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Decree Of 1 August 2014 Approving The General Regulation Of The National Agency Of The Habitat

Original Language Title: Arrêté du 1er août 2014 portant approbation du règlement général de l'Agence nationale de l'habitat

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JORF n°0188 of 15 August 2014 page 13598
text No. 19



Order of August 1, 2014 approving the General Regulations of the National Habitat Agency

NOR: ETLL1408764A ELI: https://www.legifrance.gouv.fr/eli/arrete/2014/8/1/ETLLL1408764A/jo/texte


Minister of Economy, Production Recovery and Digital, Minister of Housing and Equality of Territories, Minister of Overseas and Secretary of State for Budget,
Given the construction and housing code, including its articles R. 321-5 and R. 321-6 and following;
Considering the Order of February 2, 2011 approving the General Regulations of the National Habitat Agency;
In light of deliberation No. 2014-08 of the National Habitat Agency Board of Directors of March 19, 2014,
Stop:

Article 1 Learn more about this article...


The general regulation of the National Habitat Agency, as amended by deliberation No. 2014-08 of 19 March 2014 and annexed to this Order, is approved.

Article 2 Learn more about this article...


The Director of Habitat, Urban Planning and Landscapes, the Director General of the Treasury, the Director of Budget and the Director General of the Overseas are responsible, each with respect to him, for the execution of this Order, which will be published in the Official Journal of the French Republic.

  • Annex


    ANNEXES
    Annex
    GENERAL REGULATION OF THE NATIONAL AGENCY OF HABITAT


    Consolidated version following the amendments adopted by the Agency's Board of Directors on March 19, 2014 (Decrease No. 2014-08) and approved by Order of August 1, 2014 approving the General Regulations of the National Habitat Agency.


    Prealable


    The departments or public institutions of inter-communal cooperation (EPCI) have concluded the agreement referred to in the agreement referred to in the General Regulation of the Agency.Article L. 321-1-1 of the Construction and Housing Code (CCH), which provides for the possibility to delegate the NAAH credits to them and allows the President of the General Council or ECI to allocate the NAAH grants on behalf of the beneficiaries referred to in I and II of section R. 321-12 of the Construction and Housing Code (CCH). In this document, "the delegate" means the president of the public intercommunal cooperation institution or the general council.

    • Chapter I: Provisions applicable to the action program and the rules of procedure of local habitat improvement commissions


      Pursuant to the provisions of Article R. 321-10, R. 321-10-1 and II of Article R. 321-11 of the CCH, the determinations to grant or reject applications for grants shall be made by the delegate or by the delegate of the agency in the department, in particular on the basis of a program of actions defined in the AAH of this chapter, if any after


      A. - The action programme


      Pursuant to 1° of I and II of Article R. 321-10, 1° of Article R. 321-10-1 and 4° of II of Article R. 321-11 of the CCH, a programme of actions established, as the case may be, by the agency's delegate in the department or by the delegate is submitted for advice to the CLAH of the territory of jurisdiction concerned.
      This action program sets out the terms and conditions for the allocation of the agency's aids in accordance with the agency's general directions set by the agency's board of directors and local issues as they relate to:


      - local habitat programs referred to in Article L. 302-1 of the CCH (PLH);
      - the departmental plan of actions for housing disadvantaged persons (PDALPD);
      - the departmental habitat plan referred to in Article L. 302-10 of the CCH (PDH);
      - where applicable, agreements concluded under articles L. 301-5-1 or L. 301-5-2 and L. 321-1-1;
      - knowledge of the local market.


      It includes, inter alia, the territory of the jurisdiction concerned:
      1° Response priorities and project selectivity criteria. These priorities may be thematic, territorial or more specifically targeted on certain categories of beneficiaries based on criteria related to the income of applicants, geographical criteria or terms of rental accepted by the owners, including the level of rent practised. The application of the priorities thus defined may lead to conditions for admissibility, eligibility or calculation of aid more restrictive than those established by the board of directors;
      2° The financial terms for intervention with respect to the agency's aids. As such, it takes into account the complementarity of the agency's aids with other private habitat aids;
      3° The rent scheme applicable to the agreements with work signed pursuant to Articles L. 321-4 and L. 321-8: finding of market rents, definition of local zoning, determination of rent ceilings, including by category or size of housing, in accordance with the rent ceilings fixed at the national level according to the geographical zoning applicable to the agreement with the NAAH, of the deliberations of the board of directors with respect to the provisions
      For the non-working agreement, the action program mentions the provisions that were adopted, under the conditions established by the agency's board of directors, on its jurisdiction;
      4° A status of planned operations related to habitat improvement (OPAH, PIG, PST, MOUS, LHI protocols, local habitat improvement funds referred to in Article L. 321-1-3 of the CCH...), where applicable, plans for the protection of co-owners in difficulty, etc., under way and a medium-term projection of them, including commitments made and to come for the financing of work and
      5° The conditions for the monitoring, evaluation and annual return of the actions implemented under this program.
      The action program is subject to an annual assessment that is to be taken into account in the annual report referred to in 2° of I or II of section R. 321-10.
      The share program, based on this annual balance sheet and the evolution of the agency's general policy, is subject to at least one annual adaptation at the beginning of the year to take into account, inter alia, the financial resources allocated, the evolution of the rent levels applicable to the agreements concluded under sections L. 321-4 and L. 321-8 of the CCH and new contractual commitments.
      The action programme determines the date of application of the measures taken under paragraphs 1°, 2° and 3° above.
      Adaptations may be made at any time under the same conditions as for its approval.
      Following the advice of the CLAH, the program of actions and its successive amendments are the subject of a publication in the collection of administrative acts.
      The action program and its annual balance sheet are forwarded to the agency's regional delegate for the purpose of evaluating and preparing the credit programming.


      B. - Local Habitat Improvement Commission rules of procedure


      For the application of 4° of I or II of Article R. 321-10 of the CCH, the rules of procedure of the CLAH must include the cases or criteria according to which the decisions of the agency's delegate in the department or the delegate shall be subject to prior notice of the CLAH.
      It sets a minimum periodicity of its meetings.
      It also includes rules of ethics, including by recalling the obligation to declare the duties and interests held by the incumbent and alternate members of the HLOCs in organizations, companies and associations that benefit or are intended to benefit from the financial competitions granted by the agency, pursuant to Article III of HCCH R. 321-10, as well as provisions relating to the confidentiality of the nominal data.
      The rules of procedure of the CLAH referred to in II of article R. 321-10 of the CCH are notified to the Prefect in the month following its adoption.
      The CLAH rules of procedure are published.

    • Chapter II: Processing of a grant application for work by applicants referred to in I and II of Article R. 321-12 of CCH A. - Constitution of application file Article 1 Formulation of application for grant


      Any request for a grant must be addressed to the agency's delegate in the department referred to in section R. 321-11 of the CCH or to the delegate in the jurisdiction of the accommodation, building or group of buildings for which the grant is sought.
      The request must be made on a specific form available to NAAH, local delegations or the delegate, if applicable. It includes the information necessary for the identification of the applicant and the place where the work is to be carried out, as well as the recall of the main regulatory obligations applicable in the event of granting the subsidy and, in the case of specific conditions of occupancy of subsidized housing, the corresponding treaty obligations.
      This application, together with the supporting documents annexed, is dated and signed by the applicant or its agent. Adaptations to these rules can be implemented in case of teleprocedure.
      Upon receipt of the request, a receipt shall be issued without delay by the department in charge of the instruction.
      The recipient includes the following:


      - the date of receipt of the grant application;
      - the designation, mailing address and, if applicable, electronic as well as the telephone number of the file-loading service;
      - the information that only an express decision to grant a grant commits the agency on a legal and financial basis;
      - the principle that any application that did not result in the notification of a decision within four months of the date of receipt of the grant application is deemed to be rejected;
      - deadlines and remedies for implicit rejection of the application.


      Article 2
      Mandatory recourse to an agent


      The designation of an agent is mandatory in the event that all holders of the property rights of the dwelling or the building on which the work is carried have not signed the application and where the applicant is not legally entitled to act alone.


      Article 3
      Modification of the initial project


      In the event of an extension of the work, there may be no additional subsidy without the prior filing of a supplementary application. In the event of a substantial change in the project, a new application must be filed under the conditions set out in section 1 of these Regulations.


      B. - Conditions for the instruction of grant applications
      Article 4
      Subsidy work and expenditures (R. 321-15)


      Only certain expenses, defined by the Board of Directors in accordance with section R. 321-5 of the CCH and, where applicable, provided by nature and by categories of beneficiaries and transactions referred to in I and II of section R. 321-12 of the CCH, may be taken into account for the benefit of the grant. As such, the subsidized work must be included in the list of admissible work to the NAAH aids established by the Board of Directors. However, all measures prescribed on a building by an order made under the articles L. 1331-26 and following L. 1334-1 and following of the Public Health Code or sections L. 123-3, L. 129-1 and following and L. 511-1 et seq. of the CCH may be subject to an agency grant.
      In case of delegation of jurisdiction, the agreement entered into pursuant to Article L. 321-1-1 of the CCH may provide for modifications to this list in accordance with the second paragraph of Article R. 321-15 of the CCH.
      An application for a grant is admissible only if the amount of the subsidyable work is at least equal to a minimum amount determined by the board of directors, except for social transactions determined by the board of directors. The board of directors may, under the same conditions, set an amount of subsidy under which the application is inadmissible. For applications for grants filed by co-owners for work on common parties, the threshold for admissibility for the purposes of the provisions of this paragraph applies to each condominium on the basis of its assessment.
      A master's degree mission carried out by a professional master of work, including an architect or an architect in architecture, may be required for certain types of work or operations determined by the board of directors because of their amount or complexity.


      Article 5
      Work begins (R. 321-18)


      In accordance with section R. 321-18 of the CCH, work commenced prior to the filing of the grant application may not be supported by the agency. However, the agency's delegate in the department or the delegate may, on an exceptional basis, grant a grant where the file could only be filed after the commencement of work, including:


      - in the event of urgent work due to a clear risk to the health or safety of persons;
      - in case of ex officio work carried out by the commune or the State in application of the articles L. 1331-29 and L. 1334-2 public health code or articles L. 129-2 and L. 511-2 and following of the construction and housing code (CCH);
      - in case of application of the articles L. 125-1 and L. 122-7 the insurance code for damage caused by natural disasters or the effects of the wind due to storms, hurricanes and cyclones.


      Article 6
      Older buildings or dwellings in which work is carried out (R. 321-14)


      To benefit from NAAH assistance, buildings or dwellings in which work is carried out must be completed:


      - for at least fifteen years at the date of notification of the grant award decision; or
      - for a period of not less than 10 years at the date of notification of the grant award decision when the work relates to the common parts of a building subject to the safeguard plan provided for in Article L. 615-1 of the CCH.


      Exceptions to these old buildings principles:
      General case: these deadlines may not be required by the agency's delegate in the department or delegate when the work envisaged tends to:


      - whether to adapt housing to the specific needs of persons with disabilities or the elderly;
      - to improve the housing occupied by people called to work at night;
      - save energy.


      Special cases: on an exceptional basis, exemptions on the condition of the fifteen-year period may be granted by the agency's delegate in the department or the delegate depending on the urgency and interest of the work to be carried out in the following situations:


      - building at risk, unhealthy or requiring work to secure common equipment for collective use;
      - work resulting from a natural or technological disaster, or the effects of the wind due to storms, hurricanes and cyclones, duly observed under the articles L. 125-1, L. 122-7 and L. 128-1 the insurance code;
      - works on buildings or dwellings located within the scope of an OPAH planned to theArticle 6 of Act No. 90-449 of 31 May 1990 amended to implement the right to housing, or a safeguard plan under section L. 615-1 of the CCH, or where a provisional administrator has been designated, in accordance with the provisions of Article 29-1 of Act No. 65-557 of 10 July 1965 ;
      - work related to the prevention of natural or technological risks or to the control of sound nuisance at the aerodromes or other site particularly exposed.


      Article 7
      Operations involving specific commitments


      Article 7-A
      Operations with accommodation reservations


      I. - The granting of an agency assistance may in some cases be subordinated, for the donors referred to in 1° and 10° of I of Article R. 321-12 of the Construction and Housing Code (CCH) and for the public property management establishment of Nord - Pas-de-Calais established by theArticle 191 of Act No. 2000-1208 of 13 December 2000, to the establishment of a right of reservation on one or more accommodation units. This provision is only concerned with dwellings under CCH Articles L. 321-4 or L. 321-8. These conventions refer to these specific commitments.
      Pursuant to section R. 321-17 of the CCH, the Board of Directors determines, by deliberation, the characteristics of the records for which this booking commitment is mandatory, particularly depending on the number of accommodations that are the subject of the request for assistance. It determines, for these files, the quotity of accommodation to be booked as well as the criteria for selecting reserved accommodations.
      Reservation commitments are subject to a specific booking agreement, which may be concluded, if any, directly between the lessor and an agency delegated to that effect by the agency in a treaty framework approved by the board of directors. The organization so delegated by the NAAH is referred to in this "delegated reserve" regulation.
      These commitments relate to the duration of the agreement concluded under articles L. 321-4 and L. 321-8.
      This reservation agreement includes the standard clauses annexed to this RGA.
      II. - The award of the subsidy notified to the lessor concerned by booking commitments includes the requirement to enter into a reservation agreement, if any, the contact details of the delegated reserving agent and the terms and conditions relating to the deadlines for conclusion of the agreement.
      The reserving agent or, where appropriate, the delegated reserving agent shall transmit to the owner of the lessor concerned a draft reservation agreement in accordance with the requirements set out in I of Article 7-A of these Regulations, within one month after the notification of the award decision.
      The reservation agreement must be entered into no later than three months after notification of the grant award decision. This period may be extended by a maximum of three months, upon a warranted request from the delegated reserving or the lessor to the service that initiated the grant allocation file.
      If, at the end of the time limit, the reserving agent or, if any, the delegated reserving agent did not propose a draft convention or if the agreement was not concluded, without it being attributable to the lessor, the lessor is exempt from its obligation.
      III. - In addition to the cases referred to in I of this article, where the booking undertaking is mandatory, the board of directors may set out the conditions under which an enhanced assistance may be granted to donors who make booking commitments for one or more accommodation units. In this case, the owner submits, in support of his application, the draft reservation agreement that has collected either the reservation agreement or the delegated reserve of his choice.


      Article 7-B
      Major rehabilitation operations


      The project involving a building or a group of buildings owned by the same owner and for which the projected amount of the subsidyable work exceeds an amount determined by the board of directors is an important rehabilitation operation (OR).
      In all cases, the benefit of a grant is subject to the conclusion of a specific OIR agreement relating to the mutual commitments of the parties, possible financial guarantees (conventional mortgage, bank bond, etc.) and possible counterparties for the benefit of organizations collecting the participation of employers in the construction effort.
      The decision is made in all cases after prior notice of the local Habitat Improvement Commission (HCL) based on the interest of the operation and the draft convention established.
      Depending on the case, the agency's delegate in the department or the delegate, or its representative, signs the OIR agreement and, if applicable, the mortgage agreement.


      Article 8
      Administrative authorities


      The allocation of NAAH aids does not presume to obtain administrative authorizations that may be necessary to carry out the work. Their requests are the responsibility of the owner.


      Article 9
      Consideration of the application


      The instruction of the application shall be carried out by the agency's delegate in the department or the delegate, who may, if any, carry out or make an on-site visit under the conditions provided for in Article 17-B of these Regulations and request further explanations from the applicant.
      To be deemed complete, a file must include the completed and signed grant application printer, accompanied by the attachments for each type of recipient. During the course of the instruction, the service in charge of the case may require the production of additional parts, where they are essential to the processing of the case. In this case, the file will only be deemed complete upon receipt of the requested parts.
      Where the file is not deemed to be complete, the person in charge of the instruction of the file requests the person requesting the grant or the agent to send the additional documents to the applicant by specifying the date on which, if the requested documents are not received, the application may be filed without further action. In the event of a request for additional parts, the period from which, if not expressly decided, the application for a grant is deemed to be rejected shall be limited to the date of receipt of the documents within the required time limit.
      If the documents have not been produced within the specified time limit, the agency's delegate in the department or the delegator shall notify the applicant of the filing without further action by informing him of the remedies available to him.


      Article 10
      Data privacy (R. 321-18)


      The grant application results in computer processing on a secure system. Printed grant application informs the applicant that it has a right of access and rectification of data from the agency delegate in the department, in accordance with the Act No. 78-17 of 6 January 1978 amended.
      The nominal information collected is intended for the instruction and processing of NAAH grant applications or, where applicable, delegates. To the extent that this information is necessary, it may be used by the agency or by the delegates to conduct studies or by the agency only to enable the agency to carry out its duties. They may also be transmitted, if any, to the delegated reservations referred to in Article 7-A of these Regulations. In the latter case, data transmission is restricted to what is strictly necessary for the exercise of booking fees delegated by the agency.
      Any use of nominal information for commercial purposes is prohibited.
      Any person who works at the NAAH or on behalf of the NAAH or by delegation of the NAAH, or attends meetings of the CLAH or the Appeals Board, is required to respect the confidentiality of the nominative data of which they may be aware and of any information relevant to the privacy of the applicants.


      C. Grant grant
      Article 11
      Decision for the approval or rejection of the grant application (R. 321-18)


      The decision to grant or reject the request for assistance shall be taken by the agency's delegate in the department or by the delegate pursuant to the action programmes referred to in 1° of I and II of Article R. 321-10, in accordance with sections L. 321-1 et seq. and R. 321-12 et seq. of the CCH, of these Regulations, of the deliberations of the board of directors and, where applicable, of the undertakings.
      The decision is based on the economic, social, environmental and technical interest of the project. This interest is assessed in particular on the basis of the provisions and priorities of the action programme referred to in 1° of I and II of Article R. 321-10 of the CCH and defined in A of Chapter I of these Regulations.
      In the event of absence or insufficiency of interest of the project, the assistance provided by the NAAH may be denied, reduced or subject to additional conditions relating to the consistency of the project or to specific commitments of the owner.
      Pursuant to the 4th I and II of Article R. 321-10, the decision shall be made after prior notice of the commission in the cases and in accordance with the provisions of the rules of procedure of the CLAH.
      The decision shall be notified to the applicant, as the case may be, by the delegate of the agency in the department or by the delegate, in accordance with the terms defined by the agreement entered into pursuant to Article L. 321-1-1 of the CCH.
      In the event of an approval, pursuant to section R. 321-18 of the CCH, the decision refers to the main features of the subsidized project, the amount of the subsidy, the conditions of its payment, the provisions relating to its possible repayment and the assignee accountant. If applicable, it shall also include the references provided for in Article 7-A of these Regulations.
      In the event of a specific rejection of the application, the decision, which mentions the avenues and time limits of appeal, is notified by a single letter to the applicant.
      Any request that has not given rise to the notification of a decision within four months of the date of receipt of the application or, where appropriate, the receipt, within the required time, of the additional documents requested under the provisions of section 9 of these Regulations.


      Article 12
      Maximum amount of public assistance (R. 321-17)


      The amount of the subsidy paid by the NAAH may not have the effect of bringing the amount of direct public assistance to more than 80% of the overall cost of the transaction.
      Constitutes public aids, within the meaning of Article R. 321-17 of the CCH, the subsidies of the State, the territorial authorities, their public administrative institutions, the ADEME and the European Community.
      However, this ceiling may be extended, on an exceptional basis, up to 100% for specific operations to preserve the health or safety of persons and property or certain social operations defined by deliberation of the board of directors.


      D. - Rules relating to the realization of work
      Article 13
      Business Intervention (R. 321-18)


      The work shall be carried out by professional companies of the building registered in the register of trade and companies or in the repertoire of the trades or legally installed in a member country of the European Union or by insertion companies or work aid centres duly authorized by an administrative authority. These companies must be subject to legal warranty rules.
      When pursuant to section R. 321-18 of the CCH the work is carried out by the occupant owners mentioned in section R. 321-12-I (2°), as part of a so-called "self-rehabilitation" operation, a technical supervision is required by an operator who undertakes to comply with a charter developed by the NAAH which, under the conditions defined by the Board of Directors,
      The costs taken into account under the conditions set by the Board of Directors are:


      - the amounts of work subsidized by NAAH, if any, by enterprises;
      - for the part of work carried out in framed self-rehabilitation: the cost of purchasing materials, small equipment and possible rental of equipment for the construction site;
      - the amount of possible diagnostic missions, mastery of work or other technical studies of intellectual benefits;
      - the amount of technical supervision.


      Article 14
      Start and completion time (R. 321-19)


      I. - Work must begin on the following terms and timeframes:
      1° If an advance referred to in R. 321-18 has been paid to the grantee, the work must begin within six months from the date of notification of the attributive decision of the grant.
      In the event of non-compliance, the advance paid must be refunded under the conditions set out in section 21 bis of these Regulations. However, on a reasoned request from the recipient, an additional period of up to six months may be granted by the agency's delegate in the department or the delegate, particularly where circumstances outside the applicant's will have impeded the commencement of work, such as:


      - a reason for family or health;
      - the unavailability or failure of the company attested by the company itself, a master of work or an agency responsible for the assistance to control work;


      2° In all cases: the grant decision becomes null and void if the work is not started within one year from the notification of the attributive subsidy decision.
      The postponement of this period may be granted by the agency's delegate to the department or the delegate for the same reasons as at 1° of this article on the basis of the reasons given by the recipient. This extension may not exceed one year.
      II. - Completion of work must be justified by the grant recipient under penalty of withdrawal of the grant award decision and the reimbursement of amounts already received, within three years, or five years when the work relates to buildings subject to a Plan for the Safeguarding of Failed Condoms, as of notification of the attributive decision of the grant.
      On a reasoned request from the grantee, an extension of these deadlines, up to two years, may be granted by the agency's delegate in the department or the delegate, particularly where circumstances outside the applicant's will have impeded the completion of the work, such as:


      - a reason for family or health;
      - a business failure;
      - important execution difficulties.


      E. - Conditions of allocation of housing subsidies and commitments
      Article 15
      Housing occupancy conditions and duration of commitments (R. 321-20)


      In accordance with the provisions of section R. 321-20 of the CCH, dwellings and premises included in a commercial lease subsidized by the agency must be occupied as a principal residence. The concept of primary residence must be understood within the meaning of actual housing occupied at least eight months per year, except for professional obligation, health reason or force majeure.
      Under exceptions for professional obligation, housing intended to be occupied by seasonal workers fulfil this requirement.
      The grant of the grant is subject to the commitment to meet conditions of occupancy for a duration and in terms that vary according to the recipients.


      Article 15-A
      Owners, real property rights holders conferring the use of rented premises naked or furnished (R. 321-12 [I, 1°])


      Housing for which the grant is granted must be leased for a period of not less than nine years from the date of completion of the work and, in accordance withArticle 6 of Act No. 89-462 of 6 July 1989 to improve rental ratios, to meet decency characteristics.
      When the work carried out with the help of the agency is related to the accessibility or adaptation of the building or housing to persons with disabilities and has been designed to meet the specific needs of the housed person, the rental time may be reduced to six years. In the event of departure from the tenant, this commitment period may no longer be required, by a decision of the agency's delegate in the department or the delegate, in particular based on the characteristics of the accommodation and the possibility of releasing, in particular for the benefit of a person with a disability for which the accommodation configuration would be adapted.
      The provisions of the preceding paragraph do not apply where the lessor, beneficiary of the subsidy, has signed, with the NAAH, an agreement under section L. 321-4 or L. 321-8 of the CCH.
      During the commitment period, leased dwellings may not be rented or occupied in any capacity by indivision members, managers, associates or administrators of legal persons, beneficiaries of the grant, as well as their spouses, concubines or partners bound by a civil solidarity pact.
      For the accommodation(s) concerned by a reservation agreement entered into under Article 7-A of these Regulations, the terms and conditions of attribution and occupation must comply with the terms and conditions established by the reservation agreement over its entire period of validity.


      Article 15-B
      Owners, real property rights holders of premises made available to others naked or furnished (R. 321-12 [I, 1°])


      The accommodation for which the grant is granted is made available, free of charge, for a household or for a person with the quality of an accommodation. Participation in any expenses paid by the Host does not question this character of gratuity.
      A written loan agreement or commodat governed by articles 1875 to 1891 of the Civil Code must bind people.
      This device is exclusively concerned:
      1° Housing for persons with disabilities. Assistance is then accompanied by a minimum six-year accommodation commitment, to which, in particular in the event of departure of the hebergé, may substitute, for the remaining commitment period, a commitment to rent the accommodation on specific terms of rent and resources of the tenant, defined by the agency's delegate in the department or the delegate;
      2° Households managed by approved organizations under section L. 365-4 of the CCH for the exercise of activities carried out for the accommodation of disadvantaged persons. In this case, aid is accompanied by a minimum occupancy commitment of six years;
      3° Housing owned by persons with all of the resources meets conditions defined by the NAAHA Board of Directors, which are also applicable to those housed. In this case, assistance is accompanied by a minimum six-year accommodation commitment.
      When the accommodation is rehabilitated to be occupied by seasonal workers, the owner undertakes, in a specific agreement with the NAAH, to reserve them for the housing of seasonal workers for a period of nine years. The agreement sets out the terms and conditions for housing occupancy and the commitments of the owner and provides the conditions under which an outside agency may be responsible, if any, for the intermediation of housing management or accommodation.


      Article 15-C
      Residential premises included in a commercial lease (R. 321-12 [II])


      1. The owner of the walls or operator of a commercial establishment of furnished premises, offered for varying durations of occupancy to a customer who uses these premises as a principal residence, may, on an exceptional basis, benefit from the agency's assistance to carry out work on all the common and private parts of the building assigned to this activity.
      In order to be able to benefit from this assistance, the operator and, if necessary, the owner of the walls undertakes in a convention, whose model clauses are determined by the board of directors, to:


      - maintain its activity for a minimum period of nine years in whole or in part for the benefit of disadvantaged persons within the meaning ofArticle 1 of Act No. 90-449 of 31 May 1990 ;
      - respect rental price ceilings defined by the agency's delegate in the department or delegate without being able to exceed limits set by the board of directors;
      - where applicable, rent these premises to social services or operators covered by the agreement, for the purpose of accommodation of disadvantaged persons referred to in Article 1 of the above-mentioned law, or to persons designated by its social services or operators under the conditions provided for in the agreement.


      The conclusion of this agreement can be accompanied by guarantees such as a dwarf.
      At the end of the work:


      - the operator must certify having fulfilled the obligations set out in the sections L. 1334-8 and 1334-9 of the Public Health Code;
      - the building must comply with the provisions of the departmental health regulations relating to the garnish and furnished and articles R. 123-1 and following of the CCH.


      2. The holder of the commercial lease in part on residential premises may be assisted by the agency to carry out work on improvement or access to these premises if he undertakes:


      - whether the accommodation is rented in the same manner as those applicable to the donor owners referred to in article R. 321-12 (I, 1°) of the CCH (cf. art. 15-A);
      - either to occupy the dwelling itself under the same conditions as those applicable to the occupant owners referred to in article R. 321-12 (I, 2°) (cf. art. 15-D). This possibility is offered only for housing occupied by persons with all resources meeting the conditions defined by the order referred to in the last paragraph of section R. 321-12 (I) of the CCH.


      Article 15-D
      Owners or holders of a real right of a dwelling they undertake to occupy themselves as a principal residence, or persons who assume the charge of the work for their ascendants or descendants occupying landlords (Occupant owners) (R. 321-12 [I, 2° and 3°])


      The accommodation must be occupied within a maximum period of one year after the completion date of the work.
      Housing for which the grant is granted must be occupied for a period of six years.
      The agency delegate in the department or the delegate may authorize, with maintenance of the grant, that the accommodation is not occupied when the grant recipients invoke medical, family or professional reasons. The authorization may be conditioned on the obligation to rent the dwelling as a principal residence with, where applicable, specific rental commitments.


      Article 15-E
      Communes or their groupings that carry out ex officio work (R. 321-12 [I, 4°])


      Municipalities or their groupings that substitute for owners or deficient operators for the measures they carry out in their place and place on the building under the respective application of articles L. 1331-29 of the Public Health Code or articles L. 123-3, L. 129-2 and L. 511-2 of the CCH may benefit from the agency's assistance provided that the buildings are occupied in whole or in part as a principal residence.


      Article 15-F
      Tenants (R. 321-12 [I, 5°])


      Lessees who perform work pursuant to articles 1 and 4 Act No. 67-561 of 12 July 1967, amended on the improvement of the housing or which, with the express agreement of their lender, carry out work on accessibility or adaptation of their housing to the disability, can benefit from the agency's assistance provided that the housing in which the work is subsidized is occupied as a principal residence.


      Article 15-G
      Organizations approved under section L. 365-2 of the CCH for the exercise of work-control activities conducted for the housing or accommodation of disadvantaged persons (R. 321-12 [I, 6°])


      The approved body under section L. 365-2 of the CCH shall be entitled to a real right giving it the use of the housing for which the subsidy is granted. The accommodation is provided for rent or free of charge to be occupied as a main residence. The period in which the use of the housing is conferred upon the approved body shall allow it to respect the commitment period established in accordance with, as the case may be, Article 15-A or Article 15-B of these Regulations.


      Article 15-H
      Unions of co-owners (R. 321-12 [I, 7° and 8°])


      I. - Pursuant to the 7th and 8th of Article R. 321-12 of the CCH, trade unions of co-owners may benefit from the agency's aids when the work relates to:
      1° Common areas and common equipment of a condominium:


      - subject to the backup plan provided for in Article L. 615-1 of the CCH;
      - located within the perimeter of a planned habitat improvement operation planned forArticle 6 of Act No. 90-449 of 31 May 1990 amended to implement the right to housing;


      2° For all prescribed measures when:


      - an insalubrity order is taken in application of articles L. 1331-26 et seq. of the Public Health Code ;
      - a notice of work is taken in accordance with Article L. 1334-2 of the same code (travaux d'élimination des peintures au plumes) ;
      - a decree of peril is taken under articles L. 511-1 et seq. of the CCH;
      - or an order is made pursuant to articles L. 129-1 et seq. of the CCH (common equipment safety work), has been notified to the union of co-owners on the building;


      3° When the grant is allocated to carry out work to end the unworthy character of the dwellings or buildings in which they are located, within the meaning ofArticle 4 of Act No. 90-449 of 31 May 1990, in terms defined by the agency's general regulations.
      In this respect, dwellings whose state, or the building in which they are located, expose the occupants to obvious risks that may affect their physical safety or health;
      4° For the financing of the work necessary for the normal operation of the co-ownership, where a provisional administrator has been appointed by the President of the High Court in accordance with provisions of Article 29-1 of Act No. 65-557 of 10 July 1965 establishing the status of co-ownership;
      5° For the financing of accessibility work on common areas or common equipment of the building.
      II. - For the application of 3° of I of this section, the unworthy character of dwellings or buildings within the meaning of the above-mentioned law is appreciated on the basis of an analysis report of the unhealthyness, prepared by a qualified professional. This analysis report concerns buildings that, although not subject to an unhealthy order, have a level of degradation of the building comparable to that observed in an order.
      The production of this specific report is mandatory, so that aid can be granted under the union and to support the demand for funding under the conditions of unworthy habitat.
      The content of the unhealthy analysis report is that set by the unhealthy grid published in Appendix V of instruction I.2007-03 of 31 December 2007 on NAAH subsidies in the context of the fight against habitat in the Official Bulletin of the MEEDDAT No. 2008-03 of 25 February 2008.
      In the light of this report and the ensuing rating, the agency's delegate in the department or the delegate decides whether the property falls under an unhealthy situation and sets the conditions for its funding under the conditions and limits set by the board of directors.
      III. - For the purposes of this article, only buildings assigned in a preponderant manner for the use of main dwellings (minimum 75 per cent of the lots or in the absence of 75 per cent of the fortieths dedicated to housing) can benefit from the co-owners' union. This provision also applies to buildings in a backup plan for poor condominiums.
      Aids to trade unions are calculated in all cases on all subsidized work applied to all housing lots.
      IV. - The allocation of a grant to the union of co-owners may be accumulated, for the same work, with individual aids to co-owners. Accumulation of individual aids and direct assistance to the owners' union cannot exceed the maximum amount likely to be paid to the union alone.
      The conditions for the granting of cumulative assistance must meet the following conditions:
      1° Prior to the filing of an application for cumulative assistance, the agency's delegate in the department or the delegate must be seized on the basis of a study, carried out by a planned operation monitoring and animation operator or by an agent acting on behalf of the condominium.
      Such a study may be carried out on the initiative of the monitoring and animation operator or the agent, or at the request of the agency's delegate in the department or the delegate, with a view to examining alternatives to a request for assistance to the trade union of which it would have been seized.
      This study should include the following:


      - work that would be subject to cumulative requests and their cost;
      - the characteristics of co-ownership and co-ownership that may require individual assistance;
      - financial simulations to compare several scenarios of aids to the single union, or to the union and individual co-owners, according to various assumptions regarding the rates of subsidy to the union or co-owners and the priority classification or not of individual applications according to the criteria specified by the study (characteristics of applicants, commitments made by the owners...).


      This study also takes into account the agency's individual support for work on common areas.
      On the basis of this study, the agency's delegate in the department or the delegate seizes the CLAH with a view to obtaining his prior opinion.
      After the advice of the CLAH, the agency's delegate in the department or the delegate informs the monitoring and animation operator of the scheduled operation or the agent of the condominium his prior notice.
      This notice specifies whether the option of a cumulative between aid to the union and individual assistance is retained.
      If so, it specifies the conditions under which union assistance and individual aids can be combined.
      This notice must also indicate:


      - that it does not prejudge the grant award;
      - that this notice may be called into question, in particular in the event of any changes that occur between the notification of the prior notice and the filing of the application(s) for the grant (in particular: substantial change in the forecast cost of the work, changes in the funding rules decided by the board of directors, changes in the context of the local intervention budget);


      2° On the basis of this notice, the file of cumulative requests for union assistance and individual assistance is constituted.
      It is filed by a single agent acting both for the syndicate of co-owners and as a common agent for individual consolidated applications. The application includes all the individual commitments signed by the co-owners concerned with individual assistance and, where applicable, the justifications for resources;
      3° The agency's delegate in the department or the delegate shall be responsible for the instruction of the applications and shall verify the conditions for the calculation of the subsidies that may be granted individually and under the union of the co-owners and in particular the respect for the maximum of subsidy authorized by application of the 7° and 8° of the I of Article R. 321-12.
      If this condition is met, and if there is no change in the prior notice it has issued, it shall notify individual decisions and the decision to the co-owners' union under the conditions of common law.
      Otherwise, the application is forwarded to the HLOC for prior notice on the conditions of a new subsidy calculation. The agency's delegate in the department or the delegate then decides on the allocation of aids and notifies individual decisions and the decision to the union of co-owners under the conditions of common law;
      4° Individual requests from co-owners for such work shall be received under Articles 1 and 2 of these Regulations.
      Individual applications filed after notification of the co-owners' union's aid decision and which would not have been taken into account beforehand in calculating the amount of union assistance are inadmissible;
      5° Except in the event of further work within the meaning of Article 3 of these Regulations, the maximum of the aid notified to the union is final; in the event of renunciation, one or more co-owners for the benefit of the individual assistance granted for the same work, the recalculation of the subsidy on this new basis shall not be carried out;
      6° The co-owners who benefit from the supplementary individual assistance granted to the union shall remain subject to the conditions of engagement and occupancy of the housing specified in section R. 321-20 of the CCH and to the 15 of these Regulations.
      V. - The allocation of a grant to a co-owner's union may be conditioned on the implementation of accounting and financial means enabling the allocation of subsidies to the exclusive benefit of the subsidized work, namely the opening of a specific bank account for work. To do this, the agency's board of directors:


      - determine the thresholds beyond which this condition will be made mandatory;
      - provides for cases where a separate account established on behalf of the co-owners' union may be sufficient.


      In cases where a specific bank account for work is mandatory, the opening of such an account is a constitutive part of the grant application file.
      A subsidy advance under section R. 321-18 of the CCH and 18 bis of these Regulations may not be made available if the union does not have a specific bank account for the work.


      Article 15-I
      HLM organizations and mixed economy companies having acquired housing for their improvement and resale in condominiums under a backup plan (11° of I of Article R. 321-12)


      Following the advice of the CLAH, the agency's delegate in the department or the delegate may include the use of exemptions from the rules of use set out in section R. 321-20 of the CCH and section 15 of these Regulations when the safeguard plan has provided for them or when a convention has been concluded with the recipient indicating the general strategy implemented on co-ownership, the objectives pursued and the means pursued.
      Temporary rental may be permitted under the conditions provided for in the building and housing code.


      Article 15-J
      Public development institutions mentioned in thearticle L. 321-1 of the urban planning code for the improvement of housing acquired under a coordinated land and property intervention (10° I of Article R. 321-12)


      For organizations referred to in 10° of the I of Article R. 321-12 of the CCH, the agency's delegate in the department or the delegate, after notice of the CLAH, may include the assistance of derogations from the rules of use provided for in Article R. 321-20 of the CCH and Article 15 of this Regulation on the basis of the approved property and land use arrangement and a protocol between


      Article 16
      Terms of justification for compliance with commitments and changes in occupancy or use of housing (R. 321-20)


      During the period of occupancy of the subsidized premises, the grantee must be able to justify that the housing subject to the subsidy is regularly occupied and that the commitments entered into are met, in particular in the case of a control under the provisions of section 17 of these Regulations.
      In accordance with the provisions of section R. 321-20 of the CCH, the recipient of the grant or, where applicable, his or her eligible persons must report, within two months of the occurrence, to the agency's delegate in the department or to the delegate, any change in occupation, use of the dwellings or any transfer of ownership occurring during the period referred to in section 15 of this Regulation.


      Article 17
      Monitoring


      The mention of being subject to the control of the agency or the delegate and the conditions of communication of supporting documents and documents are the subject of a specific undertaking signed by the aid recipient


      Article 17-A
      Part control


      The director general of the agency, the agency's delegate in the department or the delegate may apply to the recipient of the grant or to his or her agent for the communication of leases in progress, quitts or any other evidence that warrant the occupation or use of the housing in accordance with the commitments it has entered into.
      When, after payment of the balance of the grant, the agency's delegate in the department or the delegate is aware of elements indicating non-compliance by the recipient of the grant, he or she informs the director general of the agency, if any, by transmitting the relevant elements available to him or her.


      Article 17-B
      On-site monitoring


      The agency's delegate in the department or the delegate may conduct or conduct any on-site control for the instruction of grant applications, the verification of the performance of work or compliance with regulatory obligations and, where appropriate, conventional.
      Officers responsible for conducting on-site controls are designated, as appropriate, by the agency delegate in the department or by the delegate.
      The recipient of the grant, or its agent, is notified beforehand of the control of the property or subsidized housing. He agrees to access and visit the premises, following a schedule agreed in advance with the supervisory officer and, if applicable, with the housing occupant.
      When the visit identifies non-compliance with regulatory or treaty obligations, a report is prepared that specifies the date and place of control and describes the findings. The report is signed by the officer who carried out the control, and then sent, by registered mail with acknowledgement of receipt, to the recipient of the grant or to the agent's representative, who may make representations.
      In the event of an intrusion to the enforcement of on-site control, the documents highlighting the deficiency of the grant recipient, or its agent, are placed on file. They may be mentioned in the reasons for a possible decision to reject, withdraw, reverse, refund or sanction.


      F. - Payment of subsidy (production of supporting documents, liquidation and payment of grants)


      Article 18
      Payment requests


      Any request for payment, whether in advance, deposit or balance, must be made by the recipient of the assistance or his or her agent to the agency delegate in the department or the delegate in support of a specific form accompanied by the supporting documents listed in the annex.


      Article 18 bis
      Subsidy Advance (R. 321-18)


      I. - An advance may be made in payment by the agency's delegate in the department, or by the delegate for the share of the credits delegated by the NAAH and when the agreement entered into pursuant to Article L. 321-1-1 provides that it is also in charge of the payment of NAAH aids.
      This advance is paid pursuant to section R. 321-18 of the CCH and under the conditions of section 18 of this CGA to:
      1° Owners occupying and assimilated within the meaning of 2° and 3° of I of Article R. 321-12, within the limit of 70% of the forecast amount of the subsidy;
      2° Unions of co-owners defined at 7° I of Article R. 321-12, within 40% of the forecast amount of the subsidy.
      II. - The request for advance, addressed prior to the commencement of work to the agency's delegate in the department or to the delegate, shall include the commitments dated and signed by the recipient relating to the commencement of work and the reimbursement of all amounts paid in the event of non-compliance, if any, extended, or any other regulatory obligations related to the benefit of that advance.
      In order to be admissible, the application shall be accompanied by the documents annexed to this RGA, including:


      - in all cases, at least one company quotation participating in the completion of the subsidized work, dated and signed by the company and by the recipient or agent and mentioning an application for deposit upon acceptance of the quotation or for start-up of the work;
      - in respect of the beneficiaries mentioned in 2° above, a certificate from the trustee informing the start of the work within a maximum of three months.


      For the beneficiaries mentioned in 2° above, the advance payment is conditioned on the implementation of accounting and financial means allowing the allocation of grants to the exclusive benefit of the subsidized work (specific bank account works), under the conditions set out in Article 15-H V of these Regulations and by the Board of Directors.
      The agency's delegate in the department or the delegate may request the production of any certificates provided by the company, or the agency responsible for the management of work or animation monitoring missions in the context of a scheduled operation, allowing for the verification of the merits of the request in advance. The payment of an advance may be refused if the agency's delegate in the department or the delegate delegates deems insufficient evidence given.
      III. - The maximum amount that can be paid in advance shall be determined by the Board of Directors.
      IV. - This provision applies to grants granted on or after January 1, 2009, which have not yet been deposited and up to a date specified by deliberation of the board of directors.


      Article 19
      Payments (R. 321-18)


      Advance payments may be made by the agency's delegate in the department or by the delegate, for the portion of the credits delegated by the NAAH and when the agreement entered into pursuant to Article L. 321-1-1 provides that it is also in charge of the payment of the NAAH aids, as the project progresses, without the advance of the subsidy of 70%.
      The amount of the deposit or successive deposits is calculated on the basis of the progress of the project within the limits and conditions specified below.
      The progress of the project and the completion of the work are justified by the presentation of invoices.
      Payments take into account, where applicable, the amount of the advance on subsidy and the prior advance payments.
      The rates and thresholds for deposits with a maximum of 3 are determined by the board of directors which provides a date of entry into force of the plan applicable to deposits.


      Article 19 bis
      Appropriate powers of attorney for the collection of funds


      An agent may be designated by the grantee to collect the funds. This designation is mandatory when the property is shared between several persons who do not have a common bank account.
      If the grantee is a proxy to receive the grant, a proxy must be established in the following cases:


      - for grants of less than or equal to 5,300 €, irrespective of the type of beneficiary, a private seing power will be requested;
      - for grants greater than 5,300 €, a notarial power of attorney will be requested except for the beneficiaries referred to in 2° and 3° of I of Article R. 321-12 of the CCH who will have to produce a private power of attorney.


      No proxy will be required in the presence of a valid management mandate from the recipient to a real estate management professional within the framework of the Act No. 70-10 of 2 January 1970 says Hoguet Law, regardless of the amount of the grant and whether the management mandate corresponds to the subsidized building.


      Rule 20
      Liquidation and payment of the grant balance


      The receipt of the request for payment by the agency's delegate in the department or the delegate in case of delegation of jurisdiction is a declaration of completion of the transaction.
      The agency delegate in the department, having reviewed and verified the documents and documents produced, liquidates the amount of the subsidy to be paid and establishes for the benefit of the recipient an order of payment to be forwarded to the accounting officer, deducting, if any, the advance already paid and the advances already paid.
      The agency delegate in the department certifies and certifies the accuracy of the items retained for this liquidation:


      - the identity and quality of the recipient;
      - the regularity and conformity of invoices produced or other documents produced in Schedule 1 with the project, subject to the attributive subsidy decision;
      - the nature and amount of the work being retained in respect of these invoices;
      - the presentation of documents justifying the occupancy of housing and, possibly, those relating to specific occupancy commitments, and, where appropriate, the validity of the mandate submitted by the designated agent to collect funds.


      If the management agreement provides that the instruction and payment is the responsibility of the delegate, the corresponding transactions shall be carried out under his or her responsibility and the payment by the accredited accountant.


      G. - Other decisions (return, reverse, refund, sanction)
      Article 21
      Disposition and repayment of the grant (R. 321-21)


      In the event of non-compliance with the NAAH aid requirements (Articles R. 321-12 to R. 321-21 of the CCH, Conventional Commitments, these General Regulations...), the grant decision will be withdrawn and all or part of the amounts collected shall be set aside, pursuant to Article I R. 321-21 of the CCH and in the conditions specified in this Article.
      1° When issued prior to the payment of the grant balance, withdrawal and repayment decisions are made:


      - for the territories concerned by a management agreement under Article L. 321-1-1 of the CCH, in its jurisdiction, by the delegate pursuant to Article R. 321-10-1 of the CCH;
      - for territories outside delegation of jurisdiction, by the agency's delegate in the department pursuant to the c of 4° of II of article R. 321-11 of the CCH.


      With the exception of these provisions, the withdrawal or repayment decisions are made:


      - by the delegate who awarded the grant when, in the territory concerned, another delegate or agency delegate in the department has since become competent to allocate the grants;
      - by the agency's delegate in the department, where, on the territory concerned, a delegate has since substituted for the agency's delegate in the department, or the Habitat Improvement Commission, as the competent authority to allocate the grants;


      2° When they are pronounced after the payment of the balance of the grant, the withdrawal and repayment decisions are made by the Director General of the agency;
      3° The withdrawal and reverse decisions are made after notice:


      - for the territories concerned by a management agreement provided for in Article L. 321-1-1 of the CCH, of the CLAH referred to in II of Article R. 321-10 of the CCH;
      - for territories outside jurisdiction, of the CLAH referred to in I of Article R. 321-10 of the CCH.


      Prerequisitely to any decision to withdraw or reverse, a letter is sent to the interested person to inform him of the implementation of the procedure and to invite him to submit his observations within a time limit that he or she may not exceed two months. This provision may not be applied in the event that an adversarial procedure has already been implemented, where the deadlines required in 2° of I and II of Article 14 of these Regulations are exceeded and are no longer prorogable, and that the withdrawal or repayment procedure is due to the invalidity of the award decision.
      The decision to withdraw or reverse is notified to the applicant by registered letter with acknowledgement of receipt.
      There is a waiver in the event of a change in the following cases:
      (a) When the transfer results from an expropriation or exercise of a right of pre-emption, a decision to reverse cannot be pronounced;
      (b) On an exceptional basis, where the purchaser is a legal person entering one of the categories mentioned in article R. 321-13 of the CCH, the repayment of the grant may not be pronounced if a manifest economic motive justifies it and if the housing concerned retains a social vocation for the remaining duration of the initial commitments;
      (c) With respect to beneficiaries referred to in I (1°) and II of Article R. 321-12 of the CCH (owners or operators who give to lease), a decision of repayment may be made unless the acquirers, heirs or assignees expressly justify the fulfilment of all the regulatory commitments set out in sections R. 321-12 to R. 321-22 of the CCH as well as, where appropriate, of the contractual obligations signed by CCH
      (d) Concerning the occupancy beneficiaries and owners mentioned in I (2° and 3°) of article R. 321-12 of the CCH:


      - in the event of the sale of subsidized housing, the reverse may be pronounced unless the purchasers expressly justify the compliance with all of the regulatory occupancy commitments set out in section R. 321-20 of the CCH and meet the resource requirements set out in section R. 321-12;
      - in the event of the death of the grantee, a repayment decision cannot be made against the heirs.


      In the event of the resumption of regulatory or treaty commitments, buyers or heirs sign a specific form made available to them by the agency.


      Article 21 bis
      Refund of advance on grant


      I. - Reimbursement of the advance without withdrawal of the grant.
      Reimbursement of the advance shall be payable by law if the work has not commenced within the time limits set out in 1° of I of Article 14 of this Regulation, which may be extended.
      The recovery of the due amounts is carried out according to the rules applicable to the organization or community that has insured the advance payment.
      The decision to refund the advance is made by the agency's delegate in the department or by the delegate, for the portion of the credits delegated by the NAAH and when the agreement entered into pursuant to Article L. 321-1-1 provides that it is also in charge of the payment of the NAAH aids.
      Prior to the decision, a mail is sent to the grantee to inform him of the implementation of the procedure and to invite him to submit his comments within a period that may not exceed one month.
      The advance refund decision is notified to the recipient by registered letter with acknowledgement of receipt.
      The amount of the refund corresponds to the total amount of the advance paid: no increase is applied to it.
      A decision to repay the advance does not prejudge the subsequent implementation of a decision to withdraw or reverse.
      II. - Reimbursement of the advance following the withdrawal of the grant.
      In the event of a decision to withdraw a grant that has been the subject of an advance under section R. 321-18 of the CCH, the refund of the advance is made under the same conditions as in section 21 above. No exemption from reimbursement may be granted other than in the cases provided for in that same article. The provisions of section 22 of these Regulations are not applicable to the reimbursement of advances, except for the provision relating to legal interests.


      Article 22
      Calculation of reverse


      In the event that the subsidy is paid pursuant to section R. 321-21 of the CCH, the contribution to be paid is calculated taking into account the length of time during which the regulatory provisions and, where applicable, the commitments made have been met; this provision is not applicable in the event of payment of advances referred to in section R. 321-18 of the CCH.
      The amount of money to be paid is established pro rata temporis on the duration of the remaining commitments from the date of their termination. The grids for the calculation of the payments according to the de-ressivity factors are set out in the annex to this Regulation.
      The amount of money to be paid is increased by application of a coefficient representing the variation, between the date of the last payment and the date of the decision to pay, of the Rent Reference Index referred to in theArticle 17 of Act No. 89-462 of 6 July 1989 to improve rental relationships. The indices taken into account are those in the third quarter of the year prior to the reference dates, as calculated by INSEE.
      The amounts are to be paid to the accounting officer of the NAAH or, where applicable, to the community or to the delegate public institution within two months of the notification of the repayment decision. In the absence of payment within the specified time limits, debtors may be applied the legal interests provided by theArticle 1153 of the Civil Code.


      Article 23
      Sanctions


      When the agency's delegate in the department or the delegate is aware of a false statement or fraudulent maneuver, he informs the director general of the agency.
      Pursuant to Article R. 321-5, Article R. 321-7, and Article R. 321-21 of the CCH, the penalty power provided for in Article L. 321-2 of the CCH shall be exercised by the board of directors or, by delegation, the director general of the agency, against the beneficiaries of the aids or their fraudulent agents, in particular in the event of a false declaration. It is exercised under the same conditions against the signatories of a convention provided for in Articles L. 321-4 or L. 321-8 which contravened the rules or conventions entered into.
      The sanctioning authority may, for a maximum of five years, refuse a new request for assistance from the same recipient or agent. It may also impose monetary penalties, the amount set out in a scale annexed to these Regulations, taking into account the seriousness of the facts and the financial situation of the person or body concerned.
      The Board of Directors or the Director General shall address the appeals board referred to in section R. 321-6-3 of the CCH, for preliminary consideration, the application for a penalty together with the proposed notification of grievances.
      As chair of the Board of Appeal, the Director General shall notify the person concerned by registered letter with acknowledgement of receipt. The letter invites him to submit written comments within one month of the day after the notification. He refers to the ability of the person concerned to request, within the same period, oral comments to the appeals board, under the conditions set out in article R. 321-21 of the CCH. In the event that a pecuniary penalty is considered, the person concerned is advised that the financial situation will only be taken into account in the event that the person transmits the necessary evidence.
      Comments and requests for hearings made after the end of the period are not taken into consideration, on the understanding that the deadline is being determined:
      - for mailings, the stamp of the post;
      - for e-mail shipments, the date on the acknowledgement of receipt or, if any, on the acknowledgement of registration, under the conditions specified by the I of section 5 of Order No. 2005-1516 of 8 December 2005 on electronic exchanges between users and administrative authorities.
      At the end of the adversarial procedure, if any, after the presentation of his or her oral comments by the person concerned or his or her representative, the appeals board shall, for opinion, decide on the sanction envisaged.
      The sanctioning authority shall notify its decision by registered letter with acknowledgment of receipt, specifying the avenues and time limits of appeal.
      For the operations referred to in Article R. 321-12 of the CCH, Article III, IV and V, the notice of the Appeals Board is not required at any time in the pre-appeal proceedings. In this case, the Director General shall make a direct notification of grievances, if any on the instruction of the Board of Directors. If the person in question asks to make oral representations, the person shall be heard by the sanctioning authority.

    • Chapter III: Processing a grant application for an engineering benefit


      Article 24
      Subsidy engineering benefits (R. 321-16)


      In accordance with section R. 321-16 of the CCH, the expenses that may result in a subsidy under this chapter are those related to the conduct of diagnostics, studies or any provision that contributes to the preparation, implementation, monitoring and evaluation of operations that the NAAH can fund.
      In this context, the board of directors specifies by deliberation the expenses that may result in subsidy.
      Grantable benefits can be realized:


      - either by an external operator distinct from the owner of the grant;
      - is governed by the owner of the grant.


      When the program engineering benefits are carried out in a regulated manner, a grant may be granted if the necessary means are collected within a dedicated and clearly identified structure. Only the additional means specially established to conduct the benefits and corresponding to the remuneration of contractual personnel assigned specifically for this purpose are taken into account. The remuneration of territorial officials is always excluded from the operating expenses.


      Rule 25
      Engineering Grant Recipients (R. 321-12 [9°])


      The beneficiaries of engineering grants are the masters of the benefits described above, natural or legal persons, public or private, in accordance withArticle R. 321-16 of the Construction and Housing Code.


      Rule 26
      Constitution and filing of application


      The owner shall, first of all, apply for a grant to the agency's delegate in the department or to the delegate.
      The application shall be in the form of a letter dated and signed, together with a record containing the information and documents listed in the Appendix to these General Regulations. Adaptations can be implemented in case of teleprocedure.
      Upon receipt of the request, a receipt shall be issued without delay by the department in charge of the instruction.
      The recipient includes the following:


      - the date of receipt of the grant application;
      - the designation, mailing address and, if applicable, electronic as well as the telephone number of the file-loading service;
      - the information that only an express decision to grant a grant commits the agency on a legal and financial basis;
      - the principle that any application that did not result in the notification of a decision within four months of the date of receipt of the grant application is deemed to be rejected;
      - deadlines and remedies for implicit rejection of the application.


      Rule 27
      Authorization to start the operation


      The application for a grant, the master of work may begin the operation except in the case of follow-up and animation where the beginning is subordinated:


      - on the one hand, either at the signing of the grant award decision or at an express authorization;
      - on the other hand, to the finalization, after notice of the CLAH, of the program convention.


      Rule 28
      Consideration of the application


      The application instruction is conducted by the agency's delegate in the department or the delegate.
      To be deemed complete, a record must include the elements referred to in the second paragraph of section 26 of these Regulations. During the course of the instruction, the service in charge of the case may require the production of additional parts, where they are essential to the processing of the case. In this case, the file will only be deemed complete upon receipt of the requested parts.
      Where the file is not deemed to be complete, the person in charge of the instruction of the file requests the person requesting the grant or the agent to send the additional documents to the applicant by specifying the date on which, if the requested documents are not received, the application may be filed without further action. In the event of a request for additional parts, the period from which, if not expressly decided, the application for a grant is deemed to be rejected shall be limited to the date of receipt of the documents within the required time limit.
      If the documents have not been produced within the specified time limit, the agency's delegate in the department or the delegator shall notify the applicant of the filing without further action by informing him of the remedies available to him.


      Rule 29
      Decision to grant or reject the grant application


      The agency's delegate in the department or delegate shall rule on applications for grants in accordance with sections L. 321-1 and R. 321-12 and following of the CCH, these Regulations and deliberations of the Board of Directors.
      The grant award decision states:


      - the characteristics and cost of the operation, the rate and the amount of the aid;
      - the maximum period of commencement of operation;
      - the time fixed to justify the completion of the operation;
      - payment modalities;
      - the provisions relating to its possible reversal.


      The grant is allocated once, except in the case of follow-up and animation, for which it is granted by annual instalments. An award decision is then made annually on the basis of the initial application file for the first year and the funding plan for the year under review for each of the following years.
      In the event of a specific rejection of the application, the decision, which mentions the avenues and time limits of appeal, is notified by a single letter to the applicant.
      Any request that has not given rise to the notification of a decision within four months of the date of receipt of the application or, where appropriate, the receipt, within the required time, of the additional documents requested under the provisions of section 28 of these Regulations.


      Article 29 bis
      Start and completion time (R. 321-19)


      The grant decision becomes null and void when:


      - the operation did not begin to be carried out within one year of notification of the attributive decision of subsidy;
      - the completion of the transaction was not justified by a request for payment addressed by the recipient within the time limit set out in the attributive subsidy decision based on the characteristics of the transaction. Exceptionally, on a reasoned request from the recipient of the grant formulated prior to the completion period, a maximum one-year extension may be granted by the agency delegate in the department or delegate.


      Rule 30
      Maximum amount of public assistance


      The total grant allocated must be calculated so that at least 20% of the expenditure remains at the expense of the owner. However, the total amount of public aid can reach 100% of the overall cost of the operation for backup plans, for pre-release studies that contribute to the definition of projects for improvement or humanization of accommodation structures, as well as, on explicit derogation from the board of directors, for operations resulting from a natural or technological disaster situation identified by the administrative authority or on the occasion of specific devices implemented in the context of the inadequacy


      Rule 31
      Deposit payment request


      A deposit may be paid based on the progress of the transaction under the conditions defined by the Board of Directors. It cannot exceed 70% of the forecast amount of the grant.
      The deposit request must be accompanied by the corresponding invoices to assess the progress of the transaction.


      Rule 32
      Application for payment and production of evidence


      The grant is paid at the end of the completion of the transaction or, for follow-up and animations, at the end of each annual period corresponding to a grant award decision.
      The recipient of the grant shall apply to the agency's delegate in the department or to the delegate for payment with the documents listed in the Appendix to these Regulations.
      The agency's delegate in the liquid department the amount of the amount to be paid and establishes the order of payment, valant service certificate made.
      If the management agreement provides that the instruction and payment is the responsibility of the delegate, the corresponding transactions shall be carried out under his or her responsibility and the payment by the accredited accountant.


      Article 32 bis
      Disposition and repayment of the grant


      In the event of non-compliance with the NAAH aid requirements (sections R. 321-12 to R. 321-21 of the CCH, these general rules, deliberation of the board of directors, commitments contained in the program agreement...), the grant decision shall be withdrawn and all or part of the subsidy received shall be surrendered, pursuant to Article I R. 321-21 of the CCH and under the conditions specified in this section.
      The provisions of 1°, 2° and 3° of section 21 of this Regulation shall apply to decisions for the withdrawal and repayment of grants awarded under this chapter.
      Prerequisitely to any decision to withdraw or reverse, a letter is sent to the interested person to inform him of the implementation of the procedure and to invite him to submit his observations within a time limit that he or she may not exceed two months. This provision may not be applied in the event that an adversarial procedure has already been implemented, where the deadlines required in section 29 bis of these Regulations are exceeded and are no longer prorogable and the withdrawal or repayment procedure is the result of the disqualification of the award decision.
      The decision to withdraw or reverse is notified to the applicant by registered letter with acknowledgement of receipt.
      The third and fourth paragraphs of section 22 of these Regulations are applicable to the implementation of the decisions to disburse grants under this chapter.

    • Chapter IV: Processing of a grant application for the improvement or humanization of accommodation structures referred to in Article III R. 321-12


      Pursuant to section III R. 321-12 of the CCH, the agency may grant assistance to the owners or managers of the accommodation facilities referred to in the CCH. 8° of Article L. 312-1 of the Code of Social Action and Families ensuring or not the day-to-day reception, or the "health-care beds" referred to in the 9th of the same article, accommodation facilities for homeless persons referred to in Article L. 322-1 of the same code and being the subject of a convention with the State or a territorial community to carry out improvement and humanization work.
      These projects are defined as projects of total or partial rehabilitation, norm-setting or transformation of existing structures, on a site already dedicated to the hosting function.
      The Agency's terms and conditions of intervention are specified in this chapter.


      Rule 33
      Subsidy expenses


      Expenses that may be subject to funding under this chapter are determined by the Board of Directors. These include work, diagnostics that contribute to their realization, work-control and mastery missions for this work. Pre-study expenditures that contribute to project definition are subsidized. They may be subject to grant applications irrespective of the application for a work subsidy under the conditions of Chapter III of these Regulations.
      It may be required, in accordance with the cases and conditions established by the Board of Directors, to respect a specific terms of reference relating to the characteristics that the structures funded must meet after work.
      Excludes subsidable expenses:
      1. Urban and social mastery missions to support the implementation of projects, which may also be financed;
      2. Current maintenance work;
      3. Work on temporary structures except, where necessary, to allow a temporary loosening necessary for the construction of the work, in premises that are not intended to maintain a permanent use of housing or social housing, provided that the cost of the work is acceptable for the duration of the occupation;
      4. Construction or reconstruction works, acquisition or eviction expenses, building of spaces. In order to contribute to the objective of maintaining the capacity of accommodation, only limited extensions may be allowed on sites already for use of accommodation, as part of the rehabilitation operation.
      In the case of an operation that partly involves rehabilitation and part of the creation of new building spaces or acquisition-rehabilitation, only humanization work that meets the criteria defined in this section will be eligible for an agency grant.
      Work shall be carried out by enterprises under the same conditions as those set out in section 13 of these Regulations.


      Rule 34
      Eligible recipients and accommodation structures


      I. - Can benefit from humanization funds grants to the owners of the building or non-proprietary managers holding a lease or real real property right justified by the copy of the corresponding title.
      II. - The above-mentioned beneficiaries who may be subsidized as owners of these operations are:
      1. Social housing organizations, mixed economic societies (EMS);
      2. Local authorities or their groups and public institutions, including community or intercommunal social action centres (CCAS or CIAS);
      3. Organizations (associations, social economic union...) working in the field of accommodation;
      4. On an exceptional basis and for work of limited scope to €100,000 ATI, a manager who is not the owner of the structure may benefit from the grant, subject to a legal act authorizing him to carry out this work (bail or convention specifying work responsibilities). In this case, the residual duration of the contract between the owner and the manager must be greater than or equal to the duration of the grantee's commitment to maintain the hosting function.
      III. - Eligible projects and accommodation structures are:
      1. Security or humanization operations of all types of accommodation structures, whether emergency, stabilization or insertion, with or without status as a shelter and social reintegration (CHRS);
      2. Social hotels and beds stop health care;
      3. As an exception, projects to improve day-care centres participating in the accommodation offer.


      Rule 35
      Form of application


      The request is made by the owner or his agent. It shall take the form of a letter dated and signed, together with a record containing the information and documents listed in the Appendix to these General Regulations.
      Upon receipt of the request, a receipt shall be issued without delay by the department in charge of the instruction.
      The recipient includes the following:


      - the date of receipt of the grant application;
      - the designation, mailing address and, if applicable, electronic as well as the telephone number of the file-loading service;
      - the information that only an express decision to grant a grant commits the agency on a legal and financial basis;
      - the principle that any application that did not result in the notification of a decision within four months of the date of receipt of the grant application is deemed to be rejected;
      - deadlines and remedies for implicit rejection of the application.


      The terms and conditions for filing the application and registration are specified by an instruction of the Director General of the agency.
      A master's degree mission carried out by a professional master of work, including an architect or an architect in architecture, may be required for certain types of work or operations determined by the board of directors because of their amount or complexity.


      Rule 36
      Operation start


      Except as duly justified, no grant may be awarded as long as there has been the commencement of the operation before the file is deemed complete within the meaning of section 37 of these Regulations.
      To allow the start of the operation, a letter from the agency delegate in the department informs the applicant that the file is considered complete. This mail does not prejudge the grant award decision.


      Rule 37
      Consideration of the application


      The application for a grant is instructed under the conditions established by an instruction of the Director General of the agency.
      To be deemed complete, a record must include the elements referred to in the first paragraph of section 35 of these Regulations. During the course of the instruction, the service in charge of the case may require the production of additional parts, where they are essential to the processing of the case. In this case, the file will only be deemed complete upon receipt of the requested parts.
      Where the file is not deemed to be complete, the person in charge of the instruction of the file requests the person requesting the grant or the agent to send the additional documents to the applicant by specifying the date on which, if the requested documents are not received, the application may be filed without further action. In the event of a request for additional parts, the period from which, if not expressly decided, the application for a grant is deemed to be rejected shall be limited to the date of receipt of the documents within the required time limit.
      If the documents have not been produced within the specified time limit, the agency delegate in the department shall notify the applicant of the filing without further action by informing him of the remedies available to him.


      Rule 38
      Decision to grant or reject the grant application


      The decision shall be taken by the agency's delegate in the department, in accordance with the terms and conditions set out in these Regulations and by deliberation of the board of directors.
      The attributive decision of the aid takes the form of an agreement concluded between the legal entity owner, represented by an authorized person, and the agency's delegate in the department.
      Each operation on an identified location must be the subject of a convention, based on a model developed by the NAAH Director General.
      The notification, to the beneficiary designated in section 34 of these Regulations, of the agreement previously co-signed by the parties concerned shall be a grant.
      1° In the case of a work grant, this agreement must include a minimum:


      - the name of the beneficiary;
      - the location of the building concerned by the work;
      - the nature of subsidized work;
      - the cost of the transaction, the amount included in the subsidy expenses, the subsidy rate and the amount
      - maximum aid;
      - the maximum period of commencement of operation;
      - the forecast schedule of completion of the operation and the maximum completion time of the operation;
      - the number of rooms per room type (individuals, doubles, if applicable, number of places);
      - the commitment time to maintain the hosting function of the structure;
      - payment modalities;
      - the modalities of follow-up;
      - causes of withdrawal, reduction or repayment of the grant;


      2° In the case of a grant that deals solely with studies, this agreement must mention a minimum:


      - the name of the beneficiary;
      - the location of the building concerned by the study;
      - the forecast cost of the subsidy study, the rate of subsidy and the maximum amount of assistance;
      - the maximum period of commencement of operation;
      - the forecast schedule for completion of the study and the maximum time limit for completion;
      - payment modalities;
      - the modalities of follow-up;
      - causes of withdrawal, reduction or repayment of the grant;


      3° In all cases, a summary calculation sheet shall be annexed to the convention.
      In the case of a refusal to grant the grant, the grant is notified as soon as possible to the owner. The reason for refusal is specified and the mail contains the deadlines and remedies.
      Any request that has not given rise to the notification of a decision within four months of the date of receipt of the application or, where appropriate, the receipt, within the required time, of the additional documents requested under the provisions of section 37 of these Regulations.


      Rule 39
      Determination of the amount of the grant


      The Board of Directors sets out the methods for calculating the amount of the grant.


      Rule 40
      Ceremony of the grant


      The amount of subsidy paid by the agency may not have the effect of bringing the amount of public aid to more than 100% of the overall cost of the transaction.


      Rule 41
      Delays of commencement of work


      The deadlines for the beginning of work funded under humanization projects are those fixed by theArticle 11 of Decree No. 99-1060 of 16 December 1999 relating to State subsidies for investment projects.


      Rule 42
      Deadline for work


      The deadline for the completion of work funded under humanization projects is that set by theArticle 12 of Decree No. 99-1060 of 16 December 1999 relating to State subsidies for investment projects.


      Rule 43
      Advance payment request


      Pursuant to section R. 321-18 of the CCH, an advance of 40% of the anticipated amount of the grant may be paid for the start of the work, upon express request of the owner, upon notification of the grant attribute agreement and upon presentation of a signed order of service providing for the start of work within a maximum of three months.
      The maximum amount that can be paid in advance is determined by the Board of Directors.
      The maintenance of the benefit of this advance is conditioned on the effective start of the work within six months after the date of notification of the grant attribute agreement. A postponement of the start-up period, which may not exceed six additional months, may be granted by the agency's delegate in the department, upon express request from the contractor justifying delay by the failure of the company for which an order of service has been signed or by any other motive outside of its will.
      After these deadlines, the refund of the advance will be required.
      The request for advance, addressed prior to the commencement of work to the agency's delegate in the department, must include the commitments dated and signed by the recipient relating to the commencement of work and the reimbursement of all amounts paid in the event of non-compliance, if any extended, or any other regulatory obligations related to the benefit of that advance.
      This provision applies to grants granted on or after January 1, 2009, which have not yet been deposited and up to a date specified by deliberation of the board of directors.


      Rule 44
      Deposit payment request


      Advance payments may be made as the project progresses, without exceeding 70% of the forecast amount of the grant, deducting, if any, from the advance previously paid, under the conditions defined by the Board of Directors' deliberation.
      The amount of the deposit or successive deposits is calculated on the basis of the progress of the project within the limits and conditions specified below.
      When an advance has already been paid, there can be no deposit if the amount of the advance is greater than the amount of the deposit requested.
      Payments take into account the amount of the grant advance granted and the advance payments previously paid, if any, to the amount paid in that respect.
      The progress of the project, i.e. the completion of the work, must be justified by the presentation of invoices.
      The rate of the deposit(s), the number of deposits and the applicable thresholds are fixed by the board of directors. This deliberation provides for an effective date of the deposit plan.


      Rule 45
      Application for payment and production of evidence


      The request for payment of the balance shall be submitted by the beneficiary accompanied by all works invoices or, where applicable, related studies.
      End-of-work justifications will have to establish that they have been executed within the time limit provided for in the grant agreement.
      The liquidation of the balance of the grant shall be effected by the agency's delegate in the department within the limits of the initial commitment and in accordance with the same calculation rules, deducted, if any, from the advance and advance payments.
      The agency delegate in the liquid department the amount of the amount to be paid and establishes the order of payment worth the service certificate made.


      Rule 46
      Maintenance time in the hosting function


      The attributive grant agreement indicates the length of time during which the owner of the operation undertakes to maintain, after work, the destination of accommodation in the building benefiting from the subsidy. The minimum duration shall be determined by the board of directors, which may provide that the duration may vary depending, in particular, on the amount of assistance granted.
      The duration of the commitment in the attributive agreement will be determined by the agency's delegate in the department in view of the importance of the grant, the economic balance of the operation and the magnitude of the accommodation needs in the area.


      Rule 47
      Disposition and repayment of the grant


      In the event of non-compliance with the NAAH aid requirements set out in this chapter and the commitments of the grant agreement, withdrawal and repayment decisions against beneficiaries are taken by the agency delegate in the department. The notice of CLAH is not required.
      Prerequisitely to any decision to withdraw or reverse, a letter is sent to the interested person to inform him of the implementation of the procedure and to invite him to submit his observations within a time limit that he or she may not exceed two months. This provision may not be applied in the event that an adversarial procedure has already been implemented, where the deadlines required under sections 41 and 42 of these Regulations are exceeded and are no longer prorogable and the withdrawal or repayment procedure is the result of the disqualification of the award decision.
      The decision is notified to the recipient by registered letter with acknowledgement of receipt.
      The reverse is about the total amount collected. The provisions of the third paragraph of Article 22 of these Regulations are applicable to the decisions to disburse the grants awarded under this chapter.
      Payment is made to the NAAH accounting agency within two months of notification of the reverse decision.
      In the absence of payment within the specified time limits, debtors may be applied the legal interests provided by theArticle 1153 of the Civil Code.


      Rule 48
      Refund of advance on grant


      I. - Refund of the advance without withdrawal of the grant.
      Reimbursement of the advance shall be payable in full if the work has not commenced within the specified time limits referred to in section 43 of these Regulations, which may be extended.
      The decision to refund the advance is made by the agency's delegate in the department.
      Prior to the decision, a mail is sent to the grantee to inform him of the implementation of the procedure and to invite him to submit his comments within a period that may not exceed one month.
      The advance refund decision is notified to the recipient by registered letter with acknowledgement of receipt.
      The amount of the refund corresponds to the total amount of the advance paid: no increase is applied to it.
      A decision to repay the advance does not prejudge the subsequent implementation of a decision to withdraw or reverse.
      II. - Reimbursement of the advance following the withdrawal of the grant.
      In the event of a decision to withdraw a grant that has been the subject of an advance under section R. 321-18 of the CCH, the refund of the advance is made under the same conditions as in section 47 above. The increase provided for in the third paragraph of section 22 is not applicable to an advance repayment decision.


      Rule 49
      Sanctions


      The penalties provided for in Article L. 321-2 may be imposed against the beneficiaries of the aid provided under this chapter under the conditions set out in Article 23 of these Regulations.

    • Chapter V: Processing of a grant application for the financing of the resorption of irremediable or hazardous unhealthy habitat (RHI) and the treatment of remediable or hazardous unhealthy habitat and property restoration operations (THIRORI)


      Pursuant to the IV and V of Article R. 321-12 of the CCH, the agency may grant assistance for the conduct of operations:
      1. De résorption de l'habitat insalubre irremédiable ou dangereux, figurant à l'article L. 522-1, alinéa 2, du CCH : opérations visées au IV de l'article R. 321-12 du CCH.
      2. In relation to the unhealthy buildings referred to in Article L. 522-1, paragraph 1, of the CCH "deletion of slums": operations referred to in 2° of the V of Article R. 321-12 of the CCH.
      3. Public acquisitions as part of real estate restoration operations mentioned in theArticle L. 313-4 of the urban planning code : operations referred to in 1° of Article R. 321-12 of the CCH (Real Estate Restoration Operation [ORI]).
      4. Treatment of remediable or hazardous unhealthy habitat provided for in articles R. 523-1 et seq. of the CCH; operations referred to in 2° of the V of Article R. 321-12 of the CCH including: buildings subject to remedial security order provided for in the II of Article L. 1331-28 of the Public Health Code (CSP), an order of danger pursuant to Article L. 511-2 of the CCH said to be "regular danger" or to requirements under Article L. 123-3 of the CCH.
      The operations referred to in 1 and 2 are referred to below: "Resorption of irremediable or hazardous unhealthy habitat, subject to a final ban on living" ("IR").
      The operations referred to in 3 and 4 are referred to as "treatment of remediable or hazardous insalubre habitat and real estate restoration operations" ("THIRORI").
      Requests for funding for the operations referred to in this chapter are submitted before decision to the National Commission for the Fight against Unworthy Habitat, as provided for in section R. 321-6-4 of the CCH. It is designated as follows: "LHI commission".
      The Agency's terms and conditions for funding these operations are specified in this chapter.


      Rule 50
      Conditions for Eligibility of Operations for NAAH Financing


      The operations referred to in this chapter shall relate to clustered buildings, in islets or parts of built islets, or located in isolation as long as they are coordinated.
      RHI or THIRORI operations that only cover a single building can only be retained exceptionally.
      To be eligible for funding, operations must verify a set of criteria related to:
      (a) Coherence of the project with local policy to combat unworthy and degraded habitat and local policy of urban requalification;
      (b) The characteristics of buildings within the scope of the operation;
      (c) Rehousing and social support of the occupants;
      (d) To the destination of buildings out of demolition or after possible rehabilitation works.


      Article 50-A
      Conditions of Eligibility to Funding for Project Coherence with Local Policy to Combat Unworthy and Degraded Habitat and Local Urban Requalification Policy


      RHI or THIRORI operations are eligible only if they are part of an overall strategy for the treatment of unworthy and temporally planned and spatially planned habitat within the framework of habitat policy documents and programming tools. An instruction by the director general of the agency outlines the conditions for assessing the coherence of the operation in relation to a global project of urban requalification and improvement of housing conditions on the sector concerned. It will be taken into account, in the instruction of demand, the complementarity of actions and other possible financing in the territory.


      Article 50-B
      Conditions of eligibility for financing relating to the characteristics of buildings within the scope of the operation


      Are eligible for financing under this chapter the following properties:
      I. RHI:
      I-1. Buildings with the following characteristics:
      1. Immunities under decrees of irremediable unhealthy or peril with a definitive ban on living.
      2. Unsalubable immovable or in ordinary danger, if their demolition or rehabilitation is technically necessary for the treatment of buildings under final prohibition of dwelling, in particular in case of adjoining or imbrication with such buildings.
      3. Safe buildings, if their demolition is technically necessary for the processing of buildings under final prohibition of living and their consolidation would be more expensive than the cost of their cumulative acquisition with that of their demolition.
      4. Annexes not intended for housing if they are included in the treated islet, whose removal is technically necessary for the processing of buildings under a final prohibition of dwelling.
      5. Evidence of abandonment in application of articles L. 2243-1 et seq. of the general code of territorial authoritiesif they are contiguous to the buildings referred to in 1 and 2 and their treatment is necessary to the overall coherence of the operation.
      6. Immeubles under arrest taken under application of theCSP article L. 1331-25 (insalubrity rate).
      I-2. The buildings listed in the I-1 above are usually designed to be demolished. However, among these, buildings that respond to the following situations can be rehabilitated when they are:
      1. Located in a protected area, in a protected site, near a historic monument or in an architectural, urban and landscape heritage protection area (ZPPAUP).
      2. Or identified as a remarkable element under the local urban planning plan.
      3. Or subjected to technical constraints preventing their demolition, making it dangerous or if, given the constraints, rehabilitation is less expensive than demolition and reconstruction. In this case, the comparative study of demolition and conservation solutions will be on file.
      II. - THIRORI:
      The following buildings are considered and are not covered by the above-mentioned cases:
      1. The buildings under a decree of remediable unsafety, ordinary danger or security requirements of establishments receiving total or partial use of accommodation from the public (furnished hotels), as long as their rehabilitation or demolition is necessary for the coherence of the operation, without being necessary for the processing of buildings under a final prohibition of residence.
      2. Buildings that have been the subject of a public utility declaration (DUP) and acquired as part of real estate restoration operations planned for articles L. 313-4 et seq. of the urban planning code, by expropriation or application of the right of neglect of the owners.
      3. Annexes not intended for housing if they are included in the treated islet and that their removal is technically necessary for the treatment of buildings referred to in 1 and 2.
      4. Evidence of abandonment in application of articles L. 2243-1 et seq. of the general code of territorial authoritiesif they are contiguous to the buildings referred to in 1 and 2 and their treatment is necessary to the overall coherence of the operation.
      III. - For the purposes of I and II above, buildings are eligible for help only if they are significantly occupied, except in the following specific cases, where the vacancy:


      - was organized after the acquisition of the buildings concerned for the protection of the inhabitants, or because of an obligation to relocate within the framework of a procedure of unwelcomeness, danger or security requirements of establishments receiving the public for total or partial use of accommodation (furnished hotels);
      - relates to buildings located in an islet or adjoining buildings themselves eligible and whose processing is technically necessary to carry out the operation.


      It may be derogated from the significant occupancy condition when the operation is located in a territory under a contractualized urban project and within the scope of which the housing occupancy rate is low. The conditions for the application of these provisions, including supporting documents and evidence, are specified by instruction of the Director General.
      IV. - For the purposes of I and II above, the properties acquired after the date on which the applicant is informed that the application file comprising the acquisitions, demolitions and/or rehabilitations is complete under the conditions set out in the fifth paragraph of Article 55 of these Regulations.
      By derogation, are also eligible:


      - under the RHI system: buildings acquired less than ten years before that date;
      - under THIRORI: buildings acquired less than four years before that date. However, immovables acquired before December 27, 2009.


      The applicant then justifies that these buildings were acquired for the purpose of processing unworthy habitat or pursuant to the real estate restoration procedure.
      In the event of successive sales between recipients referred to in IV and V of Article R. 321-12 of the CCH, the acquisition date taken into account is that of the first acquisition by one of these beneficiaries.


      Article 50-C
      Conditions of eligibility for rehousing and social support of occupants


      The operation must provide a perennial rehousing solution to the occupants in place of the accommodation located within the scope of the operation and provide them with social support tailored to their needs.


      Article 50-D
      Conditions of eligibility for financing relating to the destination of buildings in demolition exit or after any rehabilitation work


      RHI operations are eligible for agency grants when they are primarily intended for the production of housing in a social mix or for the creation of land reserves, for a percentage of at least 80% of the floor area, for the production of housing in a social mixing objective.
      When the operation concerns a parcel or parcels where the reconstruction is not timely, either because of technical or regulatory constraints, or as a result of an urban fabric requalification objective, it may be admitted that the production of housing is carried out near the liberated land. The conditions for the application of these provisions are specified by instruction of the Director General.
      THIRORI operations are eligible for agency grants when they are primarily intended for the production of housing in a social mixing objective.
      The relevance of the housing supply produced is appreciated on a scale that is adapted to local needs. In all cases, the existence of an offer adapted to the types of households initially present on or near the site must be guaranteed.


      Rule 51
      Grant base elements


      The expenditure eligible for a subsidy under this chapter is based on a forecasted statement of the deficit of the transaction showing expenditures and revenues, as determined by deliberation of the Board of Directors.
      I. Expenditures include:
      1. Expenditures for sizing operations.
      2. Expenditures related to the financing of social support and rehousing of occupants within the scope of the operation.
      3. Land appropriation expenses, which include acquisition expenses, their associated costs and commercial eviction fees.
      4. Expenditures related to land release work, land grabs or buildings.
      5. Master's fees and master's fees.
      II. - Receipt:
      1. The proceeds of land or land assignments.
      2. Business valuations.
      3. Allowances due by donor owners in the event of a failure in their rehousing obligations and other possible revenue.


      Rule 52
      Formulation of applications


      Applications filed by the owner may apply to the same operation:
      I. - Verification of the eligibility of the file to one of the devices in this chapter. The Eligibility Record shall include the documents set out in Appendix 2 ter to these Regulations.
      II. - Funding requests for:
      1. Funding for calibration studies.
      2. Funding for social support and relocation measures for the occupants of the perimeter concerned.
      3. Funding for acquisition, demolition and/or rehabilitation expenses.
      These applications may be made alone, regardless of each other, or consolidated into a single application. When carried out separately, they must be done in a coherent overall project.
      The applications for funding referred to in II above shall consist of the documents listed in Appendix 2 ter to these Regulations, in accordance with the purpose of the funding requested. If an application has not been submitted under Part I of this Article, the application for funding must also include elements to verify its eligibility.
      The procedures for filing the file and filing the application are specified by an instruction from the Director General of the agency.


      Rule 53
      Filing of application


      All applications referred to in section 52 above are filed with the agency's delegate in the department. A receipt of file filing is issued without delay by the investigating department. The recipient includes the following:
      1. Date of receipt of the request.
      2. The designation, postal address and, where applicable, electronic as well as the telephone number of the file instruction service.
      3. The information that only a specific grant award decision is binding on the agency on a legal and financial basis.
      4. The principle that any application that did not result in notification of a decision within four months of the date of receipt of the application is deemed to be rejected.
      5. Timeliness and remedies for implicit rejection of the application.


      Rule 54
      Operation start


      For applications related to the sole funding of sizing studies or measures of social support and rehousing of occupants, no subsidy may be awarded as long as there has been a start of execution prior to filing the application.
      For any request for funding including acquisitions, demolitions and/or rehabilitations, no subsidy may be awarded as long as there has been commencement of work prior to the authorization of the agency's delegate in the department, with the exception of the demolitions required by a decree of danger or insalubrity, emergency conservatory work or neutralization work. This authorization may only be issued after filing the application.


      Rule 55
      Review of the application by the agency delegate in the department


      The instruction of the application is conducted by the agency's delegate in the department under the conditions fixed by an instruction of the agency's director general.
      In order to be deemed complete, a file must include a letter of application for grant or verification of eligibility, together with the documents set out in Appendix 2 ter of these Regulations. During the course of the investigation, the service in charge of the case may also require the production of additional parts, when they are essential to the processing of the case. In this case, the file will only be deemed complete upon receipt of the requested parts.
      When the file is not deemed to be complete, the person responsible for the instruction of the file asks the owner to send the additional documents to it by specifying the date on which, if the requested documents are not received, the application may be filed without further action. In the event of a request for additional parts, the period from which, if not expressly decided, the application is deemed to be rejected shall be limited to the date of receipt of the exhibits within the required time limit.
      If the documents have not been produced within the specified time limit, the agency delegate in the department shall notify the applicant of the filing without further action by informing him of the remedies available to him.
      If the file is complete, the agency's delegate in the department addresses the applicant with a letter informing him. He is also advised that the file will be forwarded to the LHI commission.
      When the grant application includes acquisition, demolition and/or rehabilitation funding, the mail referred to in the preceding paragraph is authorized to begin the work.
      At the end of the instruction, the agency's delegate in the department forwards the entire file to the secretariat of the LHI commission accompanied by a fact sheet containing his opinion on the project and whose content is fixed by instruction of the Director General.


      Rule 56
      Review of the application by the National Commission for the Fight against Unworthy Habitat


      The LHI Commission shall, in the form of an opinion, decide on the requests submitted by the contractor, which are forwarded to it by the agency's delegate in the department, together with the consolidated form referred to in Article 55 of these Regulations.
      The Commission shall issue notices on the terms and conditions established by its rules of procedure. His opinions concern:
      1. The eligibility of the operation to any of the devices referred to in this chapter.
      2. The rate and the amount of subsidy, including the social vocation of the operation and the contributive capacity of the commune or ECI, within the limit of the maximum amount of aids fixed annually by the Board of Directors pursuant to 8° of I of section R. 321-5 of the CCH.
      3. Any specific conditions to be met by the recipient.


      Rule 57
      Decision and notification


      After notice of the LHI commission, the decision is taken by the Director General, who may not proceed to the Board's notice until after agreement of the Board of Directors.
      The decision is notified to the applicant and a copy is sent to the agency's delegates in the region and department and, where applicable, to the delegate.
      A decision only on the eligibility of the transaction does not presume the subsequent allocation of the grant and does not in any case involve NAAH on a financial basis.
      Any attributive grant decision mentions:


      - the name of the beneficiary;
      - the main characteristics of the operation (consistency of the study, scope of the operation, social support and relocation actions, final destination of the land...)
      - the rate of subsidy and the maximum amount of aid;
      - the recall of the deadlines for the execution of the operation and the justification for the completion of the operation;
      - payment modalities;
      - the modalities of follow-up;
      - where applicable, the particular conditions to be met by the beneficiary;
      - the causes of withdrawal, reduction or reverse of aid.


      The maximum amount of the subsidy cannot be revised upward after the initial commitment, except in the event of a subsequent assessment of a land acquisition by the expropriation judge, greater than that of the domain service.
      Any unfavourable decision mentions avenues and deadlines for appeal.


      Rule 58
      Ceremony of the grant


      The amount of the subsidy paid by the agency may not have the effect of bringing the amount of public aid to more than 100% of the deficit of the transaction as retained for the calculation of the subsidy.


      Rule 59
      Time limits for the operation and provisions related to the caducity


      Any transaction that has been the subject of an attributive subsidy decision under this chapter must be commenced within a maximum of two years from the date of notification of the grant award decision. The commencement of completion of the transaction is noted by the filing of the first payment request (account or balance request). If no payment request has been made within this time limit, the grant award decision becomes null and void.
      When the grant is allocated for the financing of sizing studies or measures of social support and rehousing of the occupants, the maintenance of the benefit of this subsidy is conditioned upon the filing of a request for funding relating to all or part of the acquisitions, demolitions and/or rehabilitations, within two years of the date of notification of the decision. Otherwise, the award decision of the grant becomes null and void and the payment of the amounts already paid may be required. However, this period may be extended for a period of up to one year by decision of the agency's delegate in the department on a reasoned request from the grantee.
      Any transaction that has been the subject of an attributive subsidy decision must result in an application for payment of the balance within eight years after notification of the decision.


      Rule 60
      Deposit payment request


      One or more deposits may be paid as the project progresses, within two annual advances, without the project being able to exceed 70% of the forecast amount of the grant awarded.
      To calculate the amount of the deposit, is applied to the amount of the subsidy a percentage corresponding to the advance of the expenses taken into account in the calculation of the subsidy. The deposit request shall be accompanied by the supporting documentation specified by instruction of the Director General and a signed summary statement of the beneficiary.
      Payments take into account advance payments made under the relevant funding decision.
      The deposit request is investigated and liquidated by the agency's delegate in the department, who forwards it to the Director General.


      Rule 61
      Payment of the balance


      The request for payment of the balance shall be submitted by the beneficiary and the supporting documents specified by instruction of the Director General.
      If the transaction has been subject to successive funding requests, the application for the balance of the grant relating to the acquisition, demolition and/or rehabilitation expenses must be accompanied by a summary of all actual expenses and revenues of the transaction.
      After instruction, the agency delegate in the department forwards the request for balance to the Director General, along with the documents provided by instruction of the Director General.
      If the application concerns the balance of the grant relating to acquisition, demolition and/or rehabilitation expenses, it is submitted to the LHI Commission, which issues an opinion on the amount of the grant to be liquidated.
      In all cases, the decision to pay the balance of the grant is taken by the Director General of the Agency, taking into account the actual expenditures and revenues, within the limits of the initial commitment, possibly revised following the assessment of the cost of a land acquisition by the judge of expropriation superior to that of the area service. Account shall be taken as appropriate of advance payments.


      Rule 62
      Withdrawal of the grant and remittance


      In the event of non-compliance with the requirements for the benefit of the agency subject to this chapter and of the specific conditions which may be notified by the Director General or in the event of non-compliance with the purpose of the operation, the Director General of the agency, after notice of the LHI commission, shall decide on the total or partial withdrawal of the grant and the total or partial payment of the amounts already paid.
      Prerequisitely to any decision to withdraw or reverse, a mail is sent to the recipient to inform him of the implementation of the procedure and to invite him to submit his observations within a time limit that he fixes but cannot exceed two months.
      The provisions of the third paragraph of Article 22 of these Regulations are applicable to the decisions to disburse the grants awarded under this chapter.
      The decision is notified to the owner by registered letter with acknowledgement of receipt.
      Payment is made to the NAAH accounting agency within two months of notification of the reverse decision.
      In the absence of payment within the specified time limits, debtors may be applied the legal interests provided by theArticle 1153 of the Civil Code.

  • Annex


    Annex 1
    Application for grant for work carried out by recipients referred to in I and II of Article R. 321-12 of the CCH


    Where the proceedings of the Board of Directors pursuant to section R. 321-17 of the CCH, or the provisions contained in the program of shares referred to in section A of these Regulations, subordinate the allocation of certain subsidies to the production of specific parts, the latter are also attached to the record, in the same way as those provided, pursuant to this annex, at the filing of the record or the application for payment.


    1. Parts to be provided when filing the file


    I. - Parts to be provided in all cases:
    The application for a grant, presented on a specific form adapted to the quality of the applicant identified and comprising the main elements necessary for the instruction, as well as the nature and extent of the commitments made by the applicant or, where appropriate, by its agent or legal representative.
    A technical file including:


    - detailed descriptions of the work, presented by one or more companies registered in the trade register or in the trade register or by a master of work;
    - where applicable, the offer of master's fees or assistance to master's work;
    - the plan(s) and sketch(s) necessary for understanding the file and justification of the quantities provided for in the quote;
    - where applicable, technical studies and pre-work diagnostics and corresponding estimates;
    - in the safeguarded sector, the administrative agreements required by the regulations.


    A forecast funding plan if the amount of work exceeds an amount determined by the CA.
    If an agent is designated to sign the commitments:


    - if the agent is a professional governed by the law of January 2, 1970, known as "Hoguet Law", a photocopy of the management mandate "Hoguet Law", accompanied by a photocopy of the professional card;
    - if the designated agent is not a professional defined as above, a proxy (under private seing), duly signed by both parties, authorizing an agent named to make all commitments, to file the file and to receive, on behalf of the owner, any mail sent by the NAAH.


    (a) For beneficiaries referred to in R. 321-12 (I, 1°):
    When the recipient is a natural person who performs work less than a threshold defined by the board of directors: a copy of the last land tax warning for the building.
    Or, and in all other cases beyond this condition:


    - a copy of the building sheet of the subsidized property issued by the conservation of mortgages for less than three months, or an individual proprietary record;
    - a notarial certificate justifying, on the date of filing of the application, the property of the building subject to rehabilitation work;
    - a copy of the property title for buildings acquired for less than three months;
    - a copy of the emphyteotic lease, the building lease, the housing rehabilitation lease to be rehabilitated.


    (b) For applications made by the occupant owners referred to in R. 321-12 (I, 2° and 3°):
    Certificates relating to the property of the property will only be required if the applicant's address is not the same as the address mentioned in the notice of taxation; in this case, they may be requested to produce a photocopy of the land tax or a certificate of ownership or a building record or an individual proprietary record.
    II. - Special additional parts to be provided in the following cases:
    A. - Owners who provide or provide accommodation (R. 321-12 [I, 1°]) or approved bodies referred to in 6° of Article R. 321-12 (R. 15-A, 15-B and 15-G of the RGA):


    - for companies, a recent K bis model statement, with, in addition, for all civil real estate companies, a copy of the statutes in their last update, the latter document will also be required for other owners of legal entities;
    - justification for the rehabilitated housing vacancy (if a vacancy announcement is requested);
    - for housing subject to the 1948 law, any evidence attesting to the submission of housing to that status;
    - for organizations authorized under articles L. 365-2 or L. 365-4 of the CCH for the exercise of activities carried out for the housing or accommodation of disadvantaged persons, a copy of their approval;
    - for accommodation provided free of charge: justification, if any, of the owner's resources: notice of taxation or non-taxation of year N - 2 (or N - 1) under the conditions specified in the amended December 31, 2001 Order relating to the resource caps applicable to certain NAAH grant recipients;
    - the last two notices of non-taxation for the owners of the donor system applicable to the implementing owners;
    - for major rehabilitation operations referred to in Article 7-B of these Regulations: the draft specific OIR convention as defined in Article 7-B above.


    B. - Owners or persons responsible for the work of the dwellings occupied by their ascendants, descendants, spouses (art. R. 321-12 [I, 2° and 3°] and art. 15-D of the RGA):


    - where applicable, the specific form referred to in I of 1 of this annex, forged by the occupant(s) if the person(s) is (are) not the person(s) performing the work;
    - a copy of the last tax notice (or non-taxation) received, i.e. the notice received in N - 1 regarding the revenues of year N - 2 or the notice received in N if the notice attests to a decline in income (these income supporting documents are to be produced for persons occupying the housing, but also for those responsible for the subsidized work);
    - if the applicant has a right of use and residence: a photocopy of the notarial act (or a notarial certificate of the same nature) establishing the right of use and residence on the subsidized building and indicating the owner of that right;
    - in the event of work carried out as part of a framed self-rehabilitation, a copy of the agreement between the owner and the operator and signed by both parties, accompanied by the specific form "ANAH Charter for the supervision of works carried out in self-rehabilitation" duly completed and signed by the operator.


    C. - Co-ownership cases.
    C-1. Grouped individual applications for work on common areas:
    For ease of presentation and instruction of these files, the designation of a common and unique agent by the co-owners concerned is strongly encouraged:


    - the specific form referred to in I of 1 of this list, referred to and certified by the condominium trustee, indicating the names, names, social reasons and addresses of the various co-owners seeking subsidy as well as their respective quotas or millimes in the condominium, but also the total of the corresponding thousandths of the condominium;
    - a copy of the deliberation of the General Assembly setting the programme of work;
    - the individual commitments of each co-owner;
    - where applicable, income proofs when required for the grant.


    C-2. - Unions of co-owners:
    1. Cases covered by co-owners' union support and supporting documentation:


    - in the event of unsafety, danger or safety of common equipment, or
    - if the building is subject to a backup plan provided for in section L. 615-1 of the CCH, or
    - when the grant is allocated to carry out work intended to end the unworthy character of the dwellings or buildings in which they are located, within the meaning ofArticle 4 of Act No. 90-449 of 31 May 1990, or
    - if the building is located in an OAH planned for theArticle 6 of Act No. 90-449 of 31 May 1990 or amended
    - where a provisional administrator has been appointed by the President of the High Court, or
    - if the building is subject to accessibility work,


    following the case, a copy of the safeguard plan or of the order of unsafety, danger or security, or a copy of the judgment of the court of great instance appointing the provisional administrator, or, if any, the report of the analysis of the unsafety established under the conditions set out in II of section 15-H of this Regulation.
    2. For all applications for grants filed by the union of co-owners pursuant to 7° of I of Article R. 321-12, the supporting documents relating to the implementation of the accounting and financial means referred to in paragraph V of Article 15-H of these Regulations, i.e., the proof of the opening of a specific bank account for the work, or, for the operations of a lower amount of subsidy These documents will be required for the grant, commitment and therefore payment of the grant.
    3. For records of cumulative requests for union assistance and individual assistance, the file, filed by a single agent, acting both for the union of co-owners and as a common agent of grouped individual applications, includes, in addition to the documents required in this chapter, all individual commitments signed by the co-owners concerned with individual assistance and, where appropriate, the supporting documentation of resources.
    D. - Cases of records submitted by territorial authorities (CCH art. R. 321-12-4 and RGA art. 15-E):


    - a copy of one of the orders entitled to the procedure referred to in I (4°) of article R. 321-12 of the CCH;
    - a copy of the pre-establishment of ex officio work as provided by the legislative provisions.


    E. - For tenants who perform work referred to in I (5°) of article R. 321-12 of the CCH and article 15-F of the RGA:


    - the lease;
    - the statement on the tenant's honour that the owner did not object to the work and did not declare to undertake them himself.


    F. - Work carried out in residential premises included in a commercial lease (Art. R. 321-12 [II] of the CCH and Art. 15-C.1 and 15-C.2 of the RGA):
    For applications for subsidies for commercially furnished premises (art. 15-C.1 of the RGA):


    - the commercial lease;
    - the agreement referred to in Article 15-C.1 of these Regulations relating to the commitments of the grantee;
    - a copy of the statutes in their last update, when the application is made by a legal entity, the latter document will also be required for associations and other donor owners, legal persons.


    For applications for housing subsidies included in a commercial lease (art. 15-C.2 of the RGA):
    (a) If the accommodation is intended to be personally occupied by the commercial lease holder:


    - the commercial lease;
    - a copy of the last tax notice (or non-taxation) received, that is, the notice received in N - 1 regarding the revenues of year N - 2 or the notice received in N if it attests to a decline in income.


    (b) If the accommodation is intended to be leased: the commercial lease.
    G. - Cases of files submitted by a co-owner in good faith in the event of ex officio work on the common parts.
    In the case of ex officio work carried out on common parts of a condominium, in addition to the technical record provided for in I of this annex transmitted by the local community or its attachment group, the co-owner seeking the grant shall provide:


    - the title of perception issued by the Treasury for the benefit of the public financial authority;
    - copy of the order prescribing the work.


    H. - Cases of records submitted by organizations defined in the 10th and 11th I of Article R. 321-12 and Articles 15-I and 15-J of the RGA:
    For companies, a recent K bis model statement with, in addition, for all civil real estate companies, a copy of the statutes in their last update, the latter document will also be required for associations and other owners who donate legal persons:


    - if applicable, a copy of the backup plan or a copy of the document referred to in the 10th I of the CCH R. 321-12;
    - a copy of the deliberation of the board of directors of the organization authorizing one of its representatives, appointedly designated, to file and sign a grant application and to perform the work.


    2. Parts to be provided upon request for payment


    I. - Application for an advance payment (R. 321-18 and Articles V of 15-H and 18 bis of these Regulations).
    The request for payment of an advance shall be appreciated by the agency's delegate in the department or delegate if the management agreement referred to in Article L. 321-1-1 provides that it shall take charge of the payment of subsidies by delegation of the NAAH according to the rules set out in Article R. 321-18 and Article 18 bis of these Regulations.
    (a) For occupant and assimilated owners:


    - the completed, dated and signed advance payment request from the recipient or his or her agent: this request includes the signed commitments of the recipient referred to in section 18 bis of these Regulations and the terms and conditions of its possible repayment;
    - at least one company quotation participating in the completion of the subsidized work, dated and signed by the company and by the beneficiary or agent and mentioning an application for deposit at the acceptance of the quotation or for the commencement of the work;
    - a bank identity statement (RIB), in original, of the bank account on which the transfer must be made;
    - where applicable, if a proxy is required or designated by the recipient to collect the funds, a proxy meeting the rules required by the agency, in particular by section 19 bis of this RGA.


    (b) For co-owners unions defined at 7° I of Article R. 321-12:


    - the completed, dated and signed advance payment request from the recipient or his or her agent, including the signed commitments of the recipient referred to in section 18 bis of these Regulations and the conditions of its possible repayment;
    - a certificate from the trustee informing of the commencement of work within a maximum of three months;
    - the RIB, in original terms, of the specific bank account works allowing the allocation of subsidies for the exclusive benefit of the subsidized work, under the conditions set out in Article 15-H of these Regulations and by the Board of Directors, the RIB submitted will have to be able to determine with certainty that the obligations imposed by this Regulation and the Board of Directors with respect to the implementation of accounting and financial means enabling the allocation of subsidies for the exclusive benefit of the subsidized work are
    - where applicable, if a proxy is required or designated by the recipient to collect the funds, a proxy meeting the rules required by the agency, in particular by section 19 bis of this RGA.


    As part of the NAAH control policy, the required documents for the payment of an advance may be supplemented under the conditions set out in section 18 bis of this FAA.
    II. - Request for payment of a deposit.
    The request for payment of a deposit is appreciated by the agency's delegate in the department or by the delegate, for the portion of the credits delegated by the NAAH, and, where the agreement entered into pursuant to Article L. 321-1-1 provides that it is also in charge of the payment of the NAAH aids, the deposit request shall include:


    - the deposit payment statement dated, completed and signed by the recipient or agent;
    - the invoices corresponding to the progress of the work;
    - a bank identity statement (RIB), in original, of the bank account on which the transfer must be made;
    - where applicable, if a proxy is required or designated by the beneficiary to collect the funds, a proxy meeting the rules required by the agency, including section 19 bis of this GMA;
    - where applicable, any supplementary document that would be requested by the grant award decision, including when an important rehabilitation transaction agreement was signed with the recipient.


    For co-owners unions defined at 7° of I of Article R. 321-12, the RIB will have to determine with certainty that the obligations imposed by these Regulations and the Board of Directors in respect of the implementation of accounting and financial means enabling the allocation of subsidies for the exclusive benefit of the subsidized work are met, that is, according to the threshold fixed by the board of directors, a specific open bank account.
    III. - Application for payment of the grant balance.
    A. - Parts to be provided in all cases:


    - the application for payment, in which the beneficiary or his agent certifies that the work is carried out and declares the work completed;
    - the invoices of the undertakings having carried out the work and, where applicable, the notes of fees, or, in the case of work of office, a certificate issued by the Treasury Services establishing the recovery by the public authority of the debt due by the co-owner. In the event of a framed self-reliance, if the undertakings have not intervened in the work, the recipient must provide the purchase invoices for materials, rental or purchase of equipment and bills of fees;
    - a bank identity statement (RIB), in original, of the bank account on which the transfer must be made;
    - where applicable, if an agent is required or designated by the beneficiary to collect the funds, a power of attorney meeting the rules required by the agency;
    - the funding plan signed if the funding plan has not been provided in the grant application file or has been amended from the one submitted at the time of filing of the application.


    B. - Special additional parts to be provided in the following cases:
    (a) Owners or persons who provide free accommodation (R. 321-12 [I, 1°]) or approved bodies referred to in 6° of Article R. 321-12:


    - any supplementary document that would be requested by the grant award decision, in particular where an important rehabilitation transaction agreement was signed with the recipient, or, where applicable, a K bis model statement dating less than two months for certain companies;
    - where applicable, the reservation agreement referred to in Article 7-A III, signed by both parties;
    - where applicable, the agreement signed under articles L. 321-4 and L. 321-8;
    - the rental documents (bail, rental contract...) on behalf of the tenant(s) of the accommodation(s);
    - for dwellings made available to others: the written contract of loan for use or commodat in the event of making available to others of the housing benefiting from the subsidy; the rationale for the resources of the occupant, under the conditions provided for in section 15-C.2 of these Regulations, or for his or her disability situation; or, where the accommodation is made available to a registered organization under section L. 365-4 of the CCH for the exercise of activities carried out in favour of housing or accommodation of disadvantaged persons, a copy of its approval.


    (b) For beneficiaries referred to in Article R. 321-12 II (works carried out in residential premises included in a commercial lease):


    - where applicable, the same documents required for the beneficiaries referred to in Article R. 321-12 (I);
    - when the dwarf is planned, the dwarf act;
    - a certification by an organization approved by the Department of Interior that demonstrates compliance with the fire safety rules of the ERP (publicly receiving establishments).

  • Annex


    Annex 2
    Grant application for an engineering benefit
    1. Parts to be provided when filing the file


    Grant application letter.
    Decision enabling the applicant to apply for the grant (deliberation of the board, decision of the General Assembly of co-owners...).
    Certificate of non-performance of the operation.
    Forecast year funding plan.
    Draft terms of reference or terms of reference for the study or mission.
    Estimated expenditure or amount.
    Bank identity.
    In the event of a follow-up and animation mission, draft programme convention finalized by the owner or order to establish the commission of the backup plan.
    In the event of an insured benefit, a copy of the contract of employment and proof of salary.

    Note. - If it is a grant for a "degraded co-ownership" or for a backup plan, it is specified the number of housing lots.


    2. Parts to be provided upon request for payment


    A. - Recipients public:


    - letter of request for payment;
    - detailed summary statement, certified by the recipient, of the expenses incurred, the payment of which must be certified by the accountant of the community;
    - copy of the invoices (except when the benefits are carried out on the board);
    - in the case of benefits made under the authority, i.e. without the production of invoices, the statement of expenses certified by the public accountant is sufficient.


    B. - Beneficiaries private:


    - letter of request for payment;
    - RIB (if the bank account references are not included in the attributive decision);
    - invoices, including costs related to the mission of the backup coordinator.


    A deposit may be paid based on the advance of the benefit. It cannot exceed 70% of the forecast amount of the grant.
    The required parts for payment of the deposit are the same as those for the payment request. Invoices submitted in support of the claim for payment of the deposit must be able to verify, among other things, that the minimum threshold for the realization of the subsidyable benefits required for the payment of the deposit is met.

  • Annex


    Annex 2 bis
    Application for a grant for humanization of accommodation structures
    1. Parts to be provided when filing the file


    The owner must file his grant application file in two copies with the instruction department.
    A. - If the request relates to a global operation including work, it must take the form of a mail accompanied by the following:
    1. Legal status of the proprietary body (and the manager if the owner is the applicant).
    2. A summary descriptive sheet of the transaction mentioning:
    2.1. Identification of the operation;
    2.2. Its technical characteristics;
    2.3. The nature and cost of the work;
    2.4. The forecast schedule of the operation;
    2.5. The number of places and rooms and the living area of the operation, before and after work;
    3. Detailed estimates or estimates of work, presented by one or more companies registered in the trade register or in the trade register or by a master of work, allowing unambiguously to appreciate the nature and costs of the work;
    4. Where applicable, estimates of master's and/or master's fees;
    5. The plan(s) and sketch(s) necessary for understanding the file and justification of the quantities provided for in the quote;
    6. Where applicable, technical studies and pre-work diagnostics and corresponding estimates;
    7. The forecast funding plan for the operation;
    8. The annual operating budget before work and planned after work;
    9. The lease or provision agreement between the owner and the manager;
    10. The social project, particularly for the target audience, the built-in framework, the terms and conditions of reception and management, the length of stay, the situation and social support of the welcomed persons, except in the case of only security work;
    11. A proof of ownership;
    12. If the applicant is a non-owner manager: a lease or, if it is not sufficiently explicit, a warrant or authorization from the owner of the walls given to the tenant to carry out the work.
    B. - If the grant application concerns a study file alone, the parts to be provided will be:
    1. The letter of application for a grant;
    2. The certificate of non-performance of the operation;
    3. The forecast funding plan;
    4. The draft terms of reference or terms of reference of the study or mission;
    5. The estimate or estimated amount of the expenditure.


    2. Parts to be provided at the request for advance payment at the commencement of work


    1. The signed advance request expressly requesting the advance payment of 40%.
    2. An order of service attesting to the beginning of the work.
    3. A bank identity statement (RIB), in original, of the bank account on which the transfer must be made.
    4. Where applicable, if an agent is required or designated by the recipient to collect the funds, a proxy meeting the rules required by the agency, under the conditions set out in section 19 bis of this GAR.


    3. Parts to be provided upon request for payment of deposits or balance of subsidy


    1. Depending on the case, the request for deposit or payment of the signed balance, expressly requesting payment of the deposit or balance of the grant.
    2. In all cases, an RIB if the bank account references are not listed in the grant agreement.
    3. The proof of the execution of the work: the corresponding invoices and, for a deposit request, the certificates of companies or the master of work relating to the percentage of progress of the work.
    4. The funding plan for the balance.
    5. Where applicable, if an agent is required or designated by the recipient to collect the funds, a proxy meeting the rules required by the agency, under the conditions set out in section 19 bis of this GAR.

  • Annex


    Annex 2 ter
    Application for a grant for the financing of the resorption of unhealthy or dangerous habitat (RHI) and the treatment of remediable or hazardous unhealthy habitat and property restoration operations (THIRORI)


    A. - Parts to be provided for the filing of an application to verify the eligibility of the file.
    1. Project overview (*) including mappings on a core basis and a summary table (*).
    2. Report on the presentation of local policy to combat unworthy and degraded habitat and local policy of urban requalification.
    3. Descriptive sheet (*) for each building, including in the annex, as applicable:


    - the order made (of unsafety, danger or security) or a commitment of the competent authority to conduct the procedure;
    - the decree bearing the perimeter of unhealthyness (CSP article L. 1331-25) or the prior deliberation of the community accompanied by the commitment of the competent authority to conduct the procedure;
    - the order for the expropriation of a property in a state of manifest abandonment or the deliberation of a community under section L. 2243-3 declaring the property in a state of manifest abandonment and deciding to continue the expropriation of the property;
    - the notice of public utility of real estate restoration work or the deliberation of the competent authority initiating the procedure,


    and, in any case, the certificate of acquisition or a statement of intent to acquire.
    4. Achievement of significant occupancy of each building and commitment to relocate, specifying the strategy and approach, or a documented note specifying the supporting elements of the vacancy.
    5. Project outline for outgoing operations (intent file).
    6. Elements justifying the quality to act (deliberation, concession contract...) if the applicant is not a community or public institution of intercommunal cooperation.
    B. - Parts to be provided for the filing of a sizing study funding application.
    1. If necessary, update the A parts.
    2. Reference to the specific technical clauses of the study (CCTP) or, in the event of a regulated realization, detailed description of the actions carried out.
    3. Where applicable, deliberation enabling the applicant to apply for the grant.
    4. Funding plan.
    5. Timeframe.
    6. Financial table (*), section "study" written.
    C. - Parts to be provided for the filing of a request for funding of social support and relocation measures.
    1. If necessary, update the A parts, including:


    - if commitments to conduct the procedures of unsafety, peril or security have been previously produced, join the orders made;
    - if a deliberation of the community requesting the taking of the order bearing the scope of unsafety and a commitment of the competent authority to conduct the procedure were previously produced, join the order;
    - if a deliberation by the competent authority initiating a real estate restoration procedure has been previously produced, join the DUP decree of real estate restoration work.


    2. Description of the occupation of buildings.
    3. Rehousing commitment and description of the modalities of rehousing and/or accommodation envisaged.
    4. Specific technical clauses (CCTP) of social support benefits or, in the event of a regulated realization, detailed description of the actions taken.
    5. Where applicable, deliberation enabling the applicant to apply for the grant.
    6. Funding plan.
    7. Timeframe.
    8. Financial table (*), "rehousing" section.
    D. - Parts to be provided for the filing of an application for the financing of acquisition, demolition and rehabilitation expenses.
    1. If necessary, update the A parts, including:


    - in the event that the project has not been requested to finance social support and rehousing measures and if commitments to conduct the procedures of unsafety, danger or security have been previously produced, join the orders made;
    - in the event that the project has not been subject to a request for funding of social support and rehousing measures and if a deliberation of the community asking for the taking of the decree bearing the scope of unsafety and a commitment of the competent authority to conduct the proceedings have been previously produced, attach the order;
    - if a deliberation of the community under theCGCT article L. 2243-3 declaring a manifestly abandoned property and deciding to continue the expropriation was previously produced, attaching the expropriation order;
    - if a DUP decree of real estate restoration works or a deliberation of the competent authority engaging the procedure have been previously filed, attach the expropriation order or the proof of the exercise of the right of neglect by the owners.


    2. Evaluation of the domain service for each planned acquisition and sale of the first acquisition for buildings already acquired.
    3. Receiving parts of the income assessment: land charges, land assignments, trade valuation, concessions due by donor owners in the event of failure of their rehousing obligation and other income.
    4. Description of the final project out of operation.
    5. Where applicable, deliberation enabling the applicant to apply for the grant.
    6. Funding plan.
    7. Timeframe.
    8. Financial table (*), parts "acquisition, demolition, rehabilitation" and "recipients" identified and consolidated with the "education" and "rehousing" parts updated.

    (*) Model fixed by instruction of the Director General.
  • Annex


    Annex 3
    Reversements (excluding advances)


    Due to a different duration of engagement depending on the type of beneficiary, degressive coefficients, defined in the two attached grids, are applied for the calculations of payments (excluding advance refunds), depending on the number of years during which the commitments are met.
    These coefficients are applied to all reverse calculations (excluding advance refunds), regardless of the date on which the award decision was notified and regardless of the date on which the grant application was made.


    Grid 1


    For beneficiaries whose initial commitments under Article 15 of these Regulations are six years:


    RUPTURE OF COMMITMENTS
    COEFFICIENT

    1st year

    1.00

    2nd year

    0.83

    3rd year

    0.67

    4th year

    0.50

    5th year

    0.33

    6th year

    0.17

    Note. - From the date of receipt by the delegation of the declaration of completion of the work and supporting documents to be attached.


    Grid 2


    For beneficiaries whose initial commitments under Article 15 of these Regulations are nine years:


    RUPTURE OF COMMITMENTS
    COEFFICIENT

    1st year

    1.00

    2nd year

    0.89

    3rd year

    0.78

    4th year

    0.67

    5th year

    0.56

    6th year

    0.44

    7th year

    0.33

    8th year

    0.22

    9th year

    0.1

    Note. - From the date of receipt by the delegation of the declaration of completion of the work and supporting documents to be attached.

  • Annex


    Annex 4
    Type of reservation agreement clauses


    At the conclusion of an agreement with works subsidized by the NAAH, a reservation on one or more dwellings may be granted to the NAA by the lessor owner. It gives rise to a reservation agreement.
    The conclusion of this agreement and the management of booking rights can be delegated by the NAAH to a collector partner of the Union of Social Economy for Housing.
    The reservation agreement includes the following standard clauses:


    Preamble


    This reservation agreement has been entered into the framework of:


    - the application file filed with NAAH No.
    - from the convention to the building passed under articles L. 321-4 and L. 321-8 n°


    1. Identity of the parties


    This Agreement has passed between:
    Physical person: Mr./Ms./Ms. and Ms.:
    Name, first name:
    Legal or indivisional: company/association/indivision:
    Designation:
    Name and name of the representative of the legal person or agent of the indivision:
    Coordinates of the natural or legal person or agent of the indivision:
    Address:
    Phone number:
    E-mail:
    below referred to as "the lessor",
    And
    National Habitat Agency, represented by
    Address:
    Or
    The CIL
    Represented by its Director General
    acting on behalf of the National Habitat Agency, as a delegated reserve pursuant to the ... agreement between the National Habitat Agency and the Social Economic Union for Housing for the delegation of the management of booking rights acquired in exchange for NAAH assistance,
    below referred to as the "reservataire".


    2. Purpose of the convention, identification of reserved accommodation


    Case of a convention with specific identification of reserved accommodations:
    In return for the NAAH funding granted under file No. ..., the "rentor" recognizes to the "reservataire" a right of reservation on ... accommodation(s) described in the annex for the duration of this agreement.
    Cases of a convention without precise identification of the reserved dwellings at the conclusion of the agreement, by agreement between the parties:
    The agreement specifies the specific terms agreed between the "reservative" and the "leaser".


    3. Definition of booking right


    Pursuant to the booking right granted to the lessor, the reserving agent offers the lessor a tenant for each of the accommodations reserved for each vacancy during the term of this agreement.
    As such, the "rentor" undertakes to notify the "reservataire" of the date of availability of each of the reserved accommodations:


    - no later than one month before the alleged termination of work for vacant reserved dwellings at the time of the conclusion of this Convention;
    - at the first release of the dwelling by the tenant in place from the date of signature of this Agreement, for reserved dwellings not vacant at the time of conclusion of this Agreement. Information from the "reservataire" by the "lesser" must be sent within fifteen days of the notice of the leave;
    - and then to each release of the dwelling by the tenant in place, within fifteen days after the notice of the leave, until the end of this agreement.


    4. Commitment to use the booking right


    For each reservation, the "booker" agrees to submit to the "renter", as soon as possible and no later than one month after the date of notification of the availability of the accommodation (available after work or availability after the release of the housing), at least one applicant. If the application(s) submitted within this period of one month do not result, the "booker" may submit other applications within a maximum period of one month after the date of availability of the accommodation.
    The "reservative" is committed to ensuring that the family composition and resources of the household(s) presented are in line with the size of the housing and the level of rent.
    The "rentor" will not be able to refuse more than three proposals that meet these criteria.
    The "reservataire" undertakes to transmit to the "leaser" the documents that will allow it to justify at any time to the National Habitat Agency or the Tax Administration the compliance with the obligations attached to the agreement under the articles L. 321-4 and L. 321-8 the code of construction and housing, in particular with regard to the respect of tenant resource ceilings.


    5. Non-representation by the reservataire


    In the event of non-compliance by the "reservataire" with the deadlines for submission of applications set out in paragraph 4, the "leaser" may lease the accommodation to the tenant of his or her choice, provided that his or her income does not exceed the resource limits provided for in the agreement passed under the articles L. 321-4 and L. 321-8 construction and housing code.
    If the accommodation is released before the end of this Agreement, the "leaser" undertakes to notify the reserving party within fifteen days of the notice of the leave.


    6. Reservation information conditions


    The "rentor" undertakes to inform in writing (short or e-mail) the "reservataire" of the provision of the accommodation.
    It also undertakes to inform the "reservataire" of any change of address.
    The "rentor" is committed to facilitating access to the "reservataire" housing so that it can be visited by potential tenants as soon as the accommodation is available.


    7. Sale of housing


    In accordance with the articles L. 313-26 and L. 321-11 the construction and housing code, any alienation of the reserved dwellings shall, in full right, substitute for the purchaser in the rights and obligations of the seller, including those resulting from this Agreement. This reservation agreement must be appended to any sales contract relating to one of the reserved accommodations.


    8. Implementation of the Convention


    In the event of a dispute between the "rentor" and the "reservative" on the execution of this agreement, the competent court shall be the court of proceedings of the place of situation of the building.
    In the event of non-compliance with the provisions of this Agreement, the lessor shall be liable to remit the grant granted by the NAAH and, where applicable, to monetary penalties or to a prohibition on the filing of a new aid application.


    9. Effective date and duration of the agreement


    This Agreement shall take effect on the date of its signature by the parties.
    It ends the date of completion of the owner's commitments to NAAH, referred to in Convention No. ... signed between the "leasemaker" and NAAH, pursuant to the articles L. 321-4 or L. 321-8 construction and housing code.

  • Annex


    Descriptive annex of reserved dwellings


    Address of reserved accommodation(s).
    For each accommodation:


    - type, surface;
    - location;
    - category of convention;
    - monthly rent out of charge (value date);
    - vacant housing at the time of the conclusion of the convention: yes/no.

  • Annex


    Annex 5
    Determination of the amount of the monetary penalty under section L. 321-2 of the CCH


    I. - A pecuniary penalty imposed against a lessor owner or making his or her accommodation available free of charge, referred to in 1° of Article R. 321-12 of CCH


    A. - Determination of the maximum amount of the penalty.
    (a) A person signatory to a convention under sections L. 321-4 and L. 321-8 of the CCH, having contravened the regulations or commitments under the Convention.
    In case of agreement with payment of a grant by the agency, the maximum amount is equal to:


    - in the event of non-compliance with the maximum rent or in the event of a change without explicit continuation of the commitments of the housing occupancy agreement, the smallest of the following two values: half of the assistance granted or a sum equivalent to two years of the maximum rent provided by the agreement;
    - in the event of non-compliance with one of the other commitments provided by the convention, at the smallest of the following two values: half of the assistance granted or an amount equivalent to nine months of the maximum rent provided by the convention;
    - in the event of non-compliance with several other commitments under the Convention, the smallest of the following two values: half of the assistance granted or an amount equal to eighteen months of the maximum rent provided by the convention.


    In the event of an agreement without a grant by the agency, the maximum amount is equal to:


    - in the event of non-compliance with the maximum rent or in the event of a change without explicit continuation of the obligations of the housing occupancy agreement: a sum equal to two years of the maximum rent provided for in the agreement;
    - in the event of non-compliance with one of the other commitments provided by the convention: an amount equal to nine months of the maximum rent provided by the convention;
    - in the event of non-compliance with several other commitments under the Convention: an amount equal to eighteen months of the maximum rent provided for in the Convention.


    The commitments of the agreement other than those relating to maximum rent and the express continuation of the commitments in the event of a transfer include:


    - the obligation of the signatory of the convention to accurately describe the housing (e.g., overfaces);
    - respect for the conditions of occupation, in particular:
    - rent, as a principal residence, to a natural person, or to a public or private body for the sub-location of housing to disadvantaged persons or whose situation requires a rental transition solution, or for the accommodation of such persons;
    - prohibition of renting or occupancy of dwellings by certain persons listed in the convention;
    - respect for the tenants' resource conditions;
    - respect for the decency characteristics defined in the Decree No. 2002-120 of 30 January 2002 ;
    - the tenant's information obligations by the lessee;
    - the obligation of the signatory to declare certain events;
    - the obligation to submit to the controls provided for in the Convention;
    - compliance, if any, with obligations relating to the reservation of the accommodation(s);
    - compliance, if any, with the proposed work for the purpose of the convention;


    (b) Owner of a lessor or providing his or her accommodation free of charge, beneficiary of an agency's assistance but not a signatory to a convention under sections L. 321-4 and L. 321-8 of the CCH and having contravened the regulations or commitments entered into, in particular under sections 15-A or 15-B of the GMA.
    The maximum amount is equal to half of the assistance granted.
    B. Determination of the amount of the sanction.
    The amount of the penalty is calculated by multiplying the maximum amount determined in accordance with the A, by a coefficient that is based on the financial situation of the individual and the gravity of the charges:


    Scale


    GRAVITY LEVEL OF REPROVED

    Level 1
    (high)

    Level 2 (high)

    Level 3
    (very high)

    Situation
    financial
    (PB)

    Category A: physical persons

    Category A-1: reference tax income below the "old Borloo" resource ceiling - social sector

    0.25

    0.375

    0.5

    Category A-2: tax income above or equal to the "old Borloo" resource ceiling - social sector, but below the "old Borloo" resource ceiling - intermediate sector

    0.35

    0.525

    0.7

    Category A-3: reference tax income greater than or equal to the "old Borloo" resource ceiling - intermediate sector

    0.5

    0.75

    1

    Category B: legal or indivisional persons

    0.5

    0.75

    1


    Appreciation of the gravity of the charges:
    The level of gravity of the charges is appreciated by the sanctioning authority taking into account the elements below.
    Level 1 (may be high) corresponds to facts that have been committed by the person to whom they are charged without a clear intent to contravene obligations, but as a result of negligence considered to be unfit.
    Level 2 (elevated) corresponds to facts that, without being particularly serious, have been committed knowingly by the person to whom they are charged.
    Level 3 (very high) corresponds to facts of particular gravity and committed knowingly by the person to whom they are charged.
    In the absence of material elements that may demonstrate the manifest intent to contravene obligations, the gravity of the alleged facts will be appreciated at level 1.
    The choice between levels 2 and 3, discussed in the commission of appeals at the end of the pre-conflict procedure, is part of the discretionary authority of the sanctioning authority. Where a quantitative assessment is possible, whether or not the particular gravity of the facts depends, inter alia, on the extent of the excesses of the authorized maximums (e.g., rent or resources ceilings) or the differences between the facts and the statement they are subject to (e.g. surface).
    Assessment of the financial situation of the individual:
    For natural persons: (category A), the determination of the financial situation category will depend on the elements on the tax notice on the income of the tax home to which the person concerned belongs and transmitted by it to the sanctioning authority. In the case of a household comprising two separate tax homes, the situation of the whole household is taken into account. In the event of a non-transmission of the tax notice within the specified time limit, the coefficient corresponding to category A-3 is applied.
    The resource limits used to determine the financial situation are those applicable within the framework of the "old Borloo" tax system, intermediate or social sector, referred to in m of the 1° of Article 31 of the General Tax Code. Resources are considered under the same conditions as those established for the application of this device, as defined in the tax instructions in force on the day of the grievance notification, and being specified that:


    - the tax notice taken into account is that relating to the revenues of the year prior to the year to which the grievance notification was made or, if this notice is not yet available, that relating to the revenues of the penultimate year;
    - for the determination of the geographic area, is taken into account the principal residence of the person to whom the facts are charged.


    In the event of special financial difficulties that have occurred after the year on which the tax notice is taken into account, the individual may present any evidence that may highlight this new situation.
    In the case (category B) of a legal person with special economic and financial difficulties, or of an indivision whose majority of members are in a difficult economic and social situation, any evidence that might highlight this situation may be presented.
    Depending on the elements brought to his or her knowledge, the sanctioning authority shall, after the opinion of the appeals board, not take into account the category resulting from the strict application of the scale and apply a lower coefficient of one of categories A.
    In order to be taken into account, tax notices and documents relating to specific difficulties must be forwarded within a month specified in section 23 of the RGA for the production of its written submissions by the interested party.


    II. - A pecuniary penalty imposed against an occupant owner or a person performing the actual charge of the work, respectively referred to in the 2nd and 3rd I of Article R. 321-12 of the CCH, having contravened the regulations or occupancy commitments entered into, in particular within the framework of Article 15-D of the CCH


    A. - Determination of the maximum amount of the penalty.
    The maximum amount is equal to:


    - when the person concerned sought and obtained assistance that she knew undue, or voluntarily failed to declare the breach of the occupancy commitments undertaken to obtain assistance: half the amount of the aid;
    - where the person concerned has sought and obtained undue assistance, or has breached the occupancy commitments to obtain assistance, but only a negligence can be attributed to him: to a quarter of the amount of assistance.


    B. Determination of the amount of the sanction.
    The amount of the penalty is calculated by multiplying the maximum amount determined in accordance with A, by a coefficient that is dependent on the financial situation of the individual:


    Financial situation of the interested party (PO)

    Category C-1: reference tax income below half of the reference resource cap

    0.5

    Category C-2: reference tax income greater than or equal to half of the reference resource cap but less than that

    0.75

    Category C-3: reference tax income greater than or equal to the reference resource cap

    1


    The determination of the financial situation category will depend on the elements on the income tax notice of all persons permanently occupying the person's principal residence and transmitted by the person to the authority holding the penalty authority after the grievance is notified. In the event of non-transmission of the tax notice within the specified time limit, the coefficient corresponding to the C-3 category is applied.
    The reference resource cap is that set out in Appendix 2 to the amended December 31, 2001 Order relating to resource caps applicable to certain NAAH grant recipients.
    Resources are considered under the same conditions as those set for the assessment of resources in the case of occupant owners seeking a NAAH grant, as defined in the instruction in effect on the day of the grievance notification, and being specified that:


    - the tax notice taken into account is that relating to the revenues of the year prior to the year to which the grievance notification was made or, if this notice is not yet available, that relating to the revenues of the penultimate year;
    - for the determination of the geographic area, is taken into account the principal residence of the person to whom the facts are charged.


    In the event of special financial difficulties that have occurred after the year on which the tax notice is taken into account, the individual may present any evidence that may highlight this new situation. Depending on the elements brought to his or her knowledge, the sanctioning authority shall, after the opinion of the appeals board, not take into account the category resulting from the strict application of the scale and apply the coefficient of a lower class.
    In order to be taken into account, tax notices and documents relating to specific difficulties must be forwarded within a month specified in section 23 of the RGA for the production of its written submissions by the interested party.


Done on August 1, 2014.


Minister of Housing and Equality of Territories,

For the Minister and by delegation:

The director of habitat, urban planning and landscapes,

L. Girometti


Minister of Economy, Production Recovery and Digital,

For the Minister and by delegation:

Deputy Director BACFIN,

C. Bavagnoli


Minister of Overseas,

For the Minister and by delegation:

The Prefect, Director General of the Overseas,

T. Degos


The Secretary of State in charge of the budget,

For the Secretary of State and by delegation:

By preventing the Budget Director from:

The Deputy Director,

D. Charissoux


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