Key Benefits:
Minister of Economy, Industry and Employment, Minister of Housing and Minister of Budget, Public Accounts and Public Service,
Given the construction and housing code, including its Articles R. * 313-15 and R. * 313-31 ;
Given the general tax code, including its article 278 sexies and Article 70 quinquies B of its annex III;
In light of Act No. 2009-323 of 25 March 2009 on mobilization for housing and the fight against exclusion, including its Article 52;
Having regard to the amended decision of 16 March 1992 on the terms and conditions of use of the amounts collected for the participation of employers in the construction effort pursuant to sections R. 313-15 and R. 313-17 of the Construction and Housing Code;
Based on the advice of the National Habitat Council dated 8 April 2009,
Stop:
After article 2 of the above-mentioned decision of 16 March 1992, an article 2 bis is inserted as follows:
"Art. 2 bis. ― I.-By derogation from sections 1 and 2 above, the amount of the deferred repayment loan referred to as the Pass-Base loan meeting the conditions set out in II of this section is equal to 30% of the total cost of operation, as defined in section R. * 318-11 of the Construction and Housing Code, within the limit of €30,000 in zone C, €40,000 in zone B2, €45,000 in zone B1
Areas A, B1, B2, C are those defined under section 2 terdecies B of Schedule III of the General Tax Code.
II. The conditions mentioned in I are as follows:
(a) The conditions fixed by the second paragraph of 3 octies I of Article 278 sexies of the General Tax Code and specified by Article 70 quinquies B of Schedule III to the same code;
(b) The loan is amortized after a deferral period equal to the longest duration of the other loans that contribute to the financing of the transaction, excluding the interest-free reimbursable advance referred to in sections R. * 318-1 and following of the Construction and Housing Code, within a maximum of 25 years. Amortization time is not more than 10 years;
(c) During the deferral of amortization, the interest of the loan is paid monthly at the annual nominal rate of:
1. 25% per year, when the applicant is employed in the sector subject to employer participation in the construction effort;
2.5% per year, if not.
At the end of the deferral, the annual nominal loan amortization rate is 4.5% per year;
(d) For the entire duration of the loan, the borrower has the ability to repay the remaining capital due without being liable for any penalty of any kind;
(e) The borrower benefits from a redemption guarantee and a relocation guarantee under the conditions set out in the loan contract;
(f) The price of sale or construction of the housing does not exceed the ceilings provided for in II of section R. * 331-76-5-1 of the construction and housing code. »
The Director General of the Treasury and Economic Policy, the Director General of Planning, Housing and Nature and the Director of the Budget 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, 20 May 2009.
The Minister of Housing,
Christine Boutin
Minister of Economy,
industry and employment,
Christine Lagarde
Minister of Budget, Public Accounts
and the Public Service,
Eric Woerth
