a local town planning plan in an area Urban or in an urbanizing zone open to urbanization or by a communal map in a constructible zone.
" II. -The tax applies to transfers made by natural persons and corporations and groupings, subject to tax on income relating to the added value under the conditions laid down in Article 150 U, and by taxpayers who are not Tax resident in France subject to income tax, subject to the levy, subject to the conditions laid down in Article 244 bis A.
" It does not apply:
" -the assignments referred to in the 3 ° to 8 ° to Article 150 U II;
" -land assignments that have been classified as building land for more than 18 years;
" -where the transfer price of the land, as defined in Article 150 VA, is less than the acquisition price, actually paid by the assignor and as stipulated in the deed of assignment, plus an amount equal to 200 % of that price.
" III. -The tax is based on an amount equal to two thirds of the sale price of the land, as defined in Article 150 VA.
" The tax is equal to 10 % of that amount. It is payable on the first transfer of the land after it has been filed in a constructible field. It is due by the assignor.
" IV. -A declaration, in accordance with a model established by the administration, traces the elements used for the liquidation of the tax. It shall be filed in accordance with the conditions laid down in 1 ° and 4 ° of the I and in II of Article 150 VG
Where the assignment is exempt under the third or fourth paragraph of II of this Article, no declaration shall be filed. The act of assignment subject to the merged formality or submitted to the registration specifies, under penalty of refusal of deposit or the formality of registration, the nature and basis of that exemption or absence of taxation. The provisions of the second and third paragraphs of Article 150 AG shall apply.
" V.-The tax is paid at the time of filing of the declaration under IV. The provisions of Parts I and II of Article 150 VF, the second paragraph of I and II and III of Article 150 VH and the penultimate subparagraph of I of Article 244 bis A shall
. VI. -The discharge provided for in the I shall apply to assignments made as from the first day of the third month following the date on which such release occurred. It shall be notified to the tax services not later than the first day of the second month following the date on which it took place. Otherwise, the tax is not payable. "
II. -The II of Article 1379 of the Code is supplemented by a 4 ° thus written:
" 4 ° Lump sum tax on transfer for consideration of land that has become constructible. "
III. -An order in Council of State shall lay down the conditions for the application of this Article. This Order specifically sets out the obligations of the transferor.
IV. -The provisions of this Article shall apply to assignments as from 1 January 2007.
After Words: " Caisse des dépôts et consignations ", the end of the first sentence of the sixth paragraph of Article L. 2334-17 of the general code of the local authorities is deleted
I of Article 278 Sexies of the general tax code is supplemented by a 6 thus written:
" 6. Sales and self-supply of real property within the meaning of Article 257, for use as principal residence, for natural persons whose resources do not exceed by more than 30 % the ceilings for the resources provided for in Article L. 441-1 of the code of construction and housing and located in areas covered by a convention provided for in Article 10 of Act No. 2003-710 of 1 August 2003 of orientation and programming for the city and urban renewal or All located at a distance less than 500 metres from the boundary of these areas. "
I. -Article L. 443-12 of the code of construction and housing reads as follows:
" Art. L. 443-12. -The selling price is fixed by the owner body, after notice of the mayor of the settlement of the accommodation sold.
" If the mayor has not replied within two months, his opinion is deemed favourable.
" Where the purchaser is a natural person, the price may be 35 % less or more than the assessment made by the service of the domains, based on the price of a comparable accommodation free of occupation.
" Where the acquirer is one of the legal persons referred to in Article L. 443-11, the sale price may not be less than the assessment made by the service of the estates by taking the price of a comparable accommodation free of occupation, except in Sale to a moderate rent housing agency or a mixed economy corporation. "
II. Article L. 443-12-1 of the same code reads as follows: '
' Art. L. 443-12-1. -The purchaser who wishes to resell his or her accommodation within five years of the acquisition is required to inform the organization of low-cost housing, which may be acquired as a priority.
" Where the purchaser has acquired his or her accommodation at a lower price than the valuation made by the domain service and sells it within five years of the acquisition:
" -if the resale price is higher than the present valuation, it is required to pay to the housing agency a moderate rent equal to the difference between the acquisition price and the assessment made at the time of acquisition;
" -if the resale price is higher than the acquisition price, but less than the present valuation, it is required to pay to the housing agency moderate rent an amount representing the difference between the acquisition price and the price of Resell.
" These prices are non-service charges and accessories for sale.
" Where the purchaser has acquired his accommodation at a price lower than the valuation made by the service of the estates and he leases it within five years of the acquisition, the level of rent shall not exceed the limits set by the The administrative authority.
" On pain of nullity, the contract of sale between the purchaser and the organization of low-rent housing includes a reference to those obligations. "
III. Article L. 443-15 of the Code reads as follows:
" Art. L. 443-15. -In the case of sale carried out under this section, the duties of a co-ownership trustee shall be provided, unless the seller waives it, by the seller as long as it remains the owner of at least one
. However, the general meeting of the co-owners may appoint another trustee as long as the co-owners other than the seller organization hold at least 60 % of the union's
. The functions of a trustee of a condominium bearing immovable property sold pursuant to this section may be provided by the seller organisation in accordance with the provisions of Act No. 65-557 of 10 July 1965 fixing the status of the Co-ownership of built buildings when the organization no longer owns any accommodation.
" The provisions of the second paragraph of Article 22 of Law No. 65-557 of 10 July 1965 do not apply to the moderate rent housing agency. "
I. -After Article L. 443-15 -5 of the Construction and Housing Code, a section 2 bis reads as follows:
"Section 2 bis
" Social accession to the Property
" Art. L. 443-15 -7. -Set up in the communes which wish to have a single window in the framework of a procedure of social accession to the property
In town halls, this single window makes available to the public a file presenting all the social accession support schemes to the property.
" The following shall be communicated to the mayors, at their request:
" -plans to sell housing to their tenants by social donors;
" -information relating to the operation of social accession to the property of private or social promoters located in the municipality;
" -information on loan schemes proposed by credit institutions in favour of small households, such as loans referred to in the first sentence of the third paragraph of Article L. 312-1 of this Code, and Non-interest reimbursable advances referred to in section 244 quater J of the General Tax Code.
" The social housing units referred to in Article L. 302-5 of this Code, for five years from their sale, shall be deemed to be sold as from 1 July 2006 to their tenants, pursuant to Article L. 443-7. "
II. -Before the last paragraph of the I of Article 244 quater J of the General Tax Code, a paragraph shall be inserted as follows: '
' Until 31 December 2010, the amount of the non-interest repayable advance shall be increased by a maximum amount of EUR 15 000 for the operation of social accession to the property relating to the construction or acquisition of new and giving housing Social accession aid to the property attributed by one or more local authorities or by a group of local authorities in the place of establishment of the dwelling, under the conditions laid down in Article L. 312-2-1 of the Code of construction and housing. The resources of the households benefiting from this increase must be less than or equal to the ceilings for the resources allowing access to the social housing units referred to in Article R. 331-1 of the same Code. "
III. -The II of this Article shall enter into force on 1 January 2007.
I. -Article L. 251-1 of the Construction and Housing Code is supplemented by a paragraph worded as follows: '
' However, where the lease provides for the opportunity to purchase the land by the lessee in connection with an operation of social accession to the property under the conditions laid down in Section 1 of Chapter III of Title IV of Book IV of this Code, and The lessee removes the option, the lease expires on the date of sale, notwithstanding the provisions of the third paragraph. "
II. -Article L. 251-6 of the Code is supplemented by a paragraph worded as follows: '
' The same shall apply when the licensee raises the option in accordance with the provisions of the fourth paragraph of Article L. 251-1 for the privileges and mortgages referred to in the first paragraph of this Article and entered before the option is exercised. In these circumstances, the privileges and mortgages extend from full rights to the land and can guarantee loans for the acquisition of the land. "
I. -At the end of the second sentence of the second and third paragraphs of Article L. 443-15 -2 of the code of construction and housing, the words: By means of the advertising provided for in the second subparagraph of Article L. 443-11 " shall be replaced by the following words: By means of an advertisement whose terms are fixed by decree in the Council of State ".
II. -After Article L. 443-15 -2 of the same Code, a Article L. 443-15 -2-1 reads as follows: '
' Art. L. 443-15 -2-1. -The provisions of this Section, with the exception of Article L. 443-14, shall apply to the social housing units of the territorial communities covered by agreements concluded pursuant to Article L. 351-2. However, where a territorial community puts on sale a vacant unit under contract, it must give priority to all tenants of its heritage under contract in its territory, by means of publicity, including the terms and conditions Shall be fixed by decree in the Council of State. Moreover, the surplus of the sums collected by the territorial community within the meaning of the fourth paragraph of Article L. 443-13 is allocated as a matter of priority to the financing of new programmes for the construction of contracted rental housing, to the Development of an offer of accommodation in the establishments referred to in Article L. 312-1 of Article L. 312-1 of the Code of Social Action and Families, for work aimed at substantially improving a specific set of dwellings Rental agreements, or acquisitions of housing to be conventionated for the purpose of Locative use.
" The provisions of this Section, with the exception of Article L. 443-14, shall also apply in the overseas departments to the sale of the social housing units of the territorial authorities constructed, acquired or Improved with state subsidies or state-assisted loans. However, where a territorial community provides for the sale of vacant social housing, it must give priority to all tenants of its social heritage in its territory, by means of an advertisement whose terms are fixed by Council of State decree. In addition, the surplus of the sums received by the territorial community, within the meaning of the fourth paragraph of Article L. 443-13, is allocated as a priority to the financing of new programmes for the construction of social housing units, for development Provision of accommodation in the establishments referred to in Article L. 312-1 of the Code of Social Action and of the families of Article L. 312-1 of the Code of Social Action for the purpose of substantially improving a specified set of rental housing Social housing or acquisition of housing for social rental purposes. "
I. -The general tax code is thus amended:
1 ° In Article 261, 9 ° 5, the words: " Having been the subject of the intended self-delivery ", are replaced by the word:" Mentioned " ;
2 ° At the end of the last sentence of section 284, the words: " Of the dwelling carried out in accordance with the terms of Article 261 of Article 261 ' shall be replaced by the words' To their occupants, under the conditions laid down in Law No. 84-595 of 12 July 1984 defining the rental-accession to immovable property, of dwellings referred to in the tenth paragraph of Article 257 (c) of Article 257 " ;
3 ° In the first paragraph of 6 ° bis of Article 207, the words: " As well as the low-cost housing corporations governed by Article L. 411-2 of the Construction and Housing Code, shall be replaced by the following words: " As well as the organizations of low-rent housing governed by Article L. 411-2 of the Construction and Housing Code and the limited liability companies for the coordination of low-rent housing organizations governed by Article L. 423-1-1 of the same Code " ;
4 ° In the 1 ° of Article 46b of Annex III, after reference: " L. 321-8 ", are inserted the references:" , L. 326-1 to L. 326-7 ".
II. -The provisions of the I shall apply to the leasing operations which have benefited from an approval decision issued after 26 March 2004.
I. -The code of construction and housing is thus amended:
1 ° In Article L. 353-14, after the words: Referred to in Article L. 411-2 " shall be inserted as follows: , to housing provided to civil real estate companies governed by Articles L. 443-6-2 et seq. ;
2 ° The fourth paragraph of Article L. 411-3 reads as follows:
" -the dwellings transferred or brought to the civil societies governed by Articles L. 443-6-2 et seq. And became property of a natural person; "
3 ° At the end of the second sentence of the last paragraph of Article L. 411-4, the Words: " Civil real estate companies governed by Article L. 443-7-1 and became property of the natural person partner " Are replaced by the words: " Real estate civil societies of gradual accession to the property governed by Articles L. 443-6-2 et seq. And became property of a natural person partner " ;
4 ° After item L. 443-6-1, a section 1 bis reads as follows:
"Section 1 bis
" Arrangements for progressive accession
of Tenants at property
" Art. L. 443-6-2. -Real estate acquisition civil societies are subject to the detention, management and maintenance of buildings which have been the subject of a contribution by a housing agency with a moderate rent, with a view to their division into To be leased to natural persons whose resources do not exceed, at their entry into the premises, the ceilings fixed in accordance with the provisions of Article L. 441-1 and to be eventually attributed to the Associated.
" The statutes of these companies allocate the rights component of the social capital in divisible parts of shares. Each divisible lot of units shall represent a dwelling and its accessory premises where applicable, corresponding to one or more lots defined in the descriptive statement of division. These statutes are in accordance with standard clauses approved by decree in the Council of
. Art. L. 443-6-3. -Civil real estate companies governed by Article L. 443-6-2 are created by the organizations of low-rent housing units with rental properties referred to in Article L. 411-2. These may, for buildings brought to these real estate civil societies, benefit from loans granted under the regulation on low-rent housing for construction, acquisition or acquisition, followed by work Building improvement.
" The partners of the real estate civil societies governed by Article L. 443-6-2 are the bodies mentioned in the first paragraph and the tenants physical persons of a dwelling unit of the social building and holders of social
. The housing organisation with moderate rent, association and management, manages the buildings and allocates the housing concerned in accordance with Articles L. 442-1 to L. 442-6, with the exception of Article L. 442-5.
" The free housing of any occupation included in immovable property brought to civil societies governed by Article L. 443-6-2 by organizations of low-rent housing shall be leased in accordance with the provisions of the same article to Physical persons who must simultaneously acquire shares of these companies.
" The provisions of this Section are applicable to residential, residential, or residential and occupation-free residential and occupation-free buildings, including moderate-to-rent housing organizations Referred to in Article L. 411-2 are owners.
" Art. L. 443-6-4. -A descriptive statement of division delineates the various parts of the social building, distinguishing between those which are common to those for private use. It fixes the shares of the common parties for each lot.
" A condominium regulation shall determine the destination of the parties reserved for the exclusive use of each partner and, where applicable, that of the common parties assigned to the use of all partners or of several of them. It is established in accordance with the provisions of Act No. 65-557 of 10 July 1965 fixing the status of co-ownership of built buildings. It shall not impose restrictions on the rights of the partners on the parties reserved for their exclusive enjoyment, other than those which are justified by the destination of the building, by its characteristics or its situation.
" The descriptive statement of division and the condominium regulations shall be annexed to the statutes of these
. The buildings referred to in the first subparagraph shall be brought to the civil real estate companies governed by Article L. 443-6-2, after having been evaluated by the service of the domains and for a value consistent with that assessment.
" Art. L. 443-6-5. -The tenant becomes the owner of the housing he occupies only after having acquired all the shares of the lot representative of his
. Any tenant or associated tenant can only acquire shares of a civil company that is progressive in ownership of the property if it is up to date on all its rental obligations and, where applicable, the obligations to civil society Property.
" The shares acquired by the associated tenant may be transferred or exchanged under the conditions laid down in the statutes.
" When the associated tenant resells all of his shares, he remains the tenant of the real estate civil society of progressive accession to the property or, in the event of dissolution of the property, becomes tenant of the housing agency with moderate rent.
" Art. L. 443-6-6. -At the request of the associated tenants, the association-manager of a real property company governed by Article L. 443-6-2 sells and redeems the shares at their non-indexed par value.
" The shares assigned by the associate manager or the associated tenants must be free of security.
" At the time of the formation of the real estate civil society, the organization of low-rent housing provides the guarantee of a financial institution or an insurance company approved for this purpose for the reimbursement of the shares to each partner Physical. This guarantee takes the form of a bond agreement according to which the surety compels the partner physically, jointly and severally with the moderate housing agency, to pay the sums necessary for the redemption of the Parts.
" The organization of low-rent housing, associate-manager, may dispose of the entire share of the housing lot for the benefit of the tenant at the end of ten years from the construction or acquisition of the building By the low-cost housing agency.
" The alienation of the whole share of a lot before the time limit laid down in the fourth paragraph of this Article may be authorized by a reasoned decision of the representative of the State in the accommodation department, after consultation with the Settlement. The reimbursement of all or part of the aid granted by the State for the construction, acquisition or improvement of such housing shall be due in accordance with arrangements laid down by the administrative
. Art. L. 443-6-7. -The rights of the tenants associated with the social capital of a real property civil society governed by Article L. 443-6-2 must be proportional to the value of the assets to which they are intended in relation to the value of the whole.
" Associated tenants are required to respond to calls for funds in proportion to their capital duty. Where the associated tenant does not comply with this obligation and after notice by registered letter with the request for an unsuccessful receipt for more than thirty days following the first presentation of the Registered letter in the home of the recipient, its dividends are allocated in priority to the clearance of its debt to the company.
" By way of derogation from the provisions of Article 1857 of the Civil Code, the liability of the physical person shall be limited to the fraction of the shares acquired for each
. Art. L. 443-6-8. -Articles L. 214-6 to L. 214-9 shall apply to companies governed by this section
Art. L. 443-6-9. -The associated tenant who has satisfied all the obligations to which he or she is liable to civil society for the progressive accession to the property benefits, when he has acquired all the shares of the lot representative of the housing that he Occupies, from the ownership of this slot.
" Ownership of the property shall result in the withdrawal of the person from the real estate civil society of the progressive accession to the property. This withdrawal is evidenced by an authentic act signed by the partner and by a representative of the associate-manager.
" The remove is fully entitled:
" -cancellation of the share of the allocated housing lot;
" -correlative reduction in social capital;
" -amendments to the statutes rendered necessary by the withdrawal. These changes are made by the associative-manager;
" -the application to the consignment ceded from the condominium scheme defined by Law No. 65-557 of 10 July 1965, supra;
" -the surrender in the hands of the person concerned of the condominium regulations and of the descriptive status provided for in Article L. 443-6-4.
" By way of derogation from Articles L. 353-4 and L. 353-5, the Convention referred to in Article L. 353-2 shall cease to be effective against the natural person who acquired the accommodation it occupies and to the successive owners of the said
. Art. L. 443-6-10. -The duration of a real estate civil society of progressive accession to the property, fixed by its statutes, shall not exceed twenty-five years. It may, however, be extended by decision of the General Assembly, acting by a majority of the associate members representing at least two-thirds of the
. Art. L. 443-6-11. -The dissolution of a real estate civil society of progressive ownership takes place at the end of the term laid down in the articles of association or when all the housing units have been allocated in ownership. It may also be dissolved by decision of the General Assembly, acting by a majority of the associate members representing at least two-thirds of the
. In the event of dissolution, the organization of low-rent housing, associate-manager, is required to buy back the shares acquired by the tenants who have not acquired all of the shares of the lot to which they are entitled on that date
Art. L. 443-6-12. -Where the moderate rent housing agency makes the contribution of a building to a real property civil society under the conditions laid down in Article L. 443-6-2, the immediate repayment of the loans contracted for the construction, the acquisition of that property The building or its acquisition followed by improvement works is not payable, provided that their repayment remains guaranteed under the conditions that had allowed them to be obtained. The organization shall notify the lending institutions and guarantors of the assignment. As regards personal security rights, this reservation is deemed to be lifted in the absence of opposition from the guarantors within two months of that notification. In the case of security rights, the reserve is deemed to be lifted if the organization obtains a change from their beneficiaries. The building must be free of any security at the time of its contribution by the moderate housing agency to the real estate civil society of progressive accession to the property
Art. L. 443-6-13. -A decree of the Council of State shall specify the conditions for the application of this section." ;
5 ° Article L. 443-7-1 is repealed;
6 ° The first paragraph of I of Article L. 453-1 is supplemented by the words: And real estate transactions carried out by the real estate civil societies referred to in Article L. 443-6-2 containing dwellings that have already been occupied " ;
7 ° After Article L. 472-1-6, an article L. 472-1-7 reads as follows:
" Art. L. 472-1-7. -The provisions of Section 1a of Chapter III of Title IV of this book shall apply in the overseas departments to mixed economy companies for rental units belonging to and built, acquired or improved With state financial aid.
" By way of derogation from Article L. 443-6-3, the joint economy, association and management company shall manage the buildings and allocate the accommodation in accordance with Article L. 472-1-3.
" A decree of the Council of State shall determine the conditions for the application of this Article." ;
8 ° After Article L. 481-5, an Article L. 481-6 reads as follows:
" Art. L. 481-6. -The provisions of Section 1a of Chapter III of Title IV of this book shall apply to mixed economy societies for dwellings covered by conventions governed by Chapter III of Title V of Book III
By way of derogation from Article L. 443-6-3, the Joint Economic Partnership, associating and managing, shall manage the buildings and shall lease the dwellings concerned in accordance with the provisions of the conventions referred to in the first
. A decree of the Council of State determines the conditions for the application of this Article. "
II. -The general tax code is thus amended:
1 ° 1 ° of 5 of article 261 is completed by one h so written:
" (h) The divestments of shares of civil societies for progressive accession to ownership under the conditions laid down in articles L. 443-6-2 et seq. Of the code of construction and housing. ;
2 ° I of Article 278 sexies is completed by a 7 thus written:
" 7. Contributions of new social buildings to real estate civil societies of gradual accession to property carried out under the conditions laid down in Articles L. 443-6-2 et seq. Of the code of construction and housing." ;
3 ° In the first sentence of II of section 284, the word and reference: " Or 5 " Are replaced by references: " , 5 or 7 " ;
4 ° I of section 828 is completed by a 4 ° thus written:
" 4 ° Acts of dissolution and division of civil societies governed by Articles L. 443-6-2 et seq. Of the code of construction and housing. ' ;
5 ° After Article 1584 bis, it shall be inserted an Article 1584 ter so worded:
" Art. 1584 ter. -The communes may, by means of a deliberation under the conditions laid down in Article 1639 A bis, exempt from the additional fee the registration fees or the property advertising tax the transfers, other than the first, of each of the Shares of capitalization real estate corporations referred to in section L. 443-6-2 of the construction and housing code representative of portions of buildings.
" The provisions of Article 1594 E shall apply. ' ;
6 ° After Article 1594 H, an article 1594 H bis reads as follows:
" Art. 1594 H bis. -The departments may, by means of a deliberation under the conditions laid down in Article 1639 A bis, exempt from property advertising or registration fees the transfers, other than the first, of each of the shares of civil companies Capitalization property referred to in section L. 443-6-2 of the construction and housing code representative of building fractions.
" The provisions of Article 1594 E shall apply. "
I. -After the first paragraph of I of Article 108 of Act No. 2003-775 of 21 August 2003 on the reform of pensions, it is inserted a paragraph worded as
: The popular retirement savings plan also has as its object the creation of savings for the acquisition of the principal residence of the accession to the first property mentioned in the first paragraph of Article 244 quater J The general tax code, from the date of the winding-up of his pension in a compulsory old-age insurance scheme or at the age fixed pursuant to Article L. 351-1 of the Social Security Code, payable, at that time, by a Capital payment. "
II. -Article 163 bis of the general tax code is thus reinstated:
" Article 163 bis. -For the preparation of income tax, the capital mentioned in the second paragraph of Article 108 of Act No. 2003-775 of 21 August 2003 on the reform of pensions and paid from the date of the winding-up of the member's pension In a compulsory old-age insurance scheme or at age fixed pursuant to Article L. 351-1 of the Social Security Code may, on the express and irrevocable request of the beneficiary, be allocated in equal shares over the year in the course of Which the taxpayer has disposed of and the following four years.
" The exercise of this option is inconsistent with the exercise of the option set out in section 163-0 A. "
Section 13 of the Act 85-695 of 11 July 1985 with various economic and financial provisions is supplemented by an IV and a V thus written:
" IV. -Where the guarantee of the State is not granted, the sums or values arising from the above mentioned banknotes shall be assigned, by priority and in all circumstances, to the payment in interest and capital of such borrowings. They shall be included in an account specially dedicated to receive them open by the bearer of promissed notes and on which the creditors of the promissors, other than the holders of the obligations referred to in II, cannot continue to pay their Receivables.
" V.-The provisions of Book VI of the Commercial Code, or those governing equivalent judicial or equivalent open procedures on the basis of foreign rights, do not preclude the application of the IV.
I Moderate Rent Leases -Book III of the code of construction and housing is thus amended:
1 ° Article L. 321-1 reads as follows:
" Art. L. 321-1. -I.-The National Habitat Agency shall, in accordance with the objectives set out in Article L. 301-1, promote the development and quality of the existing private housing stock. To this end, it shall encourage and facilitate the carrying out of works for the repair, remediation, improvement and adaptation of residential buildings, as well as the execution of conversion work in accommodation of premises not assigned to The dwelling, as long as the accommodation is used as a principal residence. It may carry out assistance, study or communication activities aimed at improving the knowledge of the existing private park and the conditions of its occupation and facilitating access for disadvantaged persons and households to income Small or intermediate to private rental units.
" The National Habitat Agency shall be administered by a Board of Directors which shall include, in addition to the President, members representing the State, departments, municipalities and public institutions of inter-communal cooperation and, On the other hand, an equal number of members including representatives of property owners, tenants and real estate professionals, as well as qualified persons.
" II. -The National Habitat Agency may conclude with any lessor a convention in accordance with Article L. 321-4 or Article L. 321-8 by which the latter undertakes to comply with conditions relating to the tenant's resource limit, to the Rent ceiling and, where applicable, the terms of choice of tenants.
" An Order in Council determines the terms and conditions of this II. This decree defines a simplified procedure for entry into force of conventions.
" III. -For the performance of its mission, the National Habitat Agency has the following resources:
" 1 ° The contributions and grants of the State and its public institutions, the European Union, the local authorities, their groups and their public establishments and any other public or private legal entity ;
" 2 ° Tax revenue affected by law;
" 3 ° The proceeds of the fines referred to in Article L. 651-2;
" 4 ° Borrowings and proceeds of financial investments authorized to be made;
" 5 ° Reimbursement of aid granted and cancelled;
" 6 ° Donations and bequests;
" 7 ° The sums corresponding to the aid granted by the local authorities and the public institutions for inter-communal cooperation referred to in Articles L. 312-2-1 and L. 321-1-1, which are paid to it pursuant to the conventions provided for To these items;
" 8 ° The sums allocated by public or private legal persons with a view to the allocation, on their behalf, of habitat aid not governed by this Code, provided that the housing which is the subject of the aid is occupied as residence Primary.
" IV. -An order in Council of State shall specify the conditions for the application of this Article. It shall determine the arrangements for the management and operation of the National Habitat Agency and the uses of its resources." ;
2 ° The second paragraph of Article L. 321-2 is deleted;
3 ° 2 ° of Article L. 351-2 is thus amended:
a) The words: Where, in the latter case, the accommodation has been built, acquired or improved with the financial assistance of the State " Are deleted;
b) After the words: " By Chapter III of this Title ', are inserted the words: ' Or by section 3 of Chapter I of Title II of this book ".
II. -The words: National Agency for Habitat Improvement " Are replaced by the words: " National Habitat Agency " In all legislative and regulatory provisions.
Article L. 444-2 of the Construction Code and The home is thus written:
" Art. L. 444-2. -The contract of leasehold may be concluded only with the agreement of the mayor of the municipality for the establishment of the dwelling when, in that municipality, the number of social housing units within the meaning of Article L. 302-5 represents, on 1 January of the Penultimate year, at least 20 % of principal residences within the meaning of the last paragraph of the same article. The rental accommodation shall be vacant for at least one year and shall belong to a natural person or persons or to a real property civil society consisting exclusively of parents and allies to the fourth degree included. "
I. -At the end of the first sentence of the first subparagraph of the first paragraph of Article 31 of the General Tax Code, the words: As from 1 January 1999 " Are replaced by the words: " Between January 1, 1999 and September 30, 2006 ".
II. -The 1 ° of the I of Article 31 of the same code is supplemented by a m thus written:
" (m) For leases entered into as of October 1, 2006, a deduction of 30 per cent of the gross income of the rental units under a convention referred to in article L. 321-4 of the Construction and Housing Code, during the Application duration of this convention.
" This deduction shall be increased to 45 % of the gross income of the rental units given in the context of a convention referred to in Article L. 321-8 of the same code, during the period of application of this
. The taxpayer or the owning corporation must lease the bare house for the duration of the agreement to persons who make it their principal residence. For the purposes of the first subparagraph, the rent and the resources of the lessee valued at the date of the conclusion of the lease shall not exceed the limits set at levels lower than those laid down in the first paragraph of the j. The rental cannot be entered into with a member of the tax household, an ascendant or a descendant of the taxpayer, a person already occupying the dwelling or, if it is the property of a corporation not subject to corporation tax, one of its Associated or a member of the tax household, an ascendant, or a descendant of a partner. The partners of a corporation not subject to corporation tax must retain their shares throughout the life of the agreement.
" These provisions shall be exclusive of those provided for in f to l and 199 undecies A; ".
III. -In the f of 2 of Article 32 of the same Code, after the words: Provided for in the i " shall be inserted as follows: , at m or n ".
I. -The 1 ° of the I of Article 31 of the General Tax Code is thus amended:
1 ° The h is thus amended:
(a) At the end of the first sentence of the first subparagraph, the words: " 8 % of the housing purchase price for the first five years and 2.5 % of this price for the next four years " Are replaced by the words: " 6 % of the housing acquisition price for the first seven years and 4 % of this price for the next two years " ;
(b) The first two sentences of the fourth paragraph are deleted and, in the last sentence of the same paragraph, the words: " This period " Are replaced by the words: " The period covered by the hiring commitment " ;
c) In the first sentence of 1, the words: " 8 % of the expenditure for the first five years and 2.5 % of this amount for the next four years " Are replaced by the words: " 6 % of the expenditure for the first seven years and 4 % of this amount for the next two years " ;
d) The third and fourth sentences of the same 1 are deleted and, in the last sentence of the same 1, the words: " This period " Are replaced by the words: " The period covered by the hiring commitment " ;
2 ° The last three paragraphs of k are deleted;
3 ° is added as written:
" (l) A deduction of 30 per cent of gross income when the taxpayer has exercised the option expected at the h during the term of the rental agreement.
" For the purposes of the first subparagraph, the persons concerned, the eligible investments and the conditions for applying the deduction shall be identical to those provided for in the h. The hiring commitment must, however, provide that the lessee is a person other than an ascendant or a descendant of the taxpayer and that the rent and resources of the lessee valued at the date of the conclusion of the lease shall not exceed Ceilings fixed by decree at lower levels, for rent, to four-fifths of those mentioned in the third paragraph of h. The hiring commitment may be suspended, at the end of a tenancy period of at least three years, to make the housing available to an ascendant or descendant of the taxpayer. The latter does not benefit, during the period of making available the accommodation, from the capital cost allowance. This period of accommodation, which may not exceed nine years, shall not be taken into account for the minimum rental period of nine years
Where the property is the property of a corporation not subject to tax on corporations, the lessee shall be a person other than one of the partners or a member of the tax household, an ascendant or a descendant of a partner.
" At the end of the period covered by the hiring commitment, as long as the rent and resource requirements of the tenant provided for in the second subparagraph remain fulfilled, the owner may, by periods of three years and for a maximum period of Six years, to supplement the capital cost allowance deduction at 2.5 per cent of the acquisition or return of the accommodation in the case of a continuation, renewal of the lease or change in ownership of the lease. In the event of non-compliance with the terms and conditions for the rental or transfer of the dwelling, the supplements of deductions during the whole three-year period shall be called into question under the conditions of common
. The first three paragraphs shall apply, subject to the same conditions and limits, to civil property investment companies governed by Articles L. 214-50 and following of the monetary and financial code in proportion to the gross income corresponding to the Rights of partners who have opted for capital cost allowance under section 31 bis of this code.
" For the same dwelling, the provisions of this l are exclusive of the application of those provided for in i, j and k. "
II. -Article 31 bis of the same code is thus amended:
1 ° In the second sentence of the first subparagraph, the words: 8 % for the first five years and 2.5 % for the next four years " Are replaced by the words: " 6 % for the first seven years and 4 % for the next two years " ;
2 ° At the beginning of the penultimate paragraph, the words: " As long as the condition of rent provided for in the third subparagraph of 1 ° of the I of Article 31 remains fulfilled " Are replaced by the words: " As long as the rent and resource requirements of the tenant provided for in the second subparagraph of Article 31 (1) of the I of Article 31 remain fulfilled " ;
3 ° In the first two sentences of the second subparagraph, after the reference: " H "shall be inserted the words and reference:" Or the.
III. -The III of Article 91 of Law n ° 2003-590 of 2 July 2003 urban planning and habitat is
. -The Government submits to Parliament, before 15 September 2007, a report on the assessment of the application of tax aid in favour of rental investment. This report analyses the effects of these measures on rental property investment, in particular with regard to their costs and beneficiaries.
V.-A decree lays down the conditions for the application of this Article. This Order specifies the obligations of the owners of the units and the partners of the owners of the units.
VI. -A.-The provisions of 1 ° of the I shall apply as from the taxation of the income of the year 2006.
B.-The provisions of the a, b and c of 1 ° of the I and of 2 ° and 3 ° of the I shall apply to new or future housing acquired On or after September 1, 2006, and the housing units that the taxpayer has constructed and have been the subject of, as of that date, a declaration of commencement of construction. They also apply to premises for non-residential use acquired on or after September 1, 2006, and that the taxpayer converts to housing and to the properties acquired as of that day that the taxpayer rehabilitates
, the provisions of 3 ° of the I shall apply, under the conditions laid down in the first subparagraph, as from 1 January 2006, provided that the Taxpayer opts for the device provided for in the h of 1 ° I of Article 31 of the Code
provisions of II apply to subscriptions in cash to the initial capital or to capital increases realized on or after September 1, 2006.
Section 261 of Section 261 of the General Tax Code is completed by a g so written:
" (g) Deliveries of real estate by organizations of low-rent housing governed by Article L. 411-2 of the Construction and Housing Code or condominium lots under a safeguard plan pursuant to Article L. 411-2 Article L. 615-1 of the Code by non-profit organizations referred to in paragraph 7 of this Article or by mixed economy companies engaged in the construction or management of social housing; ".
Title V of Book II of the Construction and Housing Code is thus amended:
1 ° Its title reads as follows: Lease to be constructed. -Bail for rehabilitation. -Lease as part of a usufruct agreement " ;
2 ° A Chapter III is added as follows:
"Chapter III
" Bail as part of a usufruct convention
" Art. L. 253-1. -The usufruct of a dwelling or a set of housing may be established by convention for the benefit of a legal person, for a minimum period of fifteen years, for the rental of that dwelling.
" Art. L. 253-2. -Housing for which the usufruct is held by the lessors referred to in Article L. 253-1 may be financed by assisted loans under conditions laid down by
. They may be the subject of a convention referred to in Article L. 351-2, concluded for a period identical to that of usufruct.
" Art. L. 253-3. -The lease shall expressly state, in an apparent manner, the legal status of the dwelling, specify the ultimate term of the contract as provided for in Article L. 253-4 and reproduce the terms of Articles L. 253-5 to L. 253-7.
" Art. L. 253-4. -The lease entered into as part of a usufruct shall terminate on or before the date of the termination of the usufruct on the leased property.
" The second to fourth paragraphs of Article 595 of the Civil Code shall not apply to leases subject to this
. Art. L. 253-5. -Six months prior to the termination of the usufruct, the owner-owner, by registered letter with a request for notification, may:
" -propose to the tenant a new lease taking effect at the end of the usufruct, in accordance with the provisions of Law No. 89-462 of 6 July 1989 to improve rental reports and amending Act No. 86-1290 of 23 December 1986 ;
" -to give leave to sell or to occupy the property in accordance with the procedure laid down in Article 15 of Law No. 89-462 of 6 July 1989, with effect from the end of the usufruct. The leave is in this case validly given by the sole owner to the tenant.
" The notification reproduces the terms of Article L. 253-6 and Article L. 253-7.
" Art. L. 253-6. -I.-One year before the termination of the usufruct, the lessor reminds the owner and lessee of the provisions of Article L. 253-5.
" II. -Three months prior to the termination of the usufruct, the lessor proposes to the tenant who has not entered into a new lease with the owner and who meets the conditions of the resources fixed by decree the rental of a dwelling corresponding to his needs And its possibilities.
" Non-compliance by the usufructuary-lessor of this obligation is unenforceable against the owner.
" Art. L. 253-7. -The tenant who has not entered into the rental contract proposed by the owner or accepted the offer of rehousing made by the lessor-lessor is stripped of any title of occupation on the dwelling at the expiration of the usufruct
Art. L. 253-8. -The provisions of this Chapter shall be of public order.
Article L. 302-1 Of the code of construction and housing is thus amended:
1 ° In the fourth paragraph, the words: " The intercommunal charters of the housing defined in Article L. 441-1-5 " Are replaced by the words: " The inter-communal collective agreement as defined in Article L. 441-1-1 ' ;
2 ° The sixth paragraph is supplemented by a sentence so worded:
" This diagnosis includes identifying situations of unworthy habitat and degraded coproperties. "
I. -Order No. 2005-1566 of 15 December 2005 on the control of unsafe or dangerous habitat is
. -The code of public health is thus amended:
1 ° In the last paragraph of Article L. 1331-26-1, the words: Work prescribed to it " Are replaced by the words: " Prescribed measures " ;
2 ° Article L. 1331-28 is thus amended:
(a) In the first sentence of the first paragraph of the I, after the words: " Definitive prohibition of living and "shall be inserted the words:" , if applicable, " ;
(b) In the first paragraph of II, after the words: " Temporary prohibition of living and ", are inserted the words:" , if applicable, " ;
3 ° The beginning of the first paragraph of Article L. 1331-28-3 reads as follows: The implementation of the measures to remedy the inadequacy and their conformity with the requirements of the order taken on the basis of the II of Article L. 1331-28 are recognised by the Prefect, ... (the rest without change)." ;
4 ° Article L. 1331-29 is thus amended:
(a) In the first sentence of II, the words: " Prescribed work " Are replaced by the words: " Prescribed measures ", and the word" Run " Is replaced by the word: " Executed " ;
b) In the second sentence of II, the words: " Jobs can be run " Are replaced by the words: " Measures can be executed " ;
c) The III is thus written:
" III. -If the failure to comply with prescribed measures relating to the common parts of a condominium is the result of the failure of certain co-owners, the municipality or the State may replace them for the amounts owing on the date voted by The general meeting of the joint owners. The public community is then subrogated in the rights and actions of the union to the amounts it has paid." ;
d) Added a IV as follows:
" IV. -The mayor acting on behalf of the State or, failing that, the prefect is the administrative authority competent to carry out ex officio the measures prescribed in the cases referred to in I, II and III. In this case, the municipality insures the advance of the costs if the mayor implements these measures ex officio. Claims which have not been recovered by the municipality shall be placed at the expense of the State or a public person substituting it, then subrogated to the obligations and rights of the latter. "
III. -The code of construction and housing is thus amended:
1 ° Article L. 111-6-1 is thus amended:
(a) Before the last paragraph, a paragraph shall be inserted as
: The following additional penalty shall also be imposed on natural persons: the prohibition, for a period of not more than five years, of a professional or social activity, provided that the facilities provided by that activity have been knowingly Used to prepare or commit the offence. This prohibition shall not, however, apply to the exercise of an elective office or trade union responsibilities." ;
(b) The last paragraph is replaced by three sub-paragraphs:
" The penalties for legal persons are:
" -the fine, as provided for in Article 131-38 of the Penal Code;
" -the additional penalties provided for in the 2 °, 4 °, 8 ° and 9 ° of Article 131-39 of the same Code. For the purposes of applying the 8 °, the confiscation shall relate to the trade fund or to the building intended for the accommodation of persons and used to commit the offence." ;
2 ° Article L. 129-1 is supplemented by a paragraph worded as follows:
" In the event of an emergency or a serious and imminent threat, the Mayor shall, in accordance with Article L. 129-3, order the provisional measures necessary to remove this danger." ;
3 ° Article L. 129-2 reads as follows:
" Art. L. 129-2. -The order of the Mayor referred to in Article L. 129-1 shall be taken at the end of an adversarial procedure, the terms of which shall be laid down by decree in the Council of
. Where the prescribed measures have not been carried out within the prescribed period, the Mayor shall cause the owner or trade union of the co-owners to do so within a time limit which shall be fixed and which shall not be less than one
. If the work is not completed within the prescribed period, the Mayor shall, by reasoned decision, proceed ex officio.
" If the failure of certain co-owners to carry out the prescribed work relating to the common parts of a condominium is the result of the failure of certain co-owners, the municipality may replace them for amounts owing on the date voted by the Assembly General co-owners. It is then subrogated to the rights and actions of the trade union in competition with the sums paid by it. ' ;
4 ° Article L. 129-3 is thus amended:
(a) In the first paragraph, the words: " To the judge of the instance " Are replaced by the words: " To the administrative court " ;
(b) The last paragraph reads as follows:
" If the measures carried out have failed to put an end to the serious risks to the safety of the occupants or to restore their housing conditions, the Mayor shall continue the procedure under the conditions laid down in Article L. 129-2." ;
5 ° Article L. 129-4 is amended as follows:
(a) At the beginning of the article, a paragraph is inserted as follows:
" Where the municipality replaces the defaulting owners and makes use of the implementing powers granted to it, it shall act in place of the owners, on their behalf and at their own expense." ;
b) Added a sentence so written:
" Claims which have not been recovered by the municipality shall be placed at the expense of the State or, by subrogation of the latter in its rights and obligations, of a public person substituting it. ' ;
6 ° In the third paragraph of Article L. 511-2 of Article L. 511-2 as follows from Order No. 2005-1566 of 15 December 2005, after the words: 'the words' shall be inserted: ' For amounts owing on the date voted by the general meeting of the joint owners " ;
7 ° Article L. 521-2 is thus amended:
(a) In the first paragraph of the I, the words: " In principal " Deleted;
(b) At the beginning of the first sentence of the second paragraph of the I, the words: " The same is true when the premises " Are replaced by the words: " The rent in principal or any other sum paid in return for the occupation shall cease to be due for the premises which " ;
(c) The last paragraph of III is supplemented by the words: " Of this fact " ;
8 ° In the IV of Article L. 521-3-2, the words: , within an amount " Are deleted.
IV. -Law n ° 70-612 of 10 July 1970 to facilitate the removal of unsafe habitat is thus amended:
1 ° Article 13 is thus amended:
(a) At the beginning of the first subparagraph, the words: Of a territorial community, of a public institution with a vocation " Are replaced by the words: " A construction company in which the State holds the majority of the capital, of a territorial community, of a body with a vocation " ;
(b) After the second subparagraph, a paragraph shall be inserted as follows:
" -buildings for total or partial use of a dwelling, having been the subject of a risk order made pursuant to Article L. 511-2 of the Construction and Housing Code and accompanied by an order for demolition or permanent prohibition To reside; "
(c) The last paragraph reads as follows:
" -exceptionally, buildings which are themselves neither unhealthy nor unfit for habitation, when their expropriation is essential for the demolition of unsanitary buildings or buildings threatening ruin, as well as land where they are Buildings declared unsanitary or threatening to ruin when their acquisition is necessary for the removal of unsafe habitat, even though they would also be implanted in buildings that are not unhealthy or threatening to ruin." ;
2 ° Article 14 is thus amended:
a) The second subparagraph is supplemented by the following words: " , or who have been the subject of a risk order with a demolition order or a definitive prohibition of living in accordance with Article L. 511-2 of the Construction and Housing Code ;
(b) In the third paragraph, the words: " , the public institution or the mixed economy society " Are replaced by the words: " Or organization " ;
3 ° The third paragraph of Article 18 reads as follows:
" The second subparagraph shall not apply to the calculation of the compensation due to the owners when they themselves occupied the buildings declared unfit or subject to a risk order at least two years before the notification of the order and to the Owners for buildings that are neither unhealthy nor unfit for habitation, nor subject to a risk order. "
V. The Government is authorized, under the conditions laid down in Article 38 of the Constitution, to take the necessary measures by order to improve the conditions under which the public community guarantees and recovers, In particular by the benefit of a security interest, the amount of the debt which it holds against the owner of a building for total or partial use of a dwelling or of the person operating a trade fund used for the same purposes, When:
-it has ex officio performed work on this property, in application, as the case may be, of Articles L. 1311-4, L. 1331-24, L. 1331-26-1, L. 1331-28, L. 1331-29 and L. 1334-2 of the Code de la santé publique or L. 123-3, L. 129-2, L. 129-3, L. 511-2 and L. 511-3 The construction and housing code;
-the owner of the building, or the person operating a trade fund used for the purpose of housing, provided the accommodation or rehousing of the occupants. Respective application of Articles L. 521-1 to L. 521-3-2 of the Construction Code and The dwelling or section L. 1334-4 of the Public Health Code.
The order shall be made no later than six months after the publication of this Act.
The bill to ratify this order shall be filed before the Parliament no later than three months after its publication.
Chapter V of Title IV of the Book I of the Commercial Code is Thus modified:
1 ° The third paragraph of Article L. 145-4 reads as follows:
" The lessor has the same option if it intends to invoke the provisions of Articles L. 145-18, L. 145-21, L. 145-23-1 and L. 145-24 in order to construct, reconstruct or upgrade the existing building, to reassign the residential space to this Use or carry out work prescribed or authorized in the course of a real estate restoration operation and in the case of demolition of the building as part of an urban renewal project." ;
2 ° After Article L. 145-23, an Article L. 145-23-1 reads as follows:
" Art. L. 145-23-1. -The lessor may, at the expiration of a three-year period, in the forms provided for in Article L. 145-9 and at least six months in advance, resume the premises rented incidentally to the commercial premises if they are not affected by that Residential use. The recovery may be exercised only if, after a period of six months following the leave granted for that purpose, the premises are not used for residential
. However, the recovery under the conditions indicated in the first subparagraph shall not be carried out on premises used for hotel or rental in furnished rooms, or on premises for hospital or teaching purposes.
" Similarly, the recovery cannot be carried on when the tenant establishes that the deprivation of enjoyment of the residential premises brings a serious disturbance to the operation of the land or where the commercial premises and the residential premises form a whole Indivisible.
" In the case of a partial recovery provided for in this Article, the rent of the lease shall be reduced in order to take account of the retrated surfaces without that recovery itself constituting a significant change in the elements of the rental value Referred to in Article L. 145-33. "
The 1 ° of the I of Article 31 of the General Tax Code is supplemented by a n so written:
" (n) A deduction of 30 per cent of the gross income of the units that gave rise, in respect of the year preceding that of the conclusion of the lease, to the payment of the tax under section 232. This deduction applies to income received up to December 31 of the second year following that of the conclusion of that lease, entered into between January 1, 2006 and December 31, 2007. The application of this n shall be exclusive to that of the provisions laid down in f to l. "
I. -After Article 1407 of the General Tax Code, an Article 1407 bis reads as follows:
" Article 1407 bis. -The communes other than those referred to in Article 232 may, by means of a deliberation under the conditions laid down in Article 1639 A bis, subject to the housing tax, for the common share and that of the public institutions of Inter-communal cooperation without proper taxation, vacant housing for more than five years on January 1 of the taxation year. The vacancy shall be assessed within the meaning of V and VI of Article 232
The reliefs, exemptions and rebates provided for in Articles 1411 and 1413 bis to 1414 A shall not apply.
" In the event of incorrect taxation relating to the assessment of the vacancy, the resulting reductions shall be borne by the municipality. They attribute themselves to the powers referred to in Article L. 2332-2 of the General Code of Local and Regional Authorities. "
II. -The first paragraph of Article 1408 of the Code is supplemented by the following sentence:
" However, for the taxation referred to in Article 1407 bis, the tax shall be established in the name of the owner, the usufructuary, the lessee of the building or the rehabilitation or the emphyteutic who has the premises since the beginning of the period of Vacancy. "
I. -1. On an experimental basis and for a period of five years, the communes and public institutions of inter-communal cooperation referred to in 6 may, under the conditions set out in 2 to 6, submit any new rental of a dwelling subject to Article 6 of Act No. 89-462 of 6 July 1989 to improve rental reports and amending Act No. 86-1290 of 23 December 1986 and situated in a building over thirty years old to the obligation to declare the Location.
2. The municipal council or the deliberative body of the public cooperation institution The sectors or, within those sectors, the categories and lists of buildings for which this obligation is established. The discharge shall specify the date of entry into force of the device which cannot be fixed within six months from the date of release and the place of filing of the declaration.
3. The declaration must be made by the lessor for any rental of an incoming dwelling in the field defined in application of 1 and 2.
4. The filing of the return is the subject of a receipt.
5. The receipt of the declaration shall be annexed to the contract of the lease or, if it intervenes subsequently to the signature, to the knowledge of the lessee.
The absence of a declaration of lease shall not affect the lease of the
The benefit of the third party payment of personal assistance to the dwelling is subject to the production of the receipt of the declaration of the lease.
6. The communes of more than 50 000 inhabitants and the public institutions of inter-communal cooperation with a taxation of more than 50 000 inhabitants and comprising at least one municipality of more than 15 000 inhabitants, competent in the field of May apply to the Minister responsible for housing within one year of the publication of this Act.
7. A decree establishes the list of municipalities and public institutions of intercommunal cooperation retained.
8. Within six months of the completion of the experiment, the Government shall submit to Parliament an evaluation report together with the observations of the municipalities and public institutions of inter-communal cooperation
. -In the second paragraph of Article 25 of Act No. 86-1290 of 23 December 1986 to promote rental investment, the ownership of social housing and the development of the land supply, the words: Minimum standards of comfort and habitability fixed by decree after the opinion of the National Conciliation Commission " Are replaced by the words: " Characteristics defined in accordance with the first and second subparagraphs of Article 6 of Law No. 89-462 of 6 July 1989 referred to
. -Law No. 89-462 of 6 July 1989 is thus amended:
1 ° At the end of the fourth paragraph (a) of Article 6, the words: Minimum standards of comfort and habitability defined by the decree provided for in Article 25 of Act No. 86-1290 of 23 December 1986 to promote rental investment, the ownership of social housing and the development of Land supply " Are replaced by the words: " Characteristics defined in accordance with the first and second subparagraphs' ;
2 ° At the end of the third paragraph of Article 17, the words: " The standards laid down in the decree adopted pursuant to Article 25 of Act No. 86-1290 of 23 December 1986. Are replaced by the words: " In accordance with the characteristics defined in accordance with the first and second subparagraphs of Article 6 " ;
3 ° The third paragraph (2 °) of Article 25-1 reads as follows:
" At the end of Article 6, the words'in application of the first and second subparagraphs shall be replaced by the words' by the territorial regulation '.
Under the conditions laid down in Article 38 of the Constitution, the Government is authorized to take all measures by order to replace public housing offices with moderate rent and to the public development and construction offices in a new category of public housing establishments. Moderate rent called " Public housing offices " And attached to a territorial community or community group.
To this end, the Government is authorized to:
1 ° Amend Chapter I of Title II of Book IV of the Construction and Housing Code to define the tasks of these local public establishments of an industrial and commercial nature, the composition of their governing bodies and the Nature of their resources;
2 ° Define the accounting and financial system and controls to which the public offices of the habitat are subject by way of derogation from the provisions of the general code of territorial authorities applicable to others Public institutions;
3 ° Make special arrangements Allowing territorial officials in public offices at moderate rent and in public planning and construction offices to be placed on the day of the publication of the order in one of the positions Enumerated in Article 55 of Act No. 84-53 of 26 January 1984 laying down statutory provisions relating to the territorial civil service to opt for the private law scheme to which employees employed by the institution or for the Maintenance of the scheme to which they are subject in their employment framework and, where appropriate, To be placed in a position of secondment within their establishment on employment under private law;
4 ° Define the conditions under which the provisions of Titles III and IV of Book II and Titles I, II and III of the Book IV of the Labour Code is applicable to territorial officials and non-owners of the public housing authorities, by way of derogation from the provisions of Law No. 83-634 of 13 July 1983 on the rights and obligations of the Officials and Law No. 84-53 of 26 January 1984, supra;
5 ° Determine the conditions and Details of the conversion into public offices of the public offices of moderate rent housing and of the public development and construction offices so that this transformation is carried out no later than three years after the Publication of the order;
6 ° Repeal the provisions of the Construction and Housing Code and the Code of Financial Jurisdictions which are out of date or rendered without object as a result of the establishment of the Public Habitat Offices;
7 ° Make arrangements for officers of the former public housing office to Moderate inter-departmental rent in the Paris region and mentioned in Article 120 of Act No. 84-53 of 26 January 1984, cited above, in functions on the day of the publication of the order in the public offices of moderate rent housing and In the public planning and construction offices, to be integrated into the employment frameworks of the territorial public service.
This order shall be made within nine months of the publication of this Law. A bill of ratification shall be tabled in Parliament within four months of the publication of the order.
I. -Article 210 E of the General Tax Code is thus amended:
1 ° In the first paragraph of II, the words: , under conditions prescribed by decree, " Are deleted;
2 ° The last sentence of the III is deleted;
3 ° Added a IV and V so written:
" IV. -The net capital gains made by the bodies and companies mentioned in 4 ° of 1 of Article 207 on the occasion of transfers of immovable property which do not fall within the scope of operations mentioned in the same 4 ° are subject to tax on Corporations at the rate referred to in IV of section 219 if the disposing corporation undertakes to invest within three years from the transfer of an amount equal to the added value of that tax in the construction, acquisition, rehabilitation or The renovation of rental units mentioned in the ninth paragraph of Article L. 411-2 of the Code Construction and housing.
" Non-compliance with this undertaking by the disposing company shall result in the application of the fine provided for in Article 1764.
" V.-A decree lays down the conditions for the application of this Article. I and III apply to assignments made up to December 31, 2007, and IV to assignments made until December 31, 2010. "
II. -Section 1764 of the Code is thus amended:
1 ° The words: " Beneficiary of an assignment subject to Article 210 E " Are replaced by the word: " Assignee ", and words:" This item " Are replaced by the words: " Article 210 E " ;
2 ° This paragraph is added as follows:
" The disposing company is liable to pay a fine equal to 25 % of the value of the transfer of the built buildings when it did not comply with the undertaking referred to in Article 210 E. "
III. -The code of construction and housing is thus amended:
1 ° In the first and second sentences of the third paragraph of Article L. 452-1, after the words: " "Moderate rent housing organizations" shall be inserted as follows: And mixed economy companies " ;
2 ° In L. 452-2-1, after the words: " "Moderate rent housing organizations" shall be inserted as follows: And the Federation of Mixed Economy Societies " ;
3 ° In the fourth paragraph (c) of Article L. 452-3, after the reference: L. 452-4 ", is inserted the reference:" , L. 452-4-1 " ;
4 ° Section L. 452-4-1 is amended as follows:
(a) At the beginning of the first paragraph, after the words: " Housing agencies with moderate rent " shall be inserted as follows: And joint economy companies, in respect of rental housing and housing units referred to in the third subparagraph of Article L. 452-4, " ;
(b) At the end of the second sentence of the second subparagraph (a) and the fourth sentence of the third subparagraph (b), after the words: Federations of housing organizations with moderate rent ", are inserted the words:" And advice from the federation grouping mixed economy companies ".
IV. -1. The provisions referred to in 1 and 2 ° of the III shall take effect on 1 January 2007.
2. The provisions mentioned in 4 ° of III shall take effect on 1 January 2008. However, in the case of mixed economy companies which have opted for the tax system provided for in the 4 ° of 1 of Article 207 of the General Tax Code from the financial years ended on 1 January 2005, these provisions shall take effect on 1 January 2007.
Under the conditions laid down in Article 38 of the Constitution, the Government is permitted to Order any measure to:
1 ° Transform anonymous real estate companies into companies whose main purpose is to carry out operations of general interest in the field of social accession to the property;
2. That the rules governing the organisation, administration and management of public real estate credit companies are compatible with their new subject matter, in accordance with the rights of shareholders;
3 ° Determine the conditions, including time limits and Procedure, in which anonymous real estate credit companies Bring them into line with their new object;
4 ° Ensure that the shareholders of the public real estate credit companies who wish to transfer their securities on the occasion of the modification of the object of these companies benefit, in compliance Of the right of ownership, of the effective opportunity to do so;
5 ° Organise the conditions under which the own funds of new companies which are not necessary for the performance of their object receive an assignment in accordance with The general interest.
The order must be made within two months Following the publication of this Act. A bill of ratification shall be tabled in Parliament within two months of its publication.
The fourth paragraph (3 °) of Article L. 651-2 of the Social Security Code reads as
: 3 ° Joint construction or development companies for the activities they carry out in the context of the services of general interest referred to in the ninth, tenth and eleventh paragraphs of Article L. 411-2 of the Code of the Construction and housing; ".
After Article L. 353-20 of the code of construction and housing, it is Inserted a Article L. 353-21 as follows:
" Art. L. 353-21. -Notwithstanding anything to the contrary, mixed-economy companies may lease in furnished accommodation for students they manage directly.
" It may be required in addition to the amount of the individual benefits, taxes and supplies and any taxes levied on the occasion of the furnished rentals. "
In Section 2 of Chapter III of Title IV of Book IV of the Construction and Housing Code, are Inserted:
1 ° A division called: " Subsection 1. -Provisions applicable to elements of immovable property other than housing-households ", comprising Articles L. 443-7 to L. 443-15 -5;
2 ° A sub-section 2 thus written:
" Subsection 2
"Home Arrangements
" Art. L. 443-15 -6. -Moderate-rent housing agencies may sell homes-households owned by other moderate-rent housing agencies, to mixed economy companies, to territorial communities or to their groups, to Communal or intercommunal social action centres or non-profit organizations.
" The provisions of this Article shall apply to homes-homes owned by local authorities or to mixed economy companies and subject to an agreement concluded pursuant to Article L. 351-2 as well as Overseas departments, housing-households owned by local authorities or mixed economy companies built, acquired or improved with state subsidies or state-assisted
. A decree of the Council of State determines the conditions for the application of this Article. "
Title II of Book IV of the Construction and Housing Code is thus amended:
1 ° Article L. 421-1 is thus amended:
(a) After the tenth paragraph, a paragraph shall be inserted as follows:
" -to build or acquire, develop, maintain, manage or give in management to natural or legal persons in the social-vocation residences provided for in Article L. 631-11; "
(b) After the eleventh paragraph, a paragraph shall be inserted Thus written:
" -to sell works of buildings to the bodies referred to in Article L. 411-2 and to the joint economy companies or to acquire them from them, by contract of sale of building to be constructed under Articles L. 261-1 et seq. ' ;
(c) After the fifteenth paragraph, a paragraph shall be inserted as follows:
" -to be a co-ownership trustee or a director of immovable property, built or acquired either by them or by another organization of moderate rent, a territorial community, a mixed economy or a non-profit organization Profit, the association referred to in Article 116 of the 2002 Finance Act or one of the real estate civil companies whose shares are held at least 99 % by that association; "
(d) After the eighteenth paragraph, shall be inserted Two sub-paragraphs written:
" -conduct operations for the design, construction, maintenance or maintenance of hospital or medico-social equipment for the purposes of a public health institution;
" -to carry out work, acquire, construct and manage residential buildings for the benefit of the officials of the police and the national gendarmerie, the departmental fire and rescue services or the prison services, And the premises ancillary to such buildings and the premises necessary for the operation of the gendarmeries." ;
(e) After the twentieth paragraph, insert a paragraph as follows:
" They may also carry out for sale, under the conditions laid down in Article L. 261-3, on behalf of public or private persons, principal-use buildings of which they may temporarily hold the usufruct according to the Articles L. 253-1 to L. 253-5." ;
f) The penultimate paragraph is deleted;
g) An additional paragraph is added:
" They may also ensure the stewardship of real estate civil societies governed by Articles L. 443-6-2 et seq." ;
2 ° Article L. 422-2 is thus amended:
(a) After the eleventh paragraph, three sub-paragraphs are inserted as follows:
" -to be a condominium trustee and a director of real estate, built or acquired either by them or by another moderate rent housing organization, a territorial community, a mixed economy corporation, or an organization without any Profit, the association referred to in Article 116 of the 2002 Finance Act or one of the real estate civil companies whose shares are held at least 99 % by that association;
" -to sell works of buildings to the bodies referred to in Article L. 411-2 and to the joint economy companies or to acquire them from them, by contract of sale of building to be constructed under Articles L. 261-1 et seq.;
" -to construct or acquire, develop, maintain, manage or give in management to natural or legal persons in the social vocation residences provided for in Article L. 631-11." ;
(b) After the fifteenth paragraph, are inserted two paragraphs so drafted;
" -conduct operations for the design, construction, maintenance or maintenance of hospital or medico-social equipment for the purposes of a public health institution;
" -to carry out work, acquire, construct and manage residential buildings for the benefit of the officials of the police and the national gendarmerie, the departmental fire and rescue services or the prison services, thus That the premises ancillary to such buildings and the premises necessary for the operation of the gendarmeries." ;
(c) After the seventeenth paragraph, a paragraph shall be inserted as follows:
" They may also carry out for sale, under the conditions laid down in Article L. 261-3, on behalf of public or private persons, principal-use buildings of which they may temporarily hold the usufruct in accordance with Article L. 261-3. The arrangements laid down in Articles L. 253-1 to L. 253-5. ' ;
d) The penultimate paragraph is deleted;
e) A new paragraph is added as follows:
" They may also ensure the stewardship of real estate civil societies governed by Articles L. 443-6-2 et seq." ;
3 ° Article L. 422-3 is thus amended:
a) After 6 °, it is inserted a 6 ° bis as follows:
" 6 ° bis To construct or acquire, develop, maintain, manage or give in management to natural or legal persons in the social vocation residences provided for in Article L. 631-11; "
(b) At the end of the first sentence of 7 °, the words : " When they have been approved for that purpose " Are deleted;
c) After 8 °, are inserted a 9 ° and a 10 ° thus written:
" 9 ° To carry out work, acquire, construct and manage residential buildings for the benefit of the officials of the police and the national gendarmerie, the departmental fire and rescue services or the prison services, As well as the premises ancillary to these buildings and the premises necessary for the operation of the gendarmeries;
" 10 ° To sell building works to the bodies referred to in Article L. 411-2 and to the mixed economy companies or to acquire them from them, by contract of sale of building to be constructed under Articles L. 261-1 et seq." ;
(d) The fifteenth and sixteenth paragraphs shall be deleted;
(e) Before the eighteenth paragraph, a paragraph shall be inserted as
: They may also be a condominium trustee and a director of immovable property built, constructed or acquired either by them or by another moderate rent housing agency, a territorial community, a mixed economy or A non-profit organisation, the association referred to in Article 116 of the abovementioned financial law 2002 or one of the civil real estate companies whose shares are held at least 99 % by that association. ' ;
(f) Before the last paragraph, three sub-paragraphs are inserted:
" They may also carry out for sale, under the conditions laid down in Article L. 261-3, on behalf of public or private persons, principal-use buildings of which they may temporarily hold the usufruct in accordance with Article L. 261-3. The procedures laid down in Articles L. 253-1 to L. 253-5.
" They can also ensure the stewardship of real estate civil societies governed by articles L. 443-6-2 et seq.
" Co-operatives engaged in the production of moderate rent housing shall conduct periodic reviews of their financial situation and management. A decree of the Council of State, taken after the opinion of the Conseil supérieur des dwellings à rent Moderate, determines the procedures for the implementation of the procedure, known as the cooperative review, as defined in this paragraph, and the conditions of approval Ensuring pluralism of its exercise and respect for cooperative principles. "
After Article L. 445-7 of the Construction and Housing Code, an Article L. 445-8 shall be inserted. Written:
" Art. L. 445-8. -The provisions of this Chapter shall apply to the social economy unions referred to in Article L. 365-1, for dwellings covered by a Convention in respect of 2 °, 3 ° or 4 ° of Article L. 351-2 and for which they hold A real right. "
The code for building and housing is thus modified:
1 ° At the beginning of Article L. 313-31, the words: " The prohibitions contained in articles L. 423-10 and L. 423-11 " Are replaced by the words: " The provisions of the first paragraph of article L. 423-11 ;
2 ° Article L. 423-10 reads as follows:
" Art. L. 423-10. -Any agreement, concluded directly or by person interposed between one of the bodies referred to in Article L. 411-2 and one of its officers, one of its employees, one of its directors, one of the members of the supervisory board or a person A corporation in which one of its officers, one of its employees, one of its directors or members of the supervisory board, is a director, a member of the supervisory board or a director is subject to authorization Prior to the board of directors or supervisory board of the organization." ;
3 ° Article L. 423-11 reads as follows:
" Art. L. 423-11. -Low-rent housing companies subject to prior authorisation by their board of directors or supervisory board the conventions referred to in Articles L. 225-38 to L. 225-42 or Articles L. 225-86 to L. 225-90 of the Code Trade, under the conditions set out in these Articles.
" Any agreement intervening directly or by person between a public body of moderate rent and its Director General, one of its directors or one of its directors must be subject to the prior authorisation of the Board of Directors. Conventions to which one of the persons referred to in this paragraph is indirectly interested shall also be subject to prior authorisation.
" The agreements between a public body of low-rent housing and a business are also subject to prior authorisation if the Director General, one of the directors or one of the directors of the organisation is Owner, partner indefinitely responsible, manager, director, member of the supervisory board or, in general, the leader of that business." ;
4 ° After Article L. 423-11, are inserted three articles L. 423-11-1, L. 423-11-2 and L. 423-11-3 thus written:
" Art. L. 423-11-1. -Articles L. 423-10 and L. 423-11 shall not apply to conventions relating to routine and concluded operations under normal
. Such agreements shall be communicated by the person concerned to the chairman of the board of directors, with the exception of those which, because of their purpose or financial implications, are not significant to any of the parties. The list and subject matter of these conventions shall be communicated by the Chairman to the members of the board of
. Art. L. 423-11-2. -The person concerned is required to inform the Council as soon as he becomes aware of a convention referred to in Article L. 423-11. It cannot take part in the vote on the requested authorisation.
" Art. L. 423-11-3. -Without prejudice to the person's liability, the conventions referred to in Article L. 423-11 and concluded without prior authorisation by the Administrative Council may be annulled if they have had harmful consequences for The organization.
" The action for a declaration of invalidity shall be barred by three years from the date of the Convention. However, if the agreement has been concealed, the starting point of the limitation period is deferred to the day on which it was revealed. "
At the end of the eleventh paragraph of Article L. 411-2 of the Construction and Housing Code, the words:" More than half of the co-ownership lots " Are replaced by the words: " Housing ".
I. -The first paragraph of Article L. 353-15 of the Construction and Housing Code reads as
: The right to maintain in the premises shall not be against the lessor who has obtained from the State representative in the département the authorization to demolish referred to in Article L. 443-15 -1. "
II. -The first paragraph of Article L. 442-6 of the Code reads as follows:
" The right to maintain in the premises shall not be against the lessor who has obtained from the State representative in the département the authorization to demolish referred to in Article L. 443-15 -1. "
III. -The first paragraph of Article L. 443-15 -1 of the Code reads as follows: '
' Without prejudice to the rules of the urban planning code applicable to the permit to demolish, a dwelling-use building belonging to a moderate housing agency cannot be demolished without the prior consent of the State representative in the Department, settlement commune and loan guarantors.
I. -In the third paragraph of Article 3 of Law No. 90-449 of 31 May 1990 on the implementation of the right to housing, the words: Section of the regional social housing conference provided for in Article L. 441-1-6 " Are replaced by the words: " Committee of the Regional Habitat Committee under Article L. 364-1 ".
II. -Article 4 of Law No. 90-449 of 31 May 1990 is thus amended:
1 ° The first sentence of the first subparagraph is thus amended:
a) After the word: Evaluation ", insert the word:" Territorialized " ;
b) Added the words: " Which takes into account the scope of public institutions for inter-communal cooperation in the field of habitat " ;
2 ° The second and fourth sentences of the third paragraph are deleted;
3 ° The fourth paragraph is replaced by ten sub-paragraphs thus written:
" It sets out, by geographic area, taking into account local habitat and habitat programs, the objectives to be met in order to ensure the sustainable provision of housing for the persons and families affected by the plan. Social mix of cities and neighbourhoods. To this end, it defines the appropriate measures for:
" (a) Monitoring of housing requests for persons and families covered by the plan;
" (b) Creation or mobilization of an additional supply of conventional housing;
" (c) Principles to improve coordination of priority housing allocations;
" (d) Prevention of locative evictions, as well as related social support
. To this end, the committee responsible for the plan may set up a specialised committee for the coordination of measures for the prevention of locative evictions with the task of issuing opinions to decision-making bodies on personal assistance Housing, the allocation of financial aid in the form of loans or grants and social assistance related to housing, in favour of persons who are unpaid. When this committee is set up, the powers of the committee provided for in Article L. 351-14 of the Construction and Housing Code shall be exercised by the paying agencies of the Personalised Housing Assistance. The operating procedures and composition of the committee shall be fixed by decree;
" (e) Housing for persons in temporary accommodation or transitional housing;
" (f) The contribution of solidarity funds for housing to the objectives of the plan;
" (g) The identification of indignant housing and premises unsuitable for housing, and the corresponding resorption actions, as well as housing considered to be non-decent as a result of the supervision of the paying agencies of the personal assistance to the Housing.
" For the purposes of treatment of indignant housing, the committee responsible for the plan shall set up a nominative observatory for the dwellings and premises referred to in g. The nature of the information collected and the methods of operation of this observatory shall be fixed by decree in the Council of State, taken after the opinion of the National Commission on Informatics and Freedoms." ;
4 ° The fifth paragraph reads as follows:
" It shall take into account the housing needs of persons and families accommodated in institutions or services covered by the social and medico-social organisation scheme provided for in Article L. 312-4 of the Code of Social Action and Families, and In particular those mentioned in Article L. 312-1 of Article L. 312-1 of the same Code." ;
5 ° In the first sentence of the sixth paragraph, after the words: " After the opinion of the Regional Habitat Committee " shall be inserted: And, in the overseas departments, departmental habitat councils provided for in Article L. 364-1 of the Construction and Housing Code " ;
6 ° This paragraph is added as follows:
" The committee responsible for the plan shall have all the information relating to the requests recorded in the departmental registration system provided for in Article L. 441-2-1 of the Construction and Housing Code. It shall deliver an opinion on the agreements provided for in Articles L. 441-1-1 and L. 441-1-2 of the same Code. "
After Article L. 411-4 of the Construction and Housing Code, an Article L. 411-5 is inserted. Written:
" Art. L. 411-5. -Rental accommodation owned by the majority-holding real estate companies of the Caisse des deposits et consignations and subject to a convention defined in Article L. 351-2 shall remain subject, after the expiration of the Convention and For a period of six years, to the rules of rent maxima in force for the conclusion of the conventions referred to in Article L. 351-2 where the housing does not receive a grant from the State. During this period, the units shall remain regarded as social rental units within the meaning of Article L. 302-5. These provisions shall apply only to dwellings occupied at the time of expiry of the agreement mentioned above. In the event of the departure of the tenants after the expiry of the said agreement, the rents of the units concerned shall be fixed in accordance with the provisions of Article 17 of Act No. 89-462 of 6 July 1989 to improve rental reports and Amending Act No. 86-1290 of 23 December 1986. At the end of this period, the rents of these dwellings evolve in accordance with the provisions of the c and d of Article 17 of Law No. 89-462 of 6 July 1989. "
After Article L. 411-4 of the Construction and Housing Code, an Article L. 411-5-1 shall be inserted. Written:
" Art. L. 411-5-1. -Donors of dwellings agreed pursuant to Article L. 351-2, mentioned in the fourth and fifth paragraphs of Article 41 ter of Act No. 86-1290 of 23 December 1986 to promote rental investment, accession to the Ownership of social housing and the development of the land supply, with more than ten housing units, inform the tenant about the temporary nature of the convention that binds them to the state, its due date and the financial consequences For the tenant after the validity of the agreement.
" Where a lessor referred to in the first subparagraph has decided not to renew the agreement binding it to the State, it shall inform the lessees concerned of its intention not later than two years before its expiry. This notification is accompanied by a rent increase forecast.
" Within the same period, it shall inform the mayors of the municipalities concerned, as well as the representative of the State in the department, of its intention not to renew the said Convention
If this lack of renewal has the consequence of passing the municipality below the threshold laid down in Article L. 302-5 or if the municipality is already below that threshold, the advisory opinion of the State representative in the département is Required.
" An order determines the conditions under which this section applies. "
Law n ° 2003-710 of 1 August 2003 of orientation and programming for the city and urban renewal is Modified:
1 ° In the first sentence of the last paragraph of Article 6, the year: " 2011 " Is replaced by the year: " 2013 " ;
2 ° In Article 7, the year: " 2011 " Is replaced by the year: " 2013 ", and amount:" EUR 4 billion ' Is replaced by the amount: " EUR 5 billion '.
After the 4 ° of Article L. 302-5 of the code of construction and housing, it shall be inserted A paragraph that reads:
" For a period of five years after the expiry of the Convention referred to in Article L. 351-2, the dwellings of which the Convention has expired shall be counted. "
Section 2 of Chapter II of the Preliminary Title of Book III of the Construction and Housing Code is Modified:
1 ° Article L. 302-5 is thus amended:
(a) At the end of the last sentence of the first subparagraph, the word: " Approved " Is replaced by the word: " Adopted " ;
(b) At the end of the first sentence of the seventh subparagraph (4 °), the reference: 185 of the Family Code and Social Assistance " Is replaced by the reference: " L. 345-1 of the Code of Social Action and Families " ;
2 ° Article L. 302-7 is thus amended:
(a) The second, third and fourth paragraphs shall be replaced by a paragraph worded as follows:
" This levy is set at 20 % of the tax potential per capita as defined in Article L. 2334-4 of the general code of territorial authorities multiplied by the difference between 20 % of the main residences and the number of existing social housing units In the municipality the previous year, as referred to in Article L. 302-5, without being able to exceed 5 % of the amount of the common operating expenditure of the municipality found in the administrative account relating to the penultimate year. ' ;
(b) The sixth paragraph is thus amended:
-the words: " And Capital Gains " Are replaced by the words: " , unvalues " ;
-are added the words: " And the creation of permanent places for the reception of Travellers, established pursuant to Act No. 2000-614 of 5 July 2000 on the reception and housing of Travellers " ;
(c) The sixth paragraph is supplemented by a sentence so worded:
" In the case of an emphyteutic lease, a lease for construction or a lease to rehabilitate land or buildings to a contractor for the realization of social rental housing, the amount that may be taken into account shall be equal to The difference between the capitalized amounts of the rent charged for the land or the rental property and those of the rent estimated by the service of the estates." ;
(d) After the first sentence of the seventh paragraph, the following sentence shall be inserted:
" In accordance with conditions laid down by decree in the Council of State, these expenses shall be deductible in the following years in proportion to the number of social housing units which they allow to be carried out in the light of the three-year obligations laid down in Article L. 302-8." ;
e) The last paragraph is supplemented by a sentence so worded:
" In the overseas departments, it shall be paid to the regional land and urban development funds provided for in Article L. 340-2 of the Town Planning Code." ;
3 ° Article L. 302-8 is thus amended:
(a) In the first sentence of the fourth paragraph, after the word: " ", is inserted the word:" Annual " ;
b) In the last sentence of the same paragraph, the words: " Before 31 December 2001 " Are deleted, and the word: " Approved " Is replaced by the word: " Adopted " ;
(c) The same paragraph is supplemented by a sentence so worded:
" The three-year periods referred to in this subparagraph shall begin on 1 January 2002." ;
(d) After the first sentence of the last paragraph, the following sentence shall be inserted:
" In these communes or in public institutions of inter-communal cooperation with a local habitat programme, the number of social housing units set up for each three-year period cannot be less than 30 % of all Housing started during the past three-year period." ;
e) An additional paragraph is added:
" In the event that a local habitat programme does not cover complete three-year periods, the balance sheet that the municipality has to establish pursuant to Article L. 302-9 specifies the objectives of its implementation year by year, in the The framework of the local habitat programme adopted and independently for the period not covered by this programme." ;
4 ° Article L. 302-9 is thus amended:
a) The last sentence is supplemented by the words: " And is made public by the State representative in the department " ;
(b) An additional paragraph is added:
" Every three years, the Government shall forward to Parliament a report on the compliance by the municipalities referred to in Article L. 302-5 of their obligations with regard to the implementation of social rental housing. ' ;
5 ° Article L. 302-9-1 is amended as follows:
(a) In the first sentence of the second subparagraph, after the words: " At the end of the three-year period expired ', shall be inserted: ' , from compliance with the obligation, referred to in the penultimate subparagraph of Article L. 302-8, to initiate, for each three-year period, at least 30 % of the social housing units reported to the total number of dwellings started ' ;
(b) At the end of the last sentence of the second paragraph, the words: " Of the antepenultimate " Are replaced by the words: " The penultimate " ;
6 ° After Article L. 302-9-1, it is inserted an article L. 302-9-1-1 thus written:
" Art. L. 302-9-1-1. -I.-For municipalities which have not complied with their entire three-year objective, the State representative in the department brings together a committee responsible for examining compliance with the obligations to implement social housing. This commission, chaired by the representative of the State in the département, is composed of the mayor of the municipality concerned, the president of the public establishment of intercommunal cooperation in the field of habitat if the municipality is a member of a Such establishment, representatives of the social donors present in the territory of the municipality and representatives of the authorised associations whose objects are the integration or housing of the disadvantaged, working in the Department.
" This committee is responsible for examining the difficulties encountered by the municipality having prevented it from fulfilling all its objectives, analysing the possibilities and projects for the realisation of social housing on the territory of the municipality and Define solutions to achieve these goals.
" If the Commission is able to determine the possibilities for the implementation of social housing corresponding to the three-year objective on the territory of the municipality, it may recommend the preparation for the next three-year period of a A timetable for the achievement of social housing which, without prejudice to the obligations set for the next three-year period, will make up for the accumulated delay during the three-year period. If the municipality has been the subject of a Deficiency Order, the commission may double the increment due to the order.
" If the Committee concludes that the municipality cannot, for objective reasons, respect its triennial obligation, it shall, with the agreement of the mayor concerned, refer a national commission to the minister responsible for the Housing.
" II. -The National Commission, chaired by a member of the Council of State, is composed of two members of the National Assembly and two members of the Senate, a member of the Court of Auditors, a member of the General Council of bridges and roads, Representatives of national associations representing local elected representatives, the National Union of associations of low-rent housing organisations and the High Committee for the housing of disadvantaged persons, as well as representatives of the Associations working in the housing field of disadvantaged persons designated by the National Habitat Council.
" This committee shall hear the mayor of the municipality concerned and the representative of the State of the department in which the municipality is
. If the Commission concludes that the municipality cannot, for objective reasons, respect its triennial obligation, it may recommend to the housing minister a management of the obligations laid down in Article L. 302-8.
" If the Commission is able to identify opportunities for the realisation of social housing corresponding to the three-year objective, it recommends the preparation for the next three-year period of a timetable for the achievement of housing To enable, without prejudice to the obligations laid down for the next three-year period, to make up for the delay accumulated during the three-year period and the implementation of Article L. 302-9-1
The Commission's opinions are motivated and made public.
" A decree of the Council of State shall determine the conditions for the application of this Article and shall determine the composition of the committees provided for in the I and present II. "
After Article L. 3221-12 of the General Code of Territorial Communities, an Article L. 3221-12-1 is inserted. Thus written:
" Art. L. 3221-12-1. -The President of the General Council may, by delegation of the General Council, be responsible for taking any decision relating to the Solidarity Fund for housing, in particular as regards aid, loans, debt forgiveness and the abandonment of claims. It shall report to the nearest useful meeting of the General Council on the exercise of that competence. "
At the end of the second paragraph of Article L. 3121-22 of the General Code of Territorial Communities, the word and the Reference: " And L. 3221-12 " Are replaced by references: " , L. 3221-12 and L. 3221-12-1 ".
Chapter II of the preliminary title of Book III of the Construction and The dwelling is thus amended:
1 ° Its title reads as follows: Local Habitat Policy " ;
2 ° The heading of section 1 reads as follows: Local Habitat Program " ;
3 ° After section 2, a section 3 is added as follows:
"Section 3
" Departmental Habitat Plan
" Art. L. 302-10. -A departmental habitat plan is developed in each department to ensure coherence between habitat policies in the territories covered by a local habitat programme and those carried out in the rest of the Department.
" This plan sets out guidelines in line with those resulting from territorial coherence schemes and local habitat programmes. The plan shall also take into account the needs defined by the departmental plan of actions for the housing of disadvantaged persons and those resulting from the exits of the accommodation establishments or services included in the departmental scheme Social and medico-social organization defined in Article L. 312-4 of the Code of Social Action and
. This plan includes a diagnosis of the functioning of housing markets and defines the conditions for establishing a habitat observation device in the department.
" Art. L. 302-11. -The departmental housing plan shall be drawn up jointly, for a period of at least six years, by the State, the département and the public institutions for inter-communal cooperation having adopted a local habitat programme or having deliberated for Initiate the procedure for developing such a program.
" Art. L. 302-12. -Consultations for the preparation of the departmental housing plan shall be carried out by a departmental section of the Regional Habitat Committee referred to in Article L. 364-1. This section is jointly chaired by the representative of the State in the department and by the President of the General Council. "
Article L. 302-1 of the Construction and Housing Code is supplemented by a paragraph worded as follows:
" Where the perimeters of the public inter-communal cooperation institutions responsible for the local habitat programme differ from those of the habitat basins or countries, a joint trade union referred to in Article L. 5711-1 of the General Code of the Territorial communities may carry out framing studies on the habitat used as the basis for the development of the local habitat programme by the public institution (s) of inter-communal cooperation concerned. "
I. -Section 1 of Chapter I of Title IV of Book IV of the Code of Construction and Housing is thus amended:
1 ° In the third paragraph of Article L. 441, the words: , in particular in the framework of conferences and inter-communal charters " Deleted;
2 ° Article L. 441-1 is thus amended:
(a) In the second sentence of the first subparagraph, after the word: " In particular " shall be inserted as follows: Heritage, " ;
(b) The fourth and last sentence of the first paragraph shall be deleted;
(c) After the first paragraph, shall be inserted six paragraphs thus written:
" This decree establishes general priority criteria for the allocation of housing, in particular for the benefit of:
" (a) Persons with disabilities or families caring for persons with disabilities;
" (b) Persons who are poorly housed, disadvantaged or face special housing difficulties for financial reasons or for their living conditions;
" (c) Persons accommodated or temporarily accommodated in a transitional facility or housing;
" (d) Inadequate persons returning to work after a period of long-term
. This decree lays down the conditions under which the mayor of the municipality of settlement of the accommodation is consulted on the principles governing these powers and on the result of their application." ;
(d) At the beginning of the first sentence of the second paragraph, the words: " The decree referred to in the preceding paragraph fixes " Are replaced by the words: " This Order determines " ;
3 ° Article L. 441-1-1 is thus written:
" Art. L. 441-1-1. -The public establishment of inter-communal cooperation in the field of habitat and with a local programme of adopted habitat may propose to bodies having a social rental property within the territorial jurisdiction of this Establishment of a three-year collective agreement.
" This agreement, which must respect the social mix of cities and neighbourhoods and take into account, by geographical area, the reception capacities and conditions of occupation of the buildings constituting the heritage of the various bodies, defines :
" -for each body, an annual quantified commitment to the allocation of housing to persons with economic and social difficulties, in particular to the persons and families referred to in the second subparagraph of Article 4 of Law No 90-449 of the 31 May 1990 aiming at the implementation of the right to housing identified in the departmental plan of action for the housing of disadvantaged persons;
-the accompanying means and provisions necessary for the implementation and follow-up of this annual commitment.
" This agreement is submitted to the committee responsible for the departmental action plan for the housing of disadvantaged persons. If that opinion has not been delivered within two months of the transmission of the agreement, it shall be deemed to be favourable.
" The joint municipal agreement provides for the creation of a coordination commission chaired by the President of the public institution for inter-communal cooperation. This committee is composed of the representative of the State in the département, the mayors of the municipalities who are members of the public establishment of inter-communal cooperation, representatives of the social donors present in the territorial jurisdiction of the The public institution of inter-communal cooperation, representatives of the department, representatives of any body holding reservation rights and representatives of authorised associations, one of whose objects is the insertion or the lodging Disadvantaged people who work in the department. The task of this committee is to examine the files of the applicants for social housing concerned by the joint municipal agreement. Without replacing the decisions of the allocation committees provided for in Article L. 441-2, the Coordination Committee shall deliver opinions as to the appropriateness of allocating housing in the social park situated within the territorial jurisdiction of The public institution. The committee shall adopt a rules of
. After approval by the representative of the State in the département, the collective agreement shall replace, in the territory in which it applies, the collective agreement provided for in Article L. 441-1-2.
" Where, at the end of a period of six months following the proposal submitted by the President of the public institution for inter-communal cooperation, a landlord body refuses to sign the joint municipal agreement, the President of the institution Public inter-communal cooperation shall designate the body of priority persons and shall fix the time limit within which the priority persons shall be required to house them. The powers shall be based on the reservation rights of the public institution of inter-communal cooperation and, where appropriate, on the reservation rights enjoyed by the State or the communes members of the public establishment of cooperation Inter-communal, with the agreement of the representative of the State in the department or the mayor concerned respectively. These powers shall be given taking account of the state of occupation of the social rental property of this body in the light of the necessary diversity of the social composition of each neighbourhood and of each municipality. The provisions of this paragraph shall apply until the signing of the Intercommunal Agreement by the Lessor.
" In the event of a failure by a lending body to fulfil its commitments under the inter-municipal collective agreement, the President of the public institution for inter-communal cooperation may carry out a number of housing allocations Equivalent to the number of housing units remaining to be given priority to the disadvantaged persons mentioned in the agreement, after consultation with the mayors of the municipalities concerned. These powers shall be subject to the conditions referred to in the preceding
. If the lessor acts as an obstacle to the powers conferred by the President of the public institution of inter-communal cooperation, the latter shall refer the matter to the State representative in the département which implements the provisions of Article L. 441-1-3." ;
4 ° Article L. 441-1-2 reads as follows:
" Art. L. 441-1-2. -In each département, the representative of the State shall conclude every three years a collective agreement with the bodies having a social rental property in the département. This agreement, which must respect the social mix of cities and neighbourhoods and take into account, by geographical area, the reception capacities and conditions of occupation of the buildings constituting the heritage of the various bodies, defines :
" -for each body, an annual quantified commitment to the allocation of housing to persons with economic and social difficulties, in particular to the persons and families referred to in the second subparagraph of Article 4 of Law No 90-449 of the 31 May 1990, the needs of which have been identified in the departmental plan of action for the housing of disadvantaged persons;
-the accompanying means and provisions necessary for the implementation and follow-up of this annual commitment.
" This agreement is submitted to the committee responsible for the departmental action plan for the housing of disadvantaged persons. If that opinion has not been delivered within two months of the transmission of the agreement, it shall be deemed to be favourable. ' ;
5 ° Article L. 441-1-4 is thus written:
" Art. L. 441-1-4. -After the opinion of the committee responsible for the departmental action plan for the housing of disadvantaged persons, public institutions of inter-communal cooperation having concluded an agreement referred to in Article L. 441-1-1 and representatives of the Social donors in the department, an order of the State representative in the department determines, in the light of the local circumstances, the time limits on which persons who have applied for social rental accommodation can enter The mediation commission provided for in Article L. 441-2-3." ;
6 ° Articles L. 441-1-5 and L. 441-1-6 are repealed;
7 ° In the third paragraph of Article L. 441-2, the words: And second " Are replaced by the words: " To seventh " ;
8 ° Article L. 441-2-1 is amended as follows:
a) The first paragraph is supplemented by a sentence so worded:
" The applicant shall also be informed of the time limits referred to in Article L. 441-1-4 from which he may refer the matter to the mediation committee referred to in Article L. 441-2-3, as well as the terms of that reference. ' ;
(b) At the end of the second paragraph, the words: " The fourth paragraph of Article L. 441-1-2 " Are replaced by the words: " In Article L. 441-1-4 " ;
9 ° Article L. 441-2-3 reads as follows:
" Art. L. 441-2-3. -In each département is created, with the State representative in the department, a mediation committee chaired by a qualified person appointed by the representative of the State in the department, composed of representatives of the General Council, representatives of public institutions for inter-communal cooperation referred to in Article L. 441-1-1, representatives of donor organisations, representatives of tenants' associations and representatives of associations Approved of which one of the objects is the insertion or housing of persons Disadvantaged, working in the department.
" This Commission receives any complaint relating to the lack of a response to a request for housing that meets the prescribed conditions for access to a social rental housing within the period laid down in Article L. 441-1-4. It shall, after making a request to the donor (s) in charge of the application, receive all the information on the quality of the applicant and on the grounds for the absence of a proposal
The Commission also receives any complaint relating to the lack of a response to a request for housing that meets the statutory conditions for access to social rental housing when it comes from a person threatened with eviction without rehousing, Encased temporarily, or housed in a slum or unsanitary dwelling, without the time limit referred to in Article L. 441-1-4
Where the representative of the State in the department or, where applicable, the delegate of the latter's reservation rights under Article L. 441-1 is seized of the case of an applicant whose application is considered a priority by the May, after the opinion of the mayor of the municipality concerned and taking into account the objectives of social mix as defined in the joint municipal or departmental collective agreement, designate the applicant to an organisation Lessor with housing corresponding to the application, by setting the time limit in which The latter is required to house it. These powers shall be based on the reservation rights granted to the State representative in the department or delegate of those rights.
" In the event of refusal by the organisation to house the applicant, the representative of the State in the département shall allocate a dwelling corresponding to the applicant's needs on his reservation
. Where such rights have been delegated under the conditions laid down in Article L. 441-1, the representative of the State shall request the delegate to proceed with the designation and, where appropriate, the allocation of the accommodation within a time limit which it determines. In the case of a refusal by the delegate, the representative of the State in the department is substituted for the latter.
" If the lessor is an obstacle to these powers, the provisions of Article L. 441-1-3.
shall be applied." The Mediation Committee shall draw up, each year, a statement of the opinions delivered and transmit it to the State representative in the département, to the committee responsible for the departmental plan of action for the housing of disadvantaged persons and to the institutions Public inter-communal cooperation in the field of habitat. It shall be informed, in all cases, of the action which is reserved for its applications. ' ;
10 ° Article L. 441-2-5 reads as follows:
" Art. L. 441-2-5. -Under conditions specified in the decree provided for in Article L. 441-2-6, social lessors report once a year on the allocation of social rental housing to the State representative in the département and, for the parts of the park Social housing units located within their competence, to the chairmen of public institutions of inter-communal cooperation referred to in Article L. 441-1-1 and to the mayors of the municipalities concerned. "
II. -In the second paragraph of Article L. 3444-6 of the General Code of Local and Regional Authorities, the words: Within the meaning of Article L. 441-1-4 of the code of construction and housing " Are deleted.
III. -Articles 62 and 63 of Law No. 98-657 of 29 July 1998 on the fight against exclusion are repealed.
I. -Section 2 of Chapter I of Title IV of Book IV of the code of construction and housing is thus amended:
1 ° Article L. 441-3 is thus amended:
(a) In the first sentence of the first subparagraph, the words: May require " Are replaced by the word: " Perceive " ;
(b) The second sentence of the same subparagraph and the fourth paragraph shall be deleted;
2 ° After Article L. 441-3, an Article L. 441-3-1 shall be inserted as follows:
" Art. L. 441-3-1. -Following the assent of the State representative in the département, the local habitat programme, when the low-rent housing organisations and the mixed-economy companies managing social housing have been involved in its elaboration, May determine the geographical areas or areas in which the solidarity rent supplement does not apply and lay down guidelines for its implementation. ' ;
3 ° The last paragraph of Article L. 441-4 is supplemented by a sentence so worded:
" The local habitat programme may raise this ceiling to 35 per cent of the resources of all persons living in the home." ;
4 ° Articles L. 441-5, L. 441-6 and L. 441-7 are repealed;
5 ° Article L. 441-8 reads as follows:
" Art. L. 441-8. -Subject to the provisions of Article L. 441-3-1, the solidarity rent supplement applied by the housing organisation at moderate rent shall be calculated by reference to:
" -values of the coefficient of exceedance of the resource ceiling, as determined by decree in Council of State;
" -the amount per square metre of the reference rent surcharge fixed by decree in the Council of State according to the geographical areas taking account of the rental market. ' ;
6 ° In the second sentence of the second paragraph of Article L. 441-9, the words: The maximum coefficient adopted by the body or, failing that, equal " Are deleted;
7 ° Article L. 441-12 reads as follows:
" Art. L. 441-12. -The Comprehensive Heritage Convention concluded pursuant to Article L. 445-1 may derogate from the provisions of this Section, where appropriate in accordance with the local habitat programme where it provides for provisions relating to the Solidarity rent supplement." ;
8 ° The first paragraph of Article L. 441-14 reads as follows:
" The provisions of this section shall not apply to housing financed by conventional loans of banks and financial institutions belonging to lessors other than organizations of low-rent housing and, in Overseas departments, to medium rent buildings. "
II. -The last paragraph of Article L. 442-5 of the Code reads as follows:
" This Article shall also apply to dwellings covered by a Convention as defined in Article L. 351-2, held by mixed economy companies, as well as those included in a heritage under the same Article Comprising at least five dwellings and belonging to the other lessors referred to in the fourth and fifth paragraphs of Article 41 ter of Law No. 86-1290 of 23 December 1986 to encourage rental investment, accession to the property of Social housing and the development of the land supply. "
III. -Articles 3, 4, 11 and 13 of Law No. 96-162 of 4 March 1996 on the supplement to the solidarity rent are repealed.
The first paragraph of Article L. 641-1 of the Construction and Housing Code reads as follows:
" On the proposal of the municipal housing department and after the opinion of the mayor, the representative of the State in the department may, by requisition, for a maximum period of one year, be required to take possession of all or part of the Vacant, unoccupied or insufficiently occupied residential premises, with a view to assigning them to the persons referred to in Article L. 641-2.
I. -Article 257 of the General Tax Code is thus amended:
1 ° The c of 1 of 7 ° is supplemented by a paragraph worded as follows:
" Temporary or emergency accommodation benefiting from state aid for persons referred to in Article L. 301-1 of the Construction and Housing Code. ' ;
2 ° After 7 °, it is inserted a 7 ° c so written:
" 7 ° c Subject to the application of the 7 °, and to the extent that this work is financed by state aid, the self-supply of improvement, processing, development or maintenance work, other than the maintenance of the Green spaces and cleaning work, relating to temporary or emergency accommodation for persons referred to in Article L. 301-1 of the Construction and Housing Code. These provisions shall not apply to work benefiting from the reduced rate of value added tax provided for in Article 279-0 bis; "
II. -The I of Article 278 sexies of the same code is thus amended:
1 ° After 3 ter, it shall be inserted a 3c thus written:
" 3c Sales and contributions of housing to temporary or emergency accommodation facilities supported by the State for persons referred to in Article L. 301-1 of the Construction and Housing Code; " ;
2 ° In the 4, after reference: " 7 ° bis' shall be inserted the words and the reference: ' And at 7 ° c ".
III. -In the 6 of Article 266 and in the second paragraph of d of 1 of Article 269 of the same Code, after the reference: 7 ° bis' shall be inserted the words and the reference: ' And at 7 ° c ".
IV. -In the first sentence of II of Article 284 of the Code, after the reference: 3 ter ", is inserted the reference:" , 3c ".
V.-Section 1384 D of the Code is thus amended:
1 ° In the first paragraph, the words: Or managed " Are replaced by the words: " , constructed or constructed ", and the words:" Emergency accommodation for disadvantaged persons referred to in Article 1 of Act No. 90-449 of 31 May 1990 as amended for the implementation of the right to housing Are replaced by the words: " Temporary or emergency accommodation for persons referred to in Article L. 301-1 of the Construction and Housing Code " ;
2 ° The first paragraph is supplemented by a sentence so worded:
" The duration of the exemption shall be extended to 25 years when the decision to grant State aid is made between 1 July 2005 and 31 December 2009. ' ;
3 ° In the second paragraph, after the word: " Acquisition "shall be inserted the words:" ".
VI. -The general code of the local authorities is thus amended:
1 ° In the second paragraph of Article L. 2335-3, the word and reference: And 1384 C " Are replaced by references: " , 1384 C and 1384 D " ;
2 ° In L. 3334-17, the word and reference: " And 1384 C " Are replaced by references: " , 1384 C and 1384 D " ;
3 ° In L. 4332-11, the word and reference: " And 1384 C " Are replaced by references: " , 1384 C and 1384 D " ;
4 ° In the second paragraph of Article L. 5214-23-2, the word and reference: And 1384 C " Are replaced by references: " , 1384 C and 1384 D " ;
5 ° In the second paragraph of Article L. 5215 -35, the word and reference: " And 1384 C " Are replaced by references: " , 1384 C and 1384 D " ;
6 ° In L. 5216-8-1, the word and reference: " And 1384 C " Are replaced by references: " , 1384 C and 1384 D ".
VII. -The first paragraph of Article L. 851-1 of the Social Security Code is supplemented by two sentences worded as
: This aid may be granted, for temporary accommodation of disadvantaged persons, to construction companies in which the State holds the majority of the capital, as well as to public interest groups whose purpose is to contribute to the Rehousing of the families and persons referred to in the second subparagraph of Article 4 of Act No. 90-449 of 31 May 1990 for the implementation of the right to housing. The aid may also be paid to the public institution referred to in Article L. 3414-1 of the Defence Code for the accommodation of young persons referred to in Article L. 3414-1 for the duration of their training. "
VIII. -Chapter I of Title III of Book VI of the code of construction and housing is supplemented by an Article L. 631-11 worded as
: Art. L. 631-11. -The hotel residence is a commercial lodging establishment approved by the representative of the State in the department in which it is established and not subject to the operating authorisation referred to in Article L. 752-1 of the Trade code. It consists of a homogenous set of self-contained, furnished and furnished accommodation, available for rent for an occupation on a day, week or month basis to a customer who can potentially occupy it as a principal residence.
" The operator of a hotel residence with a social vocation shall be approved by the representative of the State in the department in which the residence is located. This operator undertakes to reserve at least 30 % of the housing of the residence to persons mentioned in II of Article L. 301-1 of this Code, these persons being designated either by the representative of the State in the department or by Territorial communities, associations, organizations and legal persons whose list is established by the latter.
" A decree of the Council of State shall lay down the conditions for the application of this Article, in particular the technical standards to be complied with by the hotel residences with a social vocation, the arrangements for the respective approval of the residences and the Their operators and, depending on the financing conditions of the residence, the maximum overnight rate applicable to the accommodation that the operator undertakes to reserve for the persons mentioned in Article L. 301-1 of Article L. 301-1, and the percentage of Residential accommodation reserved for these persons. "
I.-At the end of section L. 633-1 of the Construction and Housing Code, the words:" Collective spaces " Are replaced by the words: " Common spaces for collective life ".
II. -Article L. 633-4 of the same code is thus amended:
1 ° The second paragraph reads as follows:
" It shall be composed of representatives of the manager and, if it is separate from the manager, the owner and, in the least equal number, representatives of the persons housed." ;
2 ° The third paragraph is deleted;
3 ° In the fifth paragraph, the words: " Collective spaces " Are replaced by the words: " Common spaces " ;
4 ° At the end of the sixth paragraph, the words: " The publication of Law No. 2000-1208 of 13 December 2000 " Are replaced by the words: " The publication of Law No. 2006-872 of 13 July 2006 on the national commitment to housing ;
5 ° The last paragraph is deleted.
III. -After Article L. 633-4 of the same Code, Article L. 633-4-1 is inserted as follows: '
' Art. L. 633-4-1. -An order in Council of State lays down the conditions for the application of Articles L. 633-1 to L. 633-4, the period of notice in the event of termination of the contract and the conditions under which a person lodged, under the conditions laid down in the first paragraph of Article L. 633-2, may host third parties, as well as the minimum number of residents from which a consensus council is established and the minimum number of residents from which residents' representatives are elected. "
IV. Article L. 633-5 of the Code reads as follows: '
' Art. L. 633-5. -The provisions of this Chapter shall not apply:
" -furnished accommodation referred to in Chapter II of this Title;
" -to residences with services under the status of co-ownership governed by Act No. 65-557 of 10 July 1965 fixing the status of co-ownership of built buildings;
" -to residences with services whose homes are owned by a residential lease.
" The provisions of Articles L. 633-4 and L. 633-4-1 shall not apply to social and medico-social institutions within the meaning of Article L. 312-1 of the Code of Social Action and Families. "
Article L. 115-3 of the Code of Social Action and Families is supplemented by two sub-paragraphs thus written:
" From 1 November each year to 15 March of the following year, suppliers of electricity, heat, gas and water distributors shall not, in a principal residence, interrupt, for non-payment of the invoices, the Provision of electricity, heat or gas or the distribution of water to persons or families referred to in the first subparagraph and benefiting or having benefited, in the last twelve months, from a favourable decision to grant aid Solidarity for housing. A decree defines the procedures for the application of this paragraph
Where a consumer has not made payment of his invoice, the supplier of electricity, heat, gas or water distributor shall notify the consumer by mail of the time limit and the conditions, defined by decree, in which the supply may be reduced Or suspended in default of settlement. "
I. -The first paragraph of Article 279 of the General Tax Code is thus amended:
1 ° After the words: 36 kilovolt-ampere ", inserted the words:" , heat energy " ;
2 ° Added words: " , as well as the provision of heat when produced at least 60 % from biomass, geothermal, waste and energy recovery ".
II. -The provisions of the I apply to subscriptions and supplies mentioned on invoices issued as of the date of publication of this Act or included in advances and installments collected on that date.
After the second subparagraph of Article 5 of Law No. 80-531 of 15 July 1980 on energy savings and The use of heat, it is inserted a paragraph so written:
" The classification shall be delivered by the prefect after public inquiry within nine months of the request of the territorial community or of the grouping of local and regional authorities. After this period, the silence of the prefecture is accepted. "
In the second sentence of the second subparagraph of Article L. 331-2 of the Consumer Code, after the words:" The amount of housing expenditure, ' shall be inserted the words: ' Electricity, gas, heating, water, "
I. -Order No. 2005-655 of 8 June 2005 on housing and construction is
. -In the II of section 29 of the same order, after the words: Are attached ", are inserted the words:" , from this entry into force, ".
III. -The Social Security Code is thus amended:
1 ° At the end of the first subparagraph of III of Article L. 553-4, the words: , as the case may be, to the lessee or borrower " Are replaced by the words: " To the tenant " ;
2 ° Article L. 834-1 reads as follows:
" Art. L. 834-1. -The financing of the housing allowance under this Title and the related management expenditure shall be provided by the national housing assistance fund referred to in Article L. 351-6 of the code of construction and
. To compete for this funding, employers are subject to:
" 1 ° A contribution based on salaries capped and recovered according to the rules applicable to social security;
" 2 ° A contribution calculated by applying a rate of 0.40 % on all salaries and recovered according to the rules applicable to social security.
" Employers occupying less than twenty employees, the State, the territorial authorities, their public administrative establishments and employers under the agricultural system under the social security laws shall not be subject to the Contribution mentioned at 2 °. The fifth paragraph of Article L. 620-10 of the Labour Code shall apply to the calculation of the work force referred to in this Article." ;
3 ° Article L. 835-2 is thus amended:
(a) In the third paragraph (1 °), the words: " Management " Are replaced by the words: " Management " ;
(b) At the end of the last paragraph, the words " , depending on the case, the lessee or the borrower " Are replaced by the words: " Of the tenant ".
IV. -The code of construction and housing is thus modified:
1 ° Chapter II of Title I of the book Ier is supplemented by a section 10 thus written:
" Section 10
"Natural Hazards Prevention
" Art. L. 112-18. -In areas particularly prone to seismic or cyclonic risk, special seismic or paracyclonic construction rules may be imposed on equipment, buildings and facilities in cases and according to the Procedure referred to in Article L. 563-1 of the Environment
. Art. L. 112-19. -A decree of the Council of State lays down the conditions under which, after the completion of the works of buildings subject to authorisation to construct, the owner must provide to the authority which issued this permit a document drawn up by a Technical controller referred to in Article L. 111-23, certifying that the contractor has taken account of his opinions on compliance with the rules on earthquake and parasismic construction provided for in this section. This same decree defines the buildings, parts of buildings and categories of work subject to this obligation." ;
2 ° In Article L. 152-1 and in the first sentence of the first paragraph of Article L. 152-4, after the reference: L. 112-17, ", insert references:" L. 112-18, 112-19, " ;
3 ° The first paragraph of Article L. 111-26 is supplemented by the following words: Or the operation of which is essential for civil security, defence or the maintenance of public order " ;
4 ° The title of Section 3 of Chapter I of Title I of the book Ier reads as follows: People with disabilities or reduced mobility " ;
5 ° The second paragraph of Article L. 125-2-3 reads as follows:
" Technical control is entrusted to a qualified or competent person in this field. The activities of this person must be covered by insurance against the consequences of his professional responsibility for the control of the lifts. It shall not have any link which would prejudice its impartiality and independence, nor with the owner who appeals to it, nor with any undertaking which may carry out work on an elevator or its maintenance. When it is a legal person, its capital must not be held, even on a partial basis, by such a company. ' ;
6 ° In the first paragraph of Article L. 133-5, after the words: " Municipal councils ", insert the word:" Interested " ;
7 ° In Article L. 134-6, the word: Natural " Is deleted;
8 ° Chapter IV of Title III of the book Ier is supplemented by a section 3 thus written:
"Section 3
" Security of internal installations Electricity
" Art. L. 134-7. -In the event of the sale of all or part of a residential complex, a state of the internal electricity facility, when that facility has been carried out for more than fifteen years, is produced for the purpose of assessing the risks that may be Breach of the security of persons, under the conditions and in the manner provided for in Articles L. 271-4 to L. 271-6. A decree of the Council of State shall define the procedures for the application of this Article." ;
9 ° In the single chapter of Title VII of Book II, a section 1 entitled: General Provisions " Comprising Articles L. 271-1 to L. 271-3 and a section 2 entitled: Technical Diagnostic Folder " Comprising Articles L. 271-4 to L. 271-6;
10 ° In Article L. 271-3, the words: Of this Chapter " Are replaced by the words: " Of this section " ;
11 ° Article L. 271-4 is thus amended:
(a) The I is thus amended:
In the sixth paragraph (4 °), the word: " Natural " Is deleted;
After the eighth paragraph (6 °), it is inserted a 7 ° so written:
" 7 ° The state of the internal electricity installation provided for in Article L. 134-7. ' ;
In the ninth paragraph, references: " 1 ° and 4 ° " Are replaced by references: " 1 °, 4 ° and 7 ° " ;
After the ninth paragraph, the following paragraph is inserted:
" The document referred to in 6 ° shall not be required in the event of the sale of a building to be constructed referred to in Article L. 261-1." ;
In the tenth preambular paragraph, references: " 3 ° and 4 ° " Are replaced by references: " 3 °, 4 ° and 7 ° " ;
(b) In the first paragraph of II, references: " 3 ° and 4 ° " Are replaced by references: " 3 °, 4 ° and 7 ° " ;
12 ° In the first paragraph of Article L. 271-5, the words and reference: " And at 6 ° " Are replaced by references: " , 6 ° and 7 ° " ;
13 ° In the first paragraph of Article L. 271-6, the words and the reference: And at 6 ° " Are replaced by references: " , 6 ° and 7 ° du I " ;
14 ° The first paragraph of Article L. 321-2 is amended as follows:
a) In the first sentence, after the word: " Agents, "shall be inserted the words:" As well as signatories to a convention provided for in Articles L. 321-4 or L. 321-8, " ;
(b) The third sentence reads:
" It may also impose pecuniary penalties, the amount of which may not exceed one half of the aid granted or an amount equivalent to two years' rent, shall be fixed by order in accordance with the gravity of the alleged facts and the situation Financial institution of the person or organization concerned." ;
15 ° Article L. 321-4 is thus amended:
(a) The second paragraph (a) reads as follows:
" (a) Where appropriate, the improvement work of the lessor; "
(b) The fifth paragraph (d) shall be supplemented by the following words:" If the owner receives support for improvement work, and six years in the opposite case " ;
16 ° The first sentence of Article L. 321-8 reads as follows:
" For the housing mentioned in 2 ° of Article L. 351-2 or for the units mentioned in the 4 ° of the same article which receive assistance from the National Habitat Agency, the agreement concluded with the Agency pursuant to Article L. 321-4 shall keep Convention provided for in Article L. 353-2." ;
17 ° Article L. 321-10 is repealed;
18 ° Article L. 321-11 reads as follows:
" Art. L. 321-11. -In the event of a transfer of a property subject to a convention referred to in Article L. 321-4 or Article L. 321-8, the current agreement shall be binding on the new owner. The commitments of the current agreement are necessarily mentioned in the act of transfer. An amendment specifying the identity of the new owner is signed between the owner and the National Habitat Agency. Failing that, the National Habitat Agency may apply to the seller owner the penalties provided for in Article L. 321-2." ;
19 ° Article L. 631-7 is amended as follows:
(a) The last sentence of the third paragraph reads as follows:
" The premises constructed or subject to works which have the consequence of changing the destination after 1 January 1970 shall be deemed to have the use for which the construction or work is authorised." ;
(b) In the fourth paragraph, the words: " The reference date " Are replaced by the words: " January 1, 1970 " ;
c) The last paragraph is deleted;
20 ° Article L. 651-2 is amended as follows:
(a) At the end of the first subparagraph, the words: " Civil € 22 500 " Are replaced by the words: " EUR 25 000 ' ;
(b) The third paragraph reads as follows:
" The President of the Court shall order the return to the dwelling of the premises processed without authorisation within a time limit fixed by the President. At the end of the term it shall deliver a penalty payment of up to EUR 1 000 per day and per square metre of useful and irregularly processed premises. ' ;
21 ° Article L. 651-3 is thus amended:
(a) In the first paragraph, the amount: 6,000 EUR " Is replaced by the amount: " 80,000 " ;
b) The first sentence of the second paragraph is deleted.
V. In Article L. 1334-6 of the Public Health Code, the words: Of the building " Are replaced by the words: " Building ".
VI. -Articles 2, 3, 4, 8 and 9 of Act No. 99-471 of 8 June 1999 for the protection of purchasers and owners of buildings against termites and other xylophagous insects are
. -In the first sentence of the first paragraph of Article 1384 C of the General Tax Code, the words: "State" Are replaced by the words: " This agency ".
VIII. -Article L. 313-2 of the urban planning code is supplemented by a paragraph worded as follows: '
' The requirements imposed pursuant to this Article shall not impede the application of the rules on accessibility of a built building to persons with disabilities referred to in Article L. 111-7-2 of the Construction Code and Housing, except in order to prevent the deterioration of the heritage concerned. "
I. -After Article L. 111-6-2 of the Construction and Housing Code, a sub-section 2 bis reads as follows:
"Subsection 2 bis
" General Rules Building renovation
" Art. L. 111-6-2-1. -The professional seller of a built-up building or part of built building, for residential use or for professional and residential use, to be renovated, must provide for professional liability insurance.
" Art. L. 111-6-2-2. -The penalties provided for in Article L. 111-34 shall apply in the event of a breach of the provisions of Article L. 111-6-2-1
Art. L. 111-6-2-3. -Where all or part of a building is occupied by tenants or occupants in good faith and work performed is abusive and vexatious, the court seised may order the prohibition or interruption of the Jobs. It may order their prohibition or interruption, subject to periodic penalty, if applicable.
" Any person who executes or causes to be carried out the work referred to in the first subparagraph, despite a decision to prohibit or interrupt the work of the judge, shall be liable to imprisonment for two years and to a fine of EUR 4
. The judge may also order the rehabilitation of the premises at the expense of the convicted person. "
II. -Title VI of Book II of the same code is thus amended:
1 ° Its title reads as follows: Sales of buildings to be constructed or renovated " ;
2 ° The single chapter becomes an Ier chapter and is titled: " Sales of building to be constructed " ;
3 ° Articles L. 261-17 to L. 261-21 are repealed.
III. -1. In the 16 ° of the II of Article 9 of Act No. 70-9 of 2 January 1970 regulating the conditions for the exercise of activities relating to certain transactions relating to buildings and trade funds, the reference: L. 261-17 " Is replaced by the reference: " L. 263-1 ".
2. In the 12 ° of article L. 241-3 of the code of construction and housing, the references: L. 261-17 and L. 261-18 " Are replaced by references: " L. 263-1 and L. 263-2 ".
3. In Article L. 662-1 of the Code, after the word: To ", are inserted the reference and the word:" L. 261-16, and " ; after reference: " L. 261-22 ", insert references:" And L. 263-1 to L. 263-3 ", and reference" L. 261-19 " Is replaced by the reference: " L. 263-3 ".
IV. -In article L. 261-22 of the same code, the word: Title " Is replaced by the word: " Chapter ".
V.-Title VI of Book II of the same Code is supplemented by a Chapter II and a Chapter III thus written:
" Chapter II
" Sales of buildings to Renovate
" Art. L. 262-1. -Any person who sells a built-up building or part of a building, for residential use or for professional and residential use, or for use after work for one of those uses, who undertakes, within a time limit determined by the contract, to be carried out, Directly or indirectly, work on that immovable or that part of immovable property which collects sums of money from the purchaser before the delivery of the work must conclude with the acquirer a contract subject to the provisions of the present Chapter.
" The seller immediately transfers to the purchaser his rights on the ground as well as the ownership of the existing constructions. The future works become the property of the purchaser as they are carried out. The purchaser is required to pay the price as the work progresses.
" The provisions of this Chapter shall not apply to the expansion or complete restructuring of the building, akin to a reconstruction.
" The contract referred to in the first subparagraph shall be subject to the provisions relating to the sale of existing buildings, in particular those of Title VI of Book III of the Civil Code, subject to the application of Articles L. 262-2 to L. 262-11 of the present Code.
" Art. L. 262-2. -The seller of a building to be renovated is master of work until the work is received.
" The receipt of the work shall be carried out for all work at a single date which shall constitute the starting point for the guarantees referred to in the last paragraph
The seller is required, for the work referred to in the first paragraph of Article L. 262-1, by the guarantees provided for in Articles L. 111-13, L. 111-15 and L. 111-16, as long as the work falls within the scope of those
. Art. L. 262-3. -Delivery is the result of the establishment of a record between the seller and the
. Construction defects or apparent defects in conformity affecting the works referred to in the first paragraph of Article L. 262-1 shall be denounced in the act of delivery of the work or within one month after that delivery. The action to repair defects or defects of conformity thus denounced may be brought within one year after delivery.
" Art. L. 262-4. -Any contract referred to in the first paragraph of Article L. 262-1 shall, on pain of invalidity, be entered into by authentic
. This contract specifies:
" (a) The description, the characteristics of the building or part of immovable sold and, where applicable, the area of the private part of the lot or of the fraction of the lot pursuant to Article 46 of Act No. 65-557 of 10 July 1965 fixing The condominium status of built buildings;
" (b) The description of the work to be carried out specifying, where appropriate, the work on the joint and the private parties;
" (c) The price of the building;
" (d) The time to complete the work;
" (e) The justification for the financial guarantee of completion of the work provided by the seller;
" (f) The justifications for liability insurance and damages incurred by the seller in respect of the work where they fall under Articles L. 111-15 and L. 111-16 of this Code, pursuant to Articles L. 241-2 and L. 242-1 of the Code Insurance.
" The contract must also contain, in the Annex, or by reference to documents deposited with a notary, the relevant indications relating to the consistency and technical characteristics of the
. It must also indicate whether or not the price is reviewable and, if so, the terms of its review.
" The condominium regulations shall be communicated to each purchaser prior to the signing of the contract. In any case, it is given to each purchaser when signing the contract.
" In the event of failure to comply with the provisions of this Article, the nullity of the contract may be invoked only by the purchaser and before
. Art. L. 262-5. -In the event that the contract defined in Article L. 262-1 provides for the revision of the price, the price can be calculated only on the basis of the variation of a national building index of all the state bodies measuring the evolution of the cost of factors of production in The building and published by the Minister responsible for construction and
. The revision may be made on each payment or deposit only within a limit expressed as a percentage of the variation of this index.
" The above index and limit are defined by decree in the Council of State.
" The index used as the basis for the calculation of the revision is the last index published on the day of signature of the contract. The change taken into account results from the comparison of this index with the last index published before the date of each payment or deposit.
" Art. L. 262-6. -The transfer by the purchaser of the rights it holds from a sale of real property to renovate the assignee in the purchaser's bonds to the seller.
" If the sale has been accompanied by a warrant, it continues between the seller and the assignee.
" The provisions of this Article shall apply to any mutation between vivos, voluntary or forced, or cause of death.
" Art. L. 262-7. -The guarantee of completion of the work shall be constituted by a guarantee of solidarity given by a credit institution or by an insurance undertaking authorised for that
. Art. L. 262-8. -The purchaser makes the settlement of the price according to the state of progress of the work
The seller may not require or accept any payment, deposit, underwriting or acceptance of trade effects before the date on which the claim is due.
" Art. L. 262-9. -Any promise of sale of immovable property subject to the provisions of the first paragraph of Article L. 262-1 shall contain, on pain of invalidity, the essential indications relating to its characteristics, the description and the time limit for completion of the Work, at its price, and the commitment of the seller to produce, at the time of signature of the deed of sale, the justifications for the guarantee of completion of the work and of the insurance, respectively provided for in the e and f of Article L. 262-4.
" Art. L. 262-10. -The provisions of this Chapter shall be of public
. Art. L. 262-11. -Order in Council of State shall lay down the procedures for the application of this Chapter.
"Chapter III
" Common provisions
" Art. L. 263-1. -Any person who requires or accepts a payment in breach of the provisions of Articles L. 261-12, L. 261-15 and L. 262-8 shall be punished by imprisonment for two years and a fine of 9 000 EUR or one of those penalties only.
" The deposits of funds made to a bank account opened in the name of the applicant shall not be regarded as payments within the meaning of this Article, and the depositor may at any time have unrestricted access to such deposits.
" Art. L. 263-2. -Any person who, having received or accepted one or more payments, deposits, subscriptions of trade effects, on the occasion of a sale subject to the provisions of this Title, diverts all or part of those sums, shall be liable to the penalties provided for Articles 314-1 and 314-10 of the Penal
. Art. L. 263-3. -Not normally, in any way, directly or by person interposed, on their behalf or in the case of others, in the operations subject to the provisions of this Chapter the persons convicted in accordance with the articles L. 263-1 and L. 263-2, and those to which, pursuant to Article L. 241-7, it is prohibited to carry out the operations referred to in Articles L. 214-6 to L. 214-9. "
In overseas departments, anonymous low-rent housing corporations and public limited companies Cooperatives of low-rent housing referred to in Article L. 411-2 of the code of construction and housing whose head office is located in those departments may, as service providers, construct, sell or manage Residential accommodation on behalf of the listed corporations In the c of 2 of Article 199 undecies A of the general tax code, provided that the conditions laid down in 1 ° and 2 ° of 6 of the same article are fulfilled and that a licence is granted under the category of other social
. Housing referred to in the first subparagraph shall be occupied as principal residence by natural persons. A decree fixes the rent and resource limits for tenants, which are lower than those applicable to the category of loans mentioned in the same paragraph. These units may be constructed, sold or managed for the duration provided for in 1 ° of 6 of Article 199 undecies. This period may be extended to that of the loans referred to in the same paragraph if the balance of the operation justifies it.
An evaluation of the operative part of this Article shall be made within two years of the entry into force of the decree provided for in the Article.
I. -In the last sentence of the second paragraph of I of Article 1384 A of the General Tax Code, after the words: " And ", are inserted the words:" Grants or ".
II. -The provisions of the I shall apply to constructions for which the grant or loan decision provided for in Article R. 331-3 of the Construction and Housing Code has been taken from 1 January 2005.
In the fourth paragraph of Article 110 of Law No. 2005-1719 of December 30, 2005, the words: " 60 days " Are replaced by the words: " 120 days ".
Section 4 of Act No. 89-462 of 6 July 1989 to improve rental reports and amending Act No. 86-1290 of December 23, 1986, is supplemented by the following "k to s":
" (k) To charge the tenant with billing for the state of the premises when the latter is not established by a bailiff in the case provided for in Article 3;
" (l) Who provides for the renewal of the lease by tacit renewal for a period less than that provided for in Article 10;
" (m) prohibiting the tenant from seeking the liability of the lessor or exonerating the lessor from any liability;
" N) Who forbids the tenant to house people who do not usually live with him;
" (o) Who imposes on the tenant the payment, at the time of entry, of sums of money in addition to those provided for in Articles 5 and 22;
" (p) To support the tenant of the cost of recovery or shipping of the discharge and the costs of the proceedings in addition to the sums paid in respect of costs and Article 700 of the new code of civil procedure;
" (q) That the tenant is automatically responsible for the damage found in the dwelling;
" (r) prohibiting the tenant from requesting compensation from the lessor when the lessor performs work of more than 40 days;
" (s) That allows the lessor to obtain the full termination of the lease by means of a simple interim order of reference. "
Law No. 48-1360 of 1 September 1948 amending and codifying reporting legislation Lessors and tenants or occupiers of residential or professional premises and establishing housing allowances is thus amended:
1 ° Article 5 is thus amended:
(a) In the I, the words: Tenant or " Are deleted and, after the words: " The words' shall be inserted in the words' Or the partner linked to it by a civil pact of solidarity " ;
(b) After the I, a I bis is inserted as follows:
" I bis. -Notwithstanding the provisions of Article 1742 of the Civil Code, even in the absence of the grant of leave to the tenant, the rental contract shall be terminated in full by the death of the tenant. The lease contract shall also be terminated in the event of the abandonment of the residence by the tenant, even in the absence of the grant of leave
However, the benefit of the maintenance in the premises shall belong to the persons referred to in this Article." ;
2 ° Article 9a is repealed.
Law No. 89-462 of 6 July 1989 is thus amended:
1 ° After the Second paragraph of Article 20, it shall be inserted so worded as follows: '
' -disputes relating to the characteristics of the housing referred to in the first and second subparagraphs of Article 6; "
2 ° The last two sentences of Article 20-1 shall be replaced by two sentences and one paragraph to read:
" In the absence of agreement between the parties or in the absence of a reply from the owner within a period of two months, the departmental conciliation commission shall be seized under the conditions laid down in Article 20. Failing agreement noted by the Commission, the judge shall be seized by either
. The judge shall determine, where appropriate, the nature of the work to be carried out and the time limit for their execution. It may reduce the amount of rent or suspend, with or without recording, its payment and the term of the lease until such time as the work is carried out." ;
3 ° At the end of the first paragraph of article 24-1, the words: " The defence association of persons in situations of exclusion by the housing referred to in Article 31 of Act No. 98-657 of 29 July 1998 on the fight against exclusion, and approved for that purpose " Are replaced by the words and a sentence worded as follows: Association of which one of the objects is the insertion or housing of disadvantaged persons or a defence association of persons in situations of exclusion by housing referred to in Article 3 of Act No. 90-449 of 31 May 1990 Implementation of the right to housing, and approved by the State representative in the department. An association approved under the conditions provided for in this paragraph may attend or represent, in accordance with the procedure laid down in Article 828 of the new Code of Civil Procedure, a tenant in the event of a dispute concerning the respect of the characteristics Of the decency of its dwelling. "
The first paragraph of Article 22-1 of Law No. 89-462 of 6 July 1989 is supplemented by the following words:" Or that it does not reside on the metropolitan territory ".
I. -Article 23 of Law No. 89-462 of 6 July 1989 is thus amended:
1 ° The third paragraph (2 °) is supplemented by a sentence so worded:
" In particular, the expenses incurred by the lessor under a maintenance contract relating to the lifts and in accordance with the conditions of Article L. 125-2-2 of the code of construction and housing are recoverable in this respect. Minimum periodic operations and verifications and the repair and replacement of small parts showing signs of excessive wear and tear, as well as procedures for removing persons stranded in the cabin and troubleshooting and remitting Normal operation of equipment; "
2 ° At the beginning of the fourth paragraph (3 °), the words: " The annual representative contribution of the right of lease and " Are deleted;
3 ° The fifth paragraph is supplemented by a sentence so worded:
" It may be derogated from by local collective agreements concerning the improvement of security or the taking into account of sustainable development, concluded in accordance with Article 42 of Law No. 86-1290 of 23 December 1986." ;
4 ° This paragraph is added as follows:
" For the purposes of this section, the cost of services provided under an enterprise contract is the expenditure, all taxes included, paid by the lessor. "
II. -Article L. 442-3 of the code of construction and housing is thus amended:
1 ° The third paragraph is supplemented by a sentence so worded:
" In particular, the expenditure incurred by the lessor under a maintenance contract relating to lifts and complying with the requirements of Article L. 125-2-2, relating to operations and periodic verifications, is recoverable. Minimum and repair and replacement of small parts with excessive wear and tear, as well as procedures for removing persons stranded in the cabin and troubleshooting and normal operation of equipment; "
2 ° At the beginning of the penultimate subparagraph, the words: The annual representative contribution of the right of lease and " Are deleted;
3 ° The last paragraph is supplemented by a sentence so worded:
" It may be derogated from local collective agreements relating to the improvement of security or the taking into account of sustainable development, concluded in accordance with Article 42 of Act No. 86-1290 of 23 December 1986 Rental investment, home ownership of social housing and the development of land supply." ;
4 ° This paragraph is added as follows:
" For the purposes of this section, the cost of services provided under an enterprise contract is the expenditure, all taxes included, paid by the lessor.
The second paragraph of Article 4 of Law No. 2000-614 of the 5 July 2000 on the reception and habitat of Travellers is replaced by two sub-paragraphs:
" For large transit areas designed to meet the travel needs of large groups on the occasion of traditional or occasional gatherings, before and after such gatherings, provided for in the third paragraph of the Article 1, the representative of the State in the département may, after consulting the departmental advisory committee, apply a maximum subsidy rate of 100 % of the amount of expenditure incurred within the period laid down in Article 2, in The limit of a ceiling fixed by decree.
" The region, the département and the family allowance funds may grant additional grants for the implementation of the reception areas referred to in this Article. "
The first paragraph of Article 10-1 of Law No. 65-557 of 10 July 1965 fixing the status of co-ownership of the Built-up buildings is replaced by three sub-paragraphs:
" By way of derogation from the provisions of the second subparagraph of Article 10, shall be attributable to the only coowner concerned:
" (a) The costs incurred by the trade union, including the costs of formal notice, recovery and mortgage-taking as of the date of the formal notice, for the recovery of a claim against a co-owner and The rights and emoluments of bailiffs' acts and the right to recover or encashment at the expense of the debtor;
(b) The trustee's fees in respect of the benefits to be performed for the establishment of the dated condition on the occasion of the transfer, for consideration, of a lot or a fraction of a lot. "
Law n ° 65-557 of 10 July 1965 is thus amended:
1 ° Article 25 is supplemented by two paragraphs Thus written:
" (n) Work on common areas to prevent harm to persons and
. Where the General Assembly has decided to install a closure system in accordance with the preceding paragraph, it shall also determine, by the same majority as that provided for in the first paragraph, the periods of total closure of the building compatible with The exercise of an activity authorized by the condominium regulations. In addition to these periods, the total closure shall be decided by a majority of the votes of all co-owners if the device allows for a remote opening and unanimity in the absence of such a device." ;
2 ° In the fourth paragraph (c) of Article 26, the word and reference: And m " Are replaced by references: " , m and n " ;
3 ° Articles 26-1 and 26-2 are repealed;
4 ° In the last paragraph of Article 9, the words: " Articles 26-1 and " Are replaced by the words: " Article ".
The second subparagraph of Article 14-3 of Act No. 65-557 of 10 July 1965 is supplemented by a Phrase so written:
" However, a trade union consisting of less than ten lots for the use of accommodation, offices or businesses, whose average forecast budget over a period of three consecutive years is less than EUR 15 000, shall not be kept on account in part Double; its commitments can be recognized at year-end. "
I. -Cooperative unions, unions managed by a non-professional trustee co-owner and free trade union associations may, even if the buildings are not contiguous or adjacent, constitute cooperative unions with The object of creating and managing services to facilitate their management.
II. -Cooperative unions may own the goods necessary for their purpose. The members are represented at the general meeting of the cooperative union by their presidents or trustees. The General Assembly shall elect from among the representatives of the trade unions or free trade union associations the members of the Board of Directors of the Union. Their terms of office may not exceed three years renewable. It does not give rise to remuneration.
III. -Each trade union or association shall decide among the services offered by a cooperative union those of which it wishes to benefit. Cooperative unions are not subject to the provisions of Section 8 of Decree No. 67-223 of 17 March 1967 taken for the purposes of Act No. 65-557 of 10 July 1965 fixing the status of condominiums of built buildings.
I. -In the first sentence of Article 49 of Law No. 65-557 of 10 July 1965, the words: Five Years " Are replaced by the words: " Eight years ".
II. -In the second paragraph of Article 75 of Article 75 of Law No. 2000-1208 of 13 December 2000 on solidarity and urban renewal, the date: January 1, 2006." Is replaced by the date and a sentence so worded: " 1 January 2007. The Union's accounts shall be kept in accordance with the rules laid down in the decree referred to in that article from the first accounting period beginning on 1 January 2007. "
I. -After Chapter IV of Act No. 65-557 of 10 July 1965, it is inserted as follows:
"Chapter IVa
" Residences-services
" Art. 41-1. -The condominium regulations may extend the object of a condominium union to the supply to the occupants of the building of specific services, such as catering, monitoring, aid or leisure. These services may be provided pursuant to an agreement with third parties.
" The status of co-ownership of built buildings is incompatible with the provision of care or support and support services exclusively related to the person, which can only be provided by establishments and services covered by the Article L. 312-1 of the Code of Social Action and
. Art. 41-2. -The co-owners' trade union, set up under the conditions laid down in Article 41-1, cannot derogate from the obligation to establish a trade union council. The General Assembly may delegate to the union council, by an absolute majority of the votes of the co-owners' union, decisions relating to the day-to-day management of specific
. When it does not receive a delegation for this purpose, the Union Council must give its opinion on the draft convention for the provision of specific services when it is entrusted to a third party. In this case, it shall monitor the proper implementation of the Convention, of which it presents a balance sheet each year at the general
. Article 41-3. -The expenses relating to the specific services created shall be allocated in accordance with the first paragraph of Article 10. The operating expenses of these services constitute current expenditure in the sense and for the purposes of Article 14-1.
" However, the expenditure on individual benefits is not a condominium charge.
" Article 41-4. -Decisions concerning the abolition of the services referred to in Article 41 (1) shall be taken by a majority provided for in the first subparagraph of Article 26 and, where appropriate, to that provided for in the last paragraph of the same
. Article 41-5. -If the financial balance of one or more of the services referred to in Article 41-1 is seriously compromised and after the general meeting has taken place, the judge acting as in the case of interlocutory proceedings, seized by joint owners representing at least 15 % The voice of the union, may decide either the suspension or the removal of the services. "
II. -In article 43 of Act No. 65-557 of 10 July 1965, cited above, after the references: 6 to 37, "shall be inserted the reference and the word:" 41-1 to ".
Section L. 271-1 of the Construction and Housing Code is thus amended:
1 ° In the first paragraph, the words: " Private seing " Are deleted;
2 ° After the second subparagraph, a paragraph shall be inserted as follows:
" Where the act is concluded by means of a professional who has been given a mandate to assist in the sale, that act may be delivered directly to the beneficiary of the right of withdrawal. In this case, the withdrawal period shall run from the day after the remission of the act, which shall be attested in accordance with arrangements laid down by decree. ' ;
3 ° The last two paragraphs are written:
" Where the contract recording or making the agreement is preceded by a preliminary contract or a synallagmatic or unilateral promise, the provisions of the preceding three paragraphs shall apply only to that contract or Promise.
" Where the contract evidencing or realising the agreement is drawn up in the authentic form and is not preceded by a preliminary contract or a synallagmatic or unilateral promise, the non-professional acquirer has a period of reflection of Seven days from the date of notification or delivery of the draft act in the same manner as those laid down for the period of withdrawal referred to in the first and third paragraphs. In no case can the authentic act be signed during this seven-day period. "
Article 4 of Act No. 70-9 of 2 January 1970 regulating the conditions for carrying out activities relating to Certain transactions involving real property and trade funds are supplemented by two sub-paragraphs:
" The provisions of Chapter IV of Title III of the Book I of the Commercial Code shall apply to the persons referred to in the first subparagraph when they are not employed. However, such persons shall not receive or hold sums of money, property, effects or values or dispose of them in the course of the activities referred to in Article 1 of this Law. They shall not give legal advice or write private acts except for money orders made for the benefit of the holder of the professional card referred to in Article 3
Those of them who are already employed on a non-salaried basis on the date of entry into force of Law No. 2006-872 of 13 July 2006 on the national commitment for housing must register as commercial agents in the Nine months from that date. "
I. -The II of Article 9 of Act No. 70-9 of 2 January 1970 is supplemented by a 21 ° thus written:
" 21 ° One of the offences provided for in Section 1 of Chapter V of Title II of Book II of the Criminal Code. "
II. -Persons engaged in a profession or an activity referred to in Articles 1 and 4 of Act No. 70-9 of 2 January 1970 regulating the conditions of business relating to certain operations relating to immovable property and the funds of Trade which, prior to the entry into force of this Law, has been convicted in respect of the facts set out in Article 9 of Article 9 of Act No. 70-9 of 2 January 1970, cited above, shall be struck from the date of publication of that Act, Inability to practice.
However, within three months of Date of publication of this Law, apply to the court which has sentenced them or, in the case of a plurality of convictions, to the last court which has ruled, either to raise them from the incapacity of which they are affected, or to determine its Duration. Persons who make use of this right may exercise their profession or activity until a decision is made on their application.
The I of Article 6 of Law No. 70-9 of 2 January 1970 is supplemented by a paragraph worded as follows:
" Where the principal is acting in the course of his or her professional activities, all or part of the sums of money referred to above may be required by the persons referred to in Article 1 before an operation referred to in the same article Was actually entered into and found. The clause provided for this purpose shall be applied under conditions laid down by decree in the Council of State. "
After Article 19 of Law No. 70-9 of 2 January 1970, it is inserted an article 20 thus written:
" Article 20. -The natural persons and the legal or statutory representatives of a legal person holding a professional card referred to in Article 3 and issued by 31 December 2005 at the latest shall be deemed to justify the expected professional ability 1 ° of Article 3 as from 1 January 2006. "
I. -After Article L. 313-32 of the code of construction and housing, an Article L. 313-32-1 reads as follows:
" Art. L. 313-32-1. -For the implementation, under the conditions laid down in this Chapter, of the conventions referred to in Article L. 313-19 of Article L. 313-19 defining the national employment policies of the funds resulting from the participation of employers in the construction effort, The associated collectors of the housing social economy union receive part of the sums collected under Article L. 313-1 by the organisations, approved for the purposes of collecting them, having the status of housing organisations with moderate rent or Of mixed economy companies primarily engaged in an activity of Construction, acquisition or management of social housing.
" This payment to the associated collectors of the housing social economy union, set at two thirds of the total amount collected, by each body, under Article L. 313-1 in the previous year, shall be made before 30 June Of each year, together with a statement also addressed to the representative of the State in the headquarters department of the organization. It shall not include any funds of the part of the participation referred to in Article L. 313-9.
" Organizations subject to this payment that have not paid the payment before June 30 of each year are subject to a penalty equal to the amount collected in the previous year by the Minister responsible for the Housing after the organization has been called upon to submit its comments. These penalties are recovered for the benefit of the State, such as foreign claims to tax and estate. "
II. -The provisions of the I apply to amounts collected under Article L. 313-1 of the Construction and Housing Code between 1 January 2006 and 31 December
. -In the first paragraph of Articles L. 313-4 of the Construction and Housing Code and 235 bis of the General Tax Code, the words: , to the extent that they have not made such investments, " Are deleted.
I. -Article 257 of the General Tax Code is thus amended:
1 ° The c of 1 of 7 ° is supplemented by a paragraph worded as follows:
" Social housing for rental purposes constructed by the association referred to in Article 116 of the Finance Law for 2002 (No 2001-1275 of 28 December 2001) when it entered into an agreement with the State pursuant to Article L. 351-2 of the Code of construction and housing." ;
2 ° In the first paragraph of 7 ° bis, after the reference: " 3 ° ", is inserted the reference:" , 4 ° " ;
3 ° After paragraph 4 c of 7 ° bis, it shall be inserted as follows:
" (d) Work on improvement, processing, development or maintenance, other than the maintenance of green spaces and cleaning, by the association referred to in Article 116 of the Finance Act 2002, cited above. "
II. -In the second paragraph of d of 1 of Article 269 of the same Code, after the reference: C "shall be inserted the words and reference:" And the d ".
III. -The I of Article 278 sexies of the same code is thus amended:
1 ° In the 2, the words: " And Tenth " Are replaced by the words: " To twelfth " ;
2 ° Inserted a 3 quinquies as follows:
" 3 d Sales and contributions of social housing for rental purposes to the association referred to in Article 116 of the Finance Law for 2002 (No 2001-1275 of 28 December 2001) when it entered into an agreement with the State in application of the 4 ° Section L. 351-2 of the Construction and Housing Code; ".
IV. -In the first sentence of II of Article 284 of the Code, after the reference: 3 ter ", is inserted the reference:" 3 quinquies ".
I. -The rural code is thus amended:
1 ° In the eighth preambular paragraph of Article L. 716-2, after the rate: 75 % ", the rate is inserted:" , 50 PERCENT " ;
2 ° The penultimate paragraph of the same article is deleted;
3 ° After Article L. 716-2, it is inserted three Articles L. 716-3 to L. 716-5 thus written:
" Art. L. 716-3. -Employers who have not carried out the investments referred to in Article L. 716-2 by 31 December of the year following the payment of the remuneration shall be subject to a 2 % assessment of the amount referred to in the first paragraph of the same
. This assessment shall be recovered in accordance with the terms and conditions and under the security, guarantees and penalties applicable to turnover
. Art. L. 716-4. -The amount of the remuneration referred to in the first subparagraph of Article L. 716-2 shall mean the remuneration paid in the preceding calendar
. Art. L. 716-5. -Officials of the competent administrations may require employers and organisations benefiting from investments to justify their compliance with the obligations arising from the provisions of this Chapter. Such agents shall be bound by professional secrecy under the conditions laid down in the General Tax Code. "
II. -The general tax code is thus amended:
1 ° The title of Section VII of Chapter III of Title I of the book Ier reads as follows: Perceived assessment of employer participation in the construction effort and the participation of agricultural employers in the construction effort " ;
2 ° 2 of Article 235 bis is reinstated:
" 2. Employers who have not made the investments provided for in Article L. 716-2 of the Rural Code on 31 December of the year following that of the payment of remuneration shall be subject to a 2 % contribution calculated on the amount of the remuneration Paid by them in the past year, evaluated in accordance with the rules laid down in Title IV of Book VII of the same Code for employers of employees referred to in Article L. 722-20 of the same
. The agents of the competent administrations may require investments by such employers and organisations to satisfy the obligations arising from the provisions of this Chapter. "
III. -The provisions of this Article shall enter into force on 1 January 2007.
The first sentence of the second paragraph of Article L. 411-11 of Rural code is supplemented by the words: " On the basis of references calculated according to terms defined by decree in the Council of State ".
In the third Paragraph of Article 10 of Act No. 2003-710 of 1 August 2003 of orientation and programming for the city and urban renewal, after the words: Professional insertion ", are inserted the words:"
Until January 1, 2007, when a commune that belongs to a community of communes or to a community Of agglomeration requires its accession to another public institution of inter-communal cooperation with its own competent taxation in the field of local habitat programme and that the municipality applying for its accession and the municipalities of that public establishment Are included within the scope of the same territorial consistency scheme of which The majority of the population belongs to that public institution, the representative of the State in the département may, by way of derogation from Article L. 5211-19 of the general code of the territorial authorities, authorise the municipality to withdraw from the Community of communes or the community of agglomeration of which it is a member and authorise its accession to that public establishment. This accession may then, by way of derogation from the provisions of Articles L. 5214-1 and L. 5216-1 of the same code, constitute an enclave or territorial discontinuity, both for the community of which this municipality withdraws as for the establishment Public inter-communal cooperation in the field of taxation, to which this municipality adheres. The withdrawal of the commune is carried out in accordance with the conditions laid down in Article L. 5211-25-1 of the same code. It is worth reducing the scope of joint trade unions whose community of communes is a member under the conditions laid down in the third paragraph of Article L. 5211-19 of the same code.
Article 87 of Law No. 2005-32 of 18 January 2005 of programming for social cohesion is supplemented by a paragraph worded as follows:
" As in the metropolis, the overseas departments are eligible for all measures to support and relaunch social housing, to set up the housing component of the social cohesion plan, including the mobilisation of the budget line Unique. "
In Article L. 472-1-2 of the Construction and Housing Code, after the words:" Of chapter I " Are inserted the words: " And Chapter V ".
I. -Subject to the provisions of II of this Article, Article 1, Article 4 and Article 8 of this Law shall apply to Mayotte
-In Article 4, IX, the words: Social rental housing " Are replaced by the words: " Rental housing financed pursuant to Order No. 98-520 of 24 June 1998 on Land Action, to Economic Intervention Offices in the Agriculture and Fishing Sector and to Housing in the Community Mayotte territorial ".
Article L. 730-5 of the Town Planning Code reads as follows:
" Art. L. 730-5. -For the purposes of Article L. 315 -1-1, the first two paragraphs shall be worded as
: The authorisations and acts relating to the subdivision shall be granted in the forms, conditions and time limits determined by order of the representative of the
: (a) In municipalities where a land use plan or local planning plan has been approved and which have a cadastre established throughout their territory as well as in the municipalities where a communal map has been approved, on behalf of the Common or public institution of inter-municipal cooperation or of the State in accordance with the rules laid down in Article L. 740-4; ".
Act No. 2003-710 of August 1, 2003, of orientation and programming For the city and urban renewal is supplemented by an article 62 thus written:
" Article 62. -Title I shall apply to Mayotte, with the exception of the third paragraph of Article 11, Articles 13, 15 and 16, and Chapter IV
For the application to Mayotte of the provisions referred to in the first subparagraph, the words: "the department shall be replaced by the words:" the departmental community of Mayotte
For the purposes of Article 14, references to the code of construction and housing shall be deleted. "
This law will be enforced as the law of the state
Done at Paris, July 13, 2006.
Jacques Chirac
By The President of the Republic:
Prime Minister,
Dominique de Villepin
The Minister of State,
Minister of the Interior
and Spatial Planning,
Nicolas Sarkozy
The Minister of Employment,
Social Cohesion and Housing,
Jean-Louis Borloo
Minister of Economy,
Finance and Industry,
Thierry Breton
Justice Minister,
Pascal Clément
The Minister of Transport Equipment,
du tourisme et de la mer,
Dominique Perben
Minister of Health and Solidarity,
Xavier Bertrand
Minister of Agriculture and Fisheries,
Dominique Bussereau
La Minister of Ecology
and Sustainable Development,
Nelly Olin
The Minister for the Overseas,
François Baroin
The minister delegated to the
budget and state reform,
spokesman for the Government,
Jean-François Copé
La Associate Minister for Social Cohesion
and parity,
Catherine Vautrin
(1) Preparatory work: Act No. 2006-872.
Senate:
Bill 57 (2005-2006);
Report by Dominique Braye, on behalf of the Committee on Economic Affairs, No. 81 (2005-2006);
Opinion of Mrs Valérie Létard, on behalf of the Committee on Social Affairs, No. 85 (2005-2006);
Opinion by Mr Pierre Jarlier, on behalf of the Committee on Laws, No. 86 (2005-2006);
Discussion and adoption on 21-26 November 2005.
National Assembly:
Bill adopted no 2709 rectified;
Report by Mr Gérard Hamel, on behalf of the Committee on Economic Affairs, No 2771;
Opinion of Mr François Scellier, on behalf of the Committee on Finance, No. 2765;
Discussion on 18, 19, 24 to 26 January 2006 and adoption on January 31, 2006.
Senate:
Bill, as amended by the National Assembly at first reading, No. 188 (2005-2006);
Report by Dominique Braye, on behalf of the Committee on Economic Affairs, No. 270 (2005-2006);
Discussion on March 30, 4 to 6 and 11 April, 2 and 3 May 2006 and adoption on May 3, 2006.
National Assembly:
Bill, adopted with amendments by the Senate at second reading, No. 3072;
Report by Gérard Hamel, on behalf of the Committee on Economic Affairs, No. 3089;
Discussion May 30 and 31, June 1 and 6 and adoption on June 6, 2006.
Senate:
Bill, as amended by the National Assembly at second reading, No. 380 rectified (2005-2006);
Report by Dominique Braye, on behalf of the Joint Joint Committee, No. 416 (2005-2006);
Discussion and adoption on June 30, 2006.
National Assembly:
Report by Mr. Gérard Hamel, on behalf of the Joint Joint Committee, No. 3178;
Discussion and adoption on June 30, 2006.
