Key Benefits:
The Prime Minister,
On the report of the Minister of Housing and the City,
Considering the code of construction and housing, including titles II and IV of Book IV;
See?Order No. 2007-137 of 1 February 2007 relating to public offices of habitat;
Considering the advice of the Conseil supérieur des logementions à loyermoderation dated 15 March 2007;
The State Council (section of public works) heard,
Decrete:
After the article *R. 443-12, an article *R. 443-12-1 is inserted as follows:
"Art. *R. 443-12-1.-When a mixed economy corporation or a territorial authority sells, respectively pursuant to articles L. 443-15-2 and L. 443-15-2-1, a fixed dwelling vacant or, if located in an overseas department, a vacant social housing, the terms and conditions of advertising of the sale are those provided for in article R. 443-12.
"In the case of a sale by a local authority, the information referred to in the first paragraph of section R. 443-12 shall be provided to only tenants residing in the territory of the community concerned, the display referred to in the same section shall be made, as the case may be, to the municipality's municipality or to the headquarters of the public inter-communal cooperation institution concerned and to the sites usually used for the information of tenants »
Type 3 "Social Object" clause in the Appendix toArticle R. 422-1 of the Construction and Housing Code (Type stats of anonymous housing companies with moderate rent) is amended as follows:
I. ― The 12°, 13° and 14° respectively become the 15°, 16° and 17°; 15° to 21°, respectively, become the 18° to 24°; the 22° to 26° respectively become the 25° to 29°; the 27° to 29° respectively become the 33° to 35°.
II. ― After the 11°, the 12°, 13° and 14° are inserted as follows:
« 12° To be a co-ownership trustee and administrator of property of built, constructed or acquired buildings either by it, or by another moderately rented housing organization, a territorial community, a mixed economy corporation or a not-for-profit organization, the association referred to in section 116 of the Financial Act for 2002 referred to above, or one of the civil real estate companies whose shares are held at least 99% by that association;
« 13° To sell building works to the organizations referred to in Article L. 411-2 of the Construction and Housing Code and to the mixed economy companies or to acquire them from them by contract of sale of building to be built under Articles L. 261-1 et seq. of the same code;
« 14° To build or acquire, develop, maintain, manage, or provide in management to natural or legal persons of the socially-oriented hotel residences provided for in Article L. 631-11 of the Construction and Housing Code; "
III. ― The 18th is written as follows:
« 18° In the condominiums referred to in 1° above which are the subject of a backup plan pursuant to Article L. 615-1 of the Construction and Housing Code or a scheduled habitat improvement operation provided for in Article L. 303-1 of the same code and dedicated to the degraded condominiums, to acquire lots for their resale, to carry out all of them provisionally. The provisions of the 7th of Article R. 421-4 of the same code are applicable to the terms and conditions of resale and lease of these lots; "
IV. ― After 29°, the new 30°, 31° and 32° are inserted:
« 30° To carry out for sale, under the conditions provided for in Article L. 261-3 of the Construction and Housing Code, on behalf of public or private persons, buildings for primary use of dwelling which it may temporarily hold the usufruct under the terms defined in Articles L. 253-1 to L. 253-5 of the same Code;
« 31° To ensure the stewardship of civil real estate companies of progressive accession to the property governed by Articles L. 443-6-2 and following of the Construction and Housing Code;
« 32° To carry out work, to acquire, build and manage residential buildings for the benefit of national police and gendarmerie officials, departmental fire and rescue services or prison services, as well as the premises for the building and the premises necessary for the operation of gendarmeries; "
Type 3 "Social Object" clause in theAnnex to section R. 422-6 of the Construction and Housing Code (Type stats of anonymized cooperative housing production companies with moderate rent) is amended as follows:
I. ∙ The 6° to 8° respectively become the 9° to 11°; 9° to 17° respectively become the 12° to 20°; the 18th becomes the new 21st; the 19° and 20° respectively become the 22° and 23°; the 22° to 28° respectively become the 25° to 31°; 29° becomes the 33°.
II. ― The second sentence of 2° is repealed.
III. ― After 5°, the 6° to 8° are inserted as follows:
« 6° To build or acquire, develop, maintain, manage, or provide in management to natural or legal persons of the socially-oriented hotel residences provided for in Article L. 631-11 of the Construction and Housing Code;
« 7° To ensure the stewardship of civil real estate companies of progressive accession to the property governed by articles L. 443-6-2 and following;
« 8° To sell building works to the organizations referred to in Article L. 411-2 of the Construction and Housing Code and to the mixed economy companies or to acquire them from them by contract of sale of building to be built under Articles L. 261-1 et seq. of the same code;".
IV. 12° is written as follows:
« 12° To be a co-ownership trustee and administrator of property of built, constructed or acquired buildings either by it, or by another moderately rented housing organization, a territorial community, a mixed economy corporation or a not-for-profit organization, the association referred to in section 116 of the Financial Act for 2002 referred to above, or one of the civil real estate companies whose shares are held at least 99% by that association; "
V. ― The 15th is thus written:
« 15° To carry out the actions or development operations defined by the urban planning code on behalf of third parties. In this case, the provisions of Articles L. 443-14 and L. 451-5 of the Construction and Housing Code are not applicable to the assignments of buildings made necessary by the carrying out of these actions or operations; "
VI. ― In the first sentence of 18°, replace "14°" with "17°", and after the reference "L. 615-1 of the code of construction and housing", the words are inserted: "or a scheduled habitat improvement operation provided for in Article L. 303-1 of this code and dedicated to degraded condominiums".
VII. ― After 23°, a new 24° is created as follows:
« 24° To carry out work, to acquire, build and manage residential buildings for the benefit of national police and gendarmerie officials, departmental fire and rescue services or prison services, as well as the premises for the building and the premises necessary for the operation of gendarmeries; "
VIII. ― After 31°, a new 32° is created as follows:
« 32° To carry out for sale, under the conditions provided for in Article L. 261-3 of the Construction and Housing Code, on behalf of public or private persons, buildings for primary use of dwelling which it may temporarily hold the usufruct under the terms defined in Articles L. 253-1 to L. 253-5 of the same Code; "
♪ articles R*. 422-9 and R. 422-9-2 to R. 422-9-5 of the Construction and Housing Codeare repealed.
The provisions of chapter I, section 1, title II, of Book IV of the Construction and Housing Code (regulatory party) relating to the appointment, remuneration and termination of functions of the directors general of the public development and construction offices are applicable, until the provisions made under the provisions ofArticle L. 421-12 of the Construction and Housing Codecontracts and the termination of functions of the general directors of public offices of the habitat resulting from the transformation of public development and construction offices.
Public office directors of moderately rented dwellings maintained in management functions after the coming into force of theOrder No. 2007-137 of 1 February 2007 relating to public offices of habitat shall retain the benefit of the previously applicable regulatory, statutory and compensation provisions, up to the appointment in each office of the Director General, within the period referred to in section 8-I of the above-mentioned order.
In the event of termination of office of the Director prior to the appointment of the Director General, the Director shall be replaced by a contractual recruitment under the conditions and limits set out in section 5 of this Order.
I. ― In accordance withArticle L. 421-24 of the Construction and Housing Codea collective agreement on the classification of posts and the basic remuneration of staff, not within the territorial public service, employed in the public offices of housing is concluded at the national level between representatives of the national federation of public offices of housing and representatives of representative trade union organizations, before February 29, 2008.
In the absence of notification of a valid agreement to the Minister responsible for housing within the month of the date mentioned in the preceding paragraph, the order referred to in the second paragraph of section L. 421-24 above shall be made within six months.
II. ― The validity of the agreement is conditional on the absence of opposition from the majority of trade union organizations representative of the text notified by the most diligent part of the signatory organizations to all representative organizations, following the signature procedure. The opposition is expressed in writing and motivated within fifteen days of the date of notification of the agreement. It specifies points of disagreement. It is notified to all parties to the negotiations.
The Minister of the Interior, Overseas and Territorial Communities and the Minister of Housing and the City are responsible, each with respect to it, for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done in Paris, December 24, 2007.
François Fillon
By the Prime Minister:
Minister of Housing and City,
Christine Boutin
The Minister of the Interior,
the overseas and territorial authorities,
Michèle Alliot-Marie
