Key Benefits:
Publics concerned: Union d'économie sociale du logement (UESL) et collecteurs associés (principally the Inter-Professional Housing Committees [CIL] as well as the Chambers of Commerce and Industry [CCI]); individuals and legal persons beneficiaries of the aids for the participation of employers in the construction effort (PEEC), known as "employments", including employees, social housing organizations, the National Agency of
Purpose: Definition of the nature and rules of use of PEEC jobs.
Entry into force: The Order sets out the nature and conditions of use applicable to PEEC jobs as of 2012.
Explanatory Note: PEEC, mandatory investment of companies of at least 20 employees, is collected mainly by the CIL. The PEEC aids, known as "jobs", are mainly distributed by the EUSL and the CIL.
The PEEC employment categories are defined in Article L. 313-3 of the Construction and Housing Code (CCH). The nature and rules of use of employment and the amounts that are allocated to it annually are set by regulation. These amounts were first defined in 2009 for the period 2009-2011.
This Order, pursuant to Article L. 313-3, makes various amendments to the rules adopted in 2009 with respect to the nature and conditions of use of employment:
― in terms of loans for work, the priority system granted to specific situations is abandoned for the benefit of an incentive system of increase;
- Mobility grants (Mobili-pass, Mobili-jeune, etc.) are placed under resource conditions;
― new forms of assistance to social housing organizations are created, in the form of a conditional debt with a reduced long-term rate of fine repayment and long-term reduced-rate loan with fine repayment;
– a new job to allocate aids under the Inter-Professional National Agreement for Youth, to accompany them in their access to housing in order to promote their access to employment (ANI) is created.
In addition, the decree amends the rates and duration of employment loans.
References: This decree and the provisions of the code of construction and housing that it amend can be consulted, in their drafting resulting from this amendment, on the site Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
Considering the construction and housing code, including its article L. 313-3 and its articles R. 313-12 to R. 313-20-3;
Vu le General Tax Code ;
Vu la Act No. 90-449 of 31 May 1990 amended to implement the right to housing, including article 4;
In view of the evidence that the consultation provided for in Article L. 313-3 was conducted;
Considering the advice of the Local Finance Committee (the Standards Assessment Advisory Board) dated 5 January 2012;
The State Council (section of public works) heard,
Decrete:
Sub-section 1 of chapter III, section 2, of Book III, title I, of the Construction and Housing Code (regulatory portion) is amended as follows:
1° Article R. 313-13 is supplemented by a paragraph as follows:
"When these aids are paid in the form of subscription or acquisition of securities, or securities of receivables, they may give rise, in the cases provided for in Article L. 313-3, to counterparties in the form of booking rights, under the conditions provided for in Article L. 313-26. » ;
2° In the first paragraph of section R. 313-14, the first two sentences are replaced by the following provisions: "Only dwellings with a principal residence character as defined in sections L. 31-10-6 and R. 31-10-6 may be financed by the employer's participation in the construction effort. » ;
3° Section R. 313-15 is amended as follows:
(a) In the third paragraph, the reference: "1°, II of the A of Article 1594-0 G" is replaced by the reference: "I of the A of Article 1594-0 G";
(b) The fifth paragraph is supplemented by the words:
"However, they are assimilated to the construction of housing when they contribute to the production or delivery of a new building within the meaning of 2° of the 2 of Article 257 of the General Tax Code.
4° Article R. 313-18-1 is as follows:
"Art. R. 313-18-1. - Areas A bis, A, B1, B2 and C mentioned in this section are defined in section R. 304-1. »
Subsection 2 of the same section 2 is amended as follows:
1° Article R. 313-19-1 is amended as follows:
(a) I is deleted;
(b) The first paragraph of the III is replaced by the following:
"III. – Reduced-rate loans granted to natural persons for improvement work. If, for the implementation of these provisions, the Union d'économie sociale du logement, in the exercise of its competence, recommends that the collecting partners reserve these loans to specific situations, it must include at least all the following cases:";
(c) A of III is supplemented by the following sentence: "However, these loans may be replaced by grants. These aids can also finance work on the construction of disability-friendly housing or improvement work necessary to adapt to the disability of existing housing or buildings. » ;
(d) The d of the III is replaced by the following:
"(d) Accommodations or buildings for the improvement of which the occupants obtain a grant from the National Habitat Agency to carry out the work necessary to put an end to their unworthy character within the meaning of third paragraph of Article 4 of Law No. 90-449 of 31 May 1990 the implementation of the right to housing; » ;
(e) The last paragraph of the III is replaced by the following:
"When aids are granted in the cases referred to in a to f, their amount is increased. » ;
(f) In IV, after the words: "at zero" are inserted the words: "or at reduced rates";
2° Article R. 313-19-2 is amended as follows:
(a) The second is thus written:
“II. ― Subscriptions of debt securities subject to reduced and long-term rates of fine repayment issued by companies referred to in I, by public housing offices referred to in Article L. 421-1 or by organizations authorized under Article L. 365-2.
"When these debt securities have an option that gives access to capital, this option must not be able to be lifted by the subscriber before the month before the title expires. » ;
(b) After the III, a III bis is inserted as follows:
"III bis. ― Long-term reduced in-term in-finity repayment loans granted to finance acquisition operations, followed or not by improvements, or rental housing construction with loans referred to in sections R. 331-14 and R. 372-1. » ;
(c) In IV, the second paragraph is replaced by the following:
"These loans may be granted to finance acquisition operations, followed or not by improvements, construction or improvement of rental housing, where these accommodations benefit from the loans referred to in R. 331-1 and are intended for students, mainly when they are employed or on probation.
"These loans may be granted for the acquisition and rehabilitation of indignant housing within the meaning of Article 4 of Act No. 90-449 of 31 May 1990 on the implementation of the right to housing, which is subject to an agreement under Article L. 353-1 and is intended primarily for the housing of employees.
"These loans may also be granted during the rental-accession phase approved under section R. 331-76-5-1. » ;
3° Section R. 313-19-3 is amended as follows:
(a) In I, the words: "Small-rate Grants or Loans" are replaced by the words: "Subsidies, long-term reduced-rate loans or long-term reduced-rate loans to fine refunds";
(b) II is deleted;
(c) The second sentence of the third sentence is replaced by the following provisions: "These subsidies may also be granted, where the dwellings are subleased to persons and families with special difficulties within the meaning of Article II. L. 301-1 by organizations referred to in Article L. 365-4, in the form of guarantees of rents and expenses due to these organizations or to the owners of these dwellings, or in the form of reduced-rate loans or » ;
4° The subsection is supplemented by an article as follows:
"Art. R. 313-19-8. - Aids of the same nature as the jobs defined in R. 313-19-1 to R. 313-19-3 and respecting their rules of use may be granted to young people under the age of 30 in order to facilitate their access to early housing and employment.
"In addition, when several young people who do not make up a household take on a rental of a dwelling, they may receive an aid under Article L. 313-3 in the form of a guarantee of rents and expenses due. »
Sub-section 3 of section 2 is amended as follows:
1° Section R. 313-20-1 is amended as follows:
(a) I is deleted;
(b) In II, the 1st is deleted and the 2nd becomes the 1st;
(c) In II, the 3rd becomes the 2nd and in that paragraph, the words: "25 years" are replaced by the words: "30 years";
(d) In II, the 4th becomes the 3rd and is thus written:
« 3° The interest rate of these loans does not exceed a ceiling rate equal to the rate of pound A effective December 31 of the year prior to the issuance of the loan offer or at the rate of 1%, if the rate of pound A becomes less than 1%. This interest rate is fixed. » ;
(e) The III is replaced by the following:
"III. ― The aids referred to in Article III R. 313-19-1 meet the following characteristics:
« 1° Their amount, including after application of the increase provided for in the last paragraph of this same III, does not exceed 100% of the anticipated cost of the transaction, within the limit of €20,000 per accommodation;
« 2° Their duration does not exceed fifteen years;
« 3° Their interest rate does not exceed a ceiling rate equal to the rate of pound A effective December 31 of the year prior to the issuance of the loan offer or the rate of 1%, if the rate of pound A is less than 1%. This interest rate is fixed. » ;
(f) The IV is replaced by the following:
"IV. ― The subsidies referred to in the VI of Article R. 313-19-1 are allocated to natural persons whose total amount of resources is less than a ceiling set by recommendation of the Union of Social Housing Economy, within the limits of the ceiling applicable to intermediate rental loans referred to in Article R. 391-1. » ;
(g) After the IV, a V is inserted as follows:
"V. ― The ceilings referred to in 1° of II and 1° of III may be increased or reduced to more than 20% by order of the Minister responsible for housing according to the consumption of the financial envelopes established by the decree provided for in the last paragraph of section L. 313-3. » ;
2° Section R. 313-20-2 is amended as follows:
(a) The 2° of I is replaced by the following:
« 2° The reduced long-term in fine-refunded loans mentioned in III bis of Article R. 313-19-2 meet the following characteristics:
“(a) Their amount does not exceed 60% of the forecast cost of the transaction, within the limit of double the amounts of the 1°;
“(b) Their duration is not less than forty years or more than fifty years;
"(c) Their interest rate does not exceed a ceiling rate equal to the pound rate A effective December 31 of the year preceding the signing of the loan agreement, reduced by one point, and at the rate of 1%, if the rate of the booklet Lowered from one point is less than 1%. This interest rate is fixed. The interests of these loans are paid at least annually, in term expired;
« 3° The national distribution of subsidies and loans mentioned in the III and III bis of Article R. 313-19-2 is carried out by the Union of Social Economy of Housing taking into account the programming of the approvals and aids of the State for the housing concerned. The regional distribution of these grants and loans is presented by the Union d'économie sociale du logement or one of its collectors' associates to the Regional Habitat Committee referred to in Article L. 364-1. » ;
(b) At 1° of II, after the two occurrences of the word "quotity", the word "maximum" is inserted;
(c) The 3rd of the II is thus written:
« 3° The interest rate of these loans does not exceed a ceiling rate equal to the pound rate A effective December 31 of the year preceding the signing of the loan agreement, reduced by one point, or at the rate of 1%, if the rate of the booklet Lowered from one point is less than 1%. This interest rate is fixed. » ;
(d) At the 2nd of the III, the words "30 years" are replaced by the words "50 years";
(e) The 3rd of the III is thus written:
« 3° The interest rate of these loans does not exceed a ceiling rate equal to the rate of pound A effective December 31 of the year prior to the signing of the loan agreement or at the rate of 1%, if the rate of pound A is less than 1%. This interest rate is fixed. » ;
(f) The 2° of the V is replaced by the following:
« 2° The interest rate of these loans does not exceed a ceiling rate equal to the pound rate A effective December 31 of the year preceding the signing of the loan agreement, reduced by one point, or at the rate of 1%, if the rate of the booklet Lowered from one point is less than 1%. This interest rate is fixed. » ;
(g) VI is replaced by the following:
« VI. ― 1° The subordinate debt securities referred to in II of Article R. 313-19-2 shall be refunded not earlier than forty years and not later than fifty years after their subscription;
« 2° The interest rate of these debt securities does not exceed a ceiling rate equal to the pound rate A effective December 31 of the year prior to the issuance of securities, reduced by one point, or at a rate of 1%, if the rate of the booklet Lowered from one point is less than 1%. This interest rate is fixed. The interests of these securities are paid at least annually, in term expired.
« VII. ― The ceilings mentioned in 1° of I and 1° of II may be increased or reduced to more than 20% by order of the Minister responsible for housing according to the consumption of the financial envelopes established by the decree provided for in the last paragraph of section L. 313-3. » ;
3° Section R. 313-20-3 is amended as follows:
(a) 2° of I is supplemented by the following:
"These ceilings may be increased or reduced to more than 20% by order of the Minister responsible for housing according to the consumption of the financial envelopes set out in the decree provided for in the last paragraph of section L. 313-3. » ;
(b) The 3rd of I is thus written:
« 3° The duration of long-term loans referred to in Article R. 313-19-3 does not exceed fifty years. The duration of long-term infinity repayment loans is not less than forty years and does not exceed fifty years. » ;
(c) The 4th I is replaced by the following:
« 4° The interest rate of these loans does not exceed a ceiling rate equal to the pound rate A effective December 31 of the year preceding the signing of the loan agreement, reduced by two points, or at the rate of 0.5%, if the rate of the booklet A reduced by two points is less than 0.5%. This interest rate is fixed. » ;
(d) II and III are repealed.
The Minister of Economy, Finance and Industry, the Minister of Budget, Public Accounts and State Reform, spokesperson for the Government, the Minister of the City and the Minister to the Minister of Ecology, Sustainable Development, Transport and Housing, responsible for housing, are responsible, each in this regard, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on 12 March 2012.
François Fillon
By the Prime Minister,
Minister of Ecology, Sustainable Development,
Transport and housing:
Minister of Economy,
finance and industry,
François Baroin
Minister of Budget, Public Accounts
and state reform,
Government spokesperson,
Valérie Pécresse
The Minister of the City,
Maurice Leroy
Minister to the Minister of Ecology,
Sustainable Development,
Transport and housing,
Housing Officer
Benoist Apparu
