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Decree Of 6 June 2013 Fixing For 2013 The Terms Of Use And Amount Of Credit For Investment Property Financing Operations Provided For In Article L. 14-10-9 Of The Code Of Social Action And Families

Original Language Title: Arrêté du 6 juin 2013 fixant pour 2013 les conditions d'utilisation et le montant des crédits pour le financement d'opérations d'investissement immobilier prévu à l'article L. 14-10-9 du code de l'action sociale et des familles

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JORF n°0142 of 21 June 2013 page 10320
text No. 15



Judgment of June 6, 2013 setting the terms of use and the amount of credits for the financing of real estate investment transactions provided for in Article L. 14-10-9 of the code of social action and families

NOR: AFSA1314697A ELI: https://www.legifrance.gouv.fr/eli/arrete/2013/6/AFSA1314697A/jo/texte


Minister of Social Affairs and Health and Minister Delegate to the Minister of Economy and Finance, Budget Officer,
Considering the code of social action and families, including articles L. 14-10-1, L. 14-10-5 and L. 14-10-9;
Considering the code of construction and housing, in particular Article L. 633-1;
Vu la Act No. 2007-1786 of 19 December 2007 Social Security Funding for 2008, including Article 69 (I);
Vu la Act No. 2012-1404 of 17 December 2012 Social Security Funding for 2012, including Article 69;
In view of the decision of 22 October 2003, setting out the models of documents provided for in articles R. 314-10, R. 314-13, R. 314-17, R. 314-20, R. 314-48 and R. 314-82 of the Code of Social Action and Families;
Considering the opinion of the National Solidarity Fund for Self-Government of 23 April 2013,
Stop:

Article 1 Learn more about this article...


The real estate investment transactions relating to the creation of places, the establishment of technical and security standards and the modernization of the premises of the establishments and services referred to in Article L. 314-3-1 of the code of social action and of the families, of those of the establishments jointly under the 6th of the I of Article L. 312-1 of the said code and Article L. 633-1 of the code of construction and housing authorized as well as of the institutions

Article 2


Receiving real estate investment operations must be carried out in the service of modernization, development, transformation of the aforementioned establishments and services regardless of their type of reception (permanent or sequential), and their adaptation to the changing needs of the hosts. They must lead to establishments whose architectural quality provides comfort in the use of living spaces and equipment that provide answers to the goal of maintaining the autonomy of the welcomed people.
They contribute in particular to the implementation of the quantitative and qualitative objectives of national plans aimed at the modernization and development of the provision of facilities and services to the elderly and persons with disabilities.
As such:
I. ― Are eligible for the Investment Assistance Plan:
- work on existing premises, for the only installed capacity authorized for social assistance, be carried out by restructuring or rebuilding new premises, in particular, for the latter case, when the cost of reorganization of the former reaches 70% of the cost of the new building, according to the priorities set out in Article 4;
― work on creating new places or expanding authorized and authorized capacity for social assistance;
– pre-requisite feasibility studies that would be required for the design of investment operations, particularly in complex restructuring operations that are part of a quality approach.
For 2013, and on an experimental basis, investment operations based on a sale in the state of future completion are eligible for the investment assistance plan.
II. ― are not eligible for the Investment Assistance Plan:
- the costs of land and real estate acquisition;
― the current maintenance work involving the owner or manager;
― the technical and safety standards that do not result from legal requirements or are not included in a comprehensive project to improve the quality of life of accompanied persons;
equipment and furniture;
– the transactions under way and those for which an order of service was issued prior to the attribute of grant decision. Exception may be made only for the technical and security standards and modernization of existing premises, by express derogation from the director of the National Solidarity Fund for Self-Government, on the report of the Director General of the Regional Health Agency, on the basis of the continuity of the institution's mission or the special technical constraints of carrying out the operation. The pre-feasibility studies referred to in the fourth paragraph of I of this article are not a start to carry out the following studies;
― except for, in particular, for the realization of appropriate activity and care centres for Alzheimer's patients in residential institutions for dependent elderly people as well as day and temporary accommodation and feasibility studies, operations with a total cost, all expenses combined, less than 400,000 euros;
― for the realization of appropriate activity and care centres for Alzheimer's patients in residential facilities for dependent elderly people as well as daytime receptions, temporary accommodations and feasibility studies, operations with a total cost, all expenses combined, less than 40,000 euros;
―on the elderly sector, operations carried out in institutions and services whose capacities are not empowered to social assistance, with the exception of day-to-day receptions and centres of suitable activities and care.

Article 3 Learn more about this article...


I. ― In 2013, the competition brought by the National Solidarity Fund for Autonomy in accordance with I of Article 69 of Law No. 2007-1786 of 19 December 2007 Social Security Funding for 2008 is a single, unreasonable, unreasonable investment assistance, except on an express exemption from the Director of the National Solidarity Fund for Self-Government over the report of the Director General of the Regional Health Agency for reasons that are subject to specific and unpredictable technical constraints for carrying out the operation, and the amount of which is calculated, from the cost of work eligible for the purpose, The subsidized expenditure may include related expenses that directly contribute to the completion of the work, including the intellectual benefits required for the design and monitoring of the project.
II. ― The assistance of the National Solidarity Fund for Self-Government presents a transferable character in order to allow for the mitigation of the over-cost (financial and depreciation) associated with the investment transaction, as opposed to the amount of assistance.
III. ― In cases where the managerial corporation is not the owner of the premises, the file submitted includes the undertaking of the owner, as part of the lease linking it to the manager, to reflect in mitigation of royalties and rents paid by the residents the amount of the investment assistance.

Article 4 Learn more about this article...


I. ― The technical and financial instruction for requests for assistance in the investment of the institutions referred to in section 1 filed with the implantation SRA is carried out by the SRA services.
II. ― The instruction of competitive application files is carried out on the basis of the multi-year investment programme provided for in Article R. 314-20 of the Social Action and Families Code and the provisions provided for in Article R. 314-48 of the Code of Social Action and Families and the provisions provided for in Article II, III and IV of the same Code.
III. ― For each operation involved in the areas of shared jurisdiction between the SRA and the department, the Director General of the SRA collects the opinion of the President of the General Council, prior to transmission to the NCA, and informs the proponents of the follow-up to their requests.
IV. ― On the basis of a comprehensive analysis of the modernization and development needs of the institutions referred to in section 1 in the region, consistent with the interdepartmental disability support program and loss of autonomy and an assessment of the funding capacities of the managers and the impact of the investment on the operating budget, the Director General of the ARS transmits to the Director of the National Fund for Solidarity for Self-Government its proposal This regional programming proposal, together with its technical and financial advice and a note specifying the prioritization criteria, is accompanied by a list of transactions ranked by priority order and specifying the level of the subsidized expenditure per operation.
The Director General of the SRA, in the development of this prioritized list of regional operations, ensures:
― ensuring the limitation of the impact of investment operations on the operating budget of institutions and services;
― avoiding the dispersal of financing on transactions likely to be eligible in order to ensure a real leverage of investment assistance in real estate projects;
― ensuring the coordination of the regional investment assistance programme presented to the National Solidarity Fund for Self-Government with the programming of the state credits (PLS...) and those of the other financiers, in order to facilitate the financial table towers of the owners.
V. ― On the basis of regional programming proposals, the Director of the National Solidarity Fund for Self-Government, after monitoring consistency and compliance with the eligibility rules set out in sections 1 and 2 and the priorities set out in the technical instruction of the National Solidarity Fund for Self-Government, distributes the regional investment aid envelopes corresponding to a list of operations.
Upon receipt of this notification, the Director General of the ARS shall inform the holders of selected projects.
VI. ― Within the three-month period of receipt of notification from the Director of the National Solidarity Fund for Self-Government, the institutions concerned undertake to deposit with the Regional Health Agency the final funding plan for the operation, the planned schedule of work and the draft convention linking it to the Director of the National Solidarity Fund for Self-Government for the benefit of investment assistance.
VII. ― Within six months of the notification, and then by half-monthly period, the institutions concerned undertake to inform the Regional Health Agency of the progress of the operation in the context of the forecast schedule established in the VI convention.
VIII. ― Upon certification from the Regional Health Agency, investment assistance is paid to the managerial institution or the contractor in three payments:
30% upon receipt of the order of service which constitutes the legal act involving the work or studies and the original RIB of the owner;
40% on presentation of the completed invoices for 50% of the total cost of the work, which is covered by the master of work and certified by the owner and the accountant;
30% upon completion of work and receipt of the final certificate document for completion of work and:
– Final count or
―a summary of the invoices paid corresponding to the total cost of the work, covered by the master of work and certified by the owner and the accountant.
VIII bis. ― For VEFA operations, on a certificate from the Director General of the Regional Health Agency, investment assistance is paid to the institution's manager or the agency conducting the acquisition in order to provide the manager with three payments:
30% at the reception of the order of service constituting the legal act involving the work, which the master of work, and certified by the purchaser;
40% on presentation of the completed invoices summary of 70% of the total cost of acquisition of premises in future completion condition, subject to by the master of work and certified by the purchaser;
30% upon completion of the work, upon presentation of the minutes of handover of the keys and the consolidated invoices corresponding to the total cost of acquisition of the premises sold in future completion, referred to by the master of work and certified by the purchaser.
IX. ― When, at the completion of the work, the subsidizing expense is less than the estimated final value cost at the beginning of the transaction, a systematic decrease in the amount of investment assistance is made in relation to the initial aid rate.
X. ― For the purposes of the provisions set out in I to IX, are defined by means of technical instruction of the National Solidarity Fund for Self-Government:
– the implementation priorities for the fiscal year;
- the list of documents to be provided by the authority responsible for the investigation of the files to the National Solidarity Fund for Self-Government and the deadlines for the transmission of these documents;
– the list of documents to be provided by institutions receiving investment assistance.

Article 5 Learn more about this article...


In 2013, in addition to the credits required to carry out the investment transactions financed under the state-region plan contract, which are provided in the accounts of the CNSA, the credits that can be used for the financing of real estate investment transactions in accordance with Article L. 14-10-9 of the code of social action and families are fixed to:
I. ― 84 million euros for the sub-section of the accounts of the National Solidarity Fund for Self-Government referred to in Article L. 14-10-5 of the same code.
II. ― 36 million euros for the sub-section of the accounts of the National Solidarity Fund for Self-Government referred to in Article L. 14-10-5 of the same code.

Article 6


The Director General of Social Cohesion and the Director of Social Security are responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.


Done on 6 June 2013.


Minister of Social Affairs

and Health,

For the Minister and by delegation:

Director General

social cohesion,

S. Fourcade

Minister Delegate

to the Minister of Economy and Finance,

Budget Officer

For the Minister and by delegation:

The Director of Social Security,

T. Fatome


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