Key Benefits:
The Minister of the City, Youth and Sports and the Secretary of State in charge of City Policy,
Vu la Act No. 2003-710 of 1 August 2003 orientation and programming for the city and urban renewal, modified by Act No. 2014-173 of 21 February 2014 of urban programming and urban cohesion, including articles 9-1 to 9-3 on the new national urban renewal programme;
Vu le Decree No. 2004-123 of 9 February 2004 amended on the National Agency for Urban Renovation;
In view of the deliberation No. 2015-51 of the Board of Directors of the National Agency for Urban Renovation of July 16, 2015 approving the General Regulation of the National Agency for Urban Renovation on the new National Urban Renewal Program,
Stop:
The General Regulation of the National Agency for Urban Renovation on the new National Urban Renewal Program annexed to this Order is approved.
The Order of September 15, 2014 approving the General Regulation of the National Agency for Urban Renovation relating to the new National Urban Renewal Program for the signing by the ANRU of city contracts and project prefiguration protocols is repealed.
The Commissioner General for the Equality of Territories is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Annex
GENERAL REGULATION OF NATIONAL AGENCY FOR URBAINE RENOVATION RELATING TO THE NEW NATIONAL URBAIN RENEW PROGRAMME
Preamble
The new National Urban Renewal Programme (NPNRU) reflects a political ambition: the profound transformation of the priority areas of the city's policy (QPV) concentrating social difficulties and presenting the most important urban dysfunctions, in terms of enclaving, building degradation and public spaces, inadequate urban and land trams, lack of commercial supply and services, difficulties in accessing economic activities. It aims to focus the Agency's resources and resources to support directly related investments and engineering expenditures that lead to a shift in neighbourhoods, and to promote social and functional diversity by developing habitat diversity (statuts, building and housing typology) and functions (equipments, trades, economic activities).
This ambition, expressed by the legislator by the law of 21 February 2014, shared by the State, all its partners, and the social partners gathered in Action Housing in the convention of 2 December 2014, reaffirmed and amplified by the interdepartmental committee on equality and citizenship (CIEC) of 6 March 2015, guides the principles of action of the ANRU and of contractualization with the frameworks carrying projects and the masters of new work.
In the light of the ambition to reduce the gaps in the law, the NPNRU prioritizes intervention priorities and develops its action on three scales:
- a territorial scale that allows to provide the relevant responses to make a profound change not only of the living environment of the inhabitants, but more broadly the place of the neighbourhood in its environment. Within the framework of the city contract, the agglomeration is in this regard the most relevant and consistent scale to allow for the sustainable inclusion of the NPNRU's neighbourhoods in the territorial dynamics on key themes for the success of the projects;
- an expanded thematic scale, allowing to apprehend the urban project in its connections with the key factors of its success: the evolution of the markets of the employment of the economic zones, the mobility issues of the employees and their housing needs in the dynamics of the real estate markets (agglomeration, city, QPV), the disenclavement around the issues of mobility, the social and territorial balance of the habitat in the agglomeration
- a temporal scale that is part of the long time of urban transformation to think of the evolution of the neighborhood and its place in the agglomeration to the horizon ten or fifteen years, while posing the intermediate milestones and signs of the rapid engagement of this transformation.
By pursuing this ambition, the NPNRU joins the crossroads of the two political priorities shared by the state and Action Housing: housing and employment.
In order to change the image and attractiveness of the relevant QPV it is necessary to implement a comprehensive urban restructuring. In this context, the aim will be to articulate a global project linking and prioritizing:
- the demolition of buildings included in general development operations, releasing and reorganizing the land supply;
- the development of a new real estate offer;
- the restructuring - rehabilitation of the heritage aimed at expanding the product range and adapting typologies while promoting energy performance;
- the development of public spaces;
- the improvement of the living environment, particularly with regard to the provision of services to the population and public facilities of proximity.
The Agency will take into account and provide its financial support to the only urban renewal projects (which cover areas of national or regional interest) that set up all these interventions in a coordinated and relevant manner in the local context.
In addition, this requires parallel treatment within the framework of the city contract, including the disenclave by public transit service and the security of goods and persons.
As part of this global project, the assistance provided by the ANRU will be primarily involved in habitat financing, providing quality housing and promoting strategies for recompositioning the different forms of habitat.
Access to more quality housing, in neighbourhoods with no greater stigma, is an important factor in access and retention. The NPNRU must contribute to several titles, through a policy of insertion by economic activity, by economic development in or near the neighborhood, by disenclavement conducive to better connections with the employment zones of the agglomeration. It must also allow the maintenance and return of employees in the renovated neighborhoods, thanks to a restored attractiveness and the diversification of habitat forms and the expansion of the product range.
The aim is to provide an appropriate response to all situations: from the treatment of the structural vacancy of the QPV in the loss of attractiveness in the relaxed market to the good dimensioning in terms of density and diversification of areas with high potential of mutation, well served in public transport, in the tense market. As such, the contributions of Action Housing in terms of rights to build and booking social housing must be accelerators of social diversity, as well as the necessary intercommunal and interconnecting strategy within the framework of the provisions of ALUR law and the programming law for the city and urban cohesion.
In the context of the program's ambitions and in the context of the guidance of the interdepartmental committee on equality and citizenship, the following principles of action irrigate the modalities of intervention of the ANRU described in the Agency's general regulation:
- the interventions supported by the ANRU must adapt to the diversity of the territories concerned, taking into account the particular contexts in terms of the localization of neighbourhoods, the characteristics of habitat forms, the prospects for development, attractiveness, the evolution of employment markets and tension in the housing market;
- in order to achieve a real transformation of the neighbourhoods, ambitious and quality urban renewal projects that are articulated in all the development processes of the agglomeration must be produced as part of the so-called prefiguration phase. Depending on the specific characteristics of the neighbourhoods, demolitions are often a relevant and indispensable response to open the urban space and make it a potential for renewal. The financing arrangements for demolitions must be incentives, while avoiding the effects of aubaine;
- the replenishment of the social rental supply resulting from demolitions must be, in accordance with the conclusions of the inter-ministerial committee of 6 March 2015, located in principle outside the intervention district and more largely outside the priority areas of the city's policy. Exceptions to this principle should be limited and justified by the local context and by the contribution of the proposed responses to the objective of social and territorial balance of habitat and populations. The replenishment will not be carried out in the same volume as the demolitions in the territories characterized by low tension in the housing market, which can be characterized by a high vacancy and rent levels of private housing comparable to those of social rental housing;
- the requalification of social rental housing is intended to be financially supported within the NPNRU only for significant and ambitious rehabilitations (passing the simple renovation of the normal maintenance of the heritage), contributing to the diversification of the supply and accompanying the urban transformation. The relevance of the proposed rehabilitations will be appreciated in terms of the overall nature of the project, including the volume of demolitions provided elsewhere and the ability of requalification to contribute to the transformation of the neighbourhood;
- the NPNRU's support for urban development and public facilities is part of the goal of success in the overall transformation of the neighbourhood and the development of its attractiveness. However, it must remain in logics of complementarity on the one hand of the interventions of the competent communities, depending on the financial capacities of them, and on the other hand, the majority interventions in favour of housing;
- in accordance with the conclusions of the March 6, 2015, interdepartmental committee, a modulation of aids will be put in place in favour of operations that are consistent with a logic of excellence and that will improve the achievement of the objectives pursued by the program;
- all urban renewal projects must be part of the process of co-construction with citizens under the law of February 21, 2014 and organized within the framework of city contracts. The inhabitants must be involved not only in the construction phase of the project, but also in its implementation and its outcome to promote the best sustainable investment, as part of a structured urban management.
The following definitions are used as a result of these Regulations:
- the term "Agency" means the ANRU;
- the term "operation" means a physical action or an intellectual benefit that contributes to the urban and social requalification of the neighbourhood, of a given nature, with an object identified, carried out by the same owner, with a timetable of implementation that specifies the beginning, end and possible phasing;
- the term "neighborhood", used without precision, means a priority area of the city's policy (QPV) concerned by an urban renewal project under a multi-year agreement signed with the Agency;
- the term "national interest district" means a priority area of the city's policy listed in the order referred to in II of Article 9-1 of Law No. 2003-710 of 1 August 2003. These are areas with the most important urban dysfunctions on which the ANRU focuses its funding;
- the term "regional interest district" means a priority area of the city's policy under an urban renewal project, not included in the order referred to in II of Article 9-1 of Law No. 2003-710 of 1 August 2003 ;
- the term "financial competition" or "financing" means aids awarded by the Agency in the form of grants and loans.
Finally, in the framework of a city contract, several types of documents may be contracted, depending on the urban program adapted to the area concerned, between the public inter-communal cooperation institution (EPCI), the municipality, the contractors and the Agency, and if applicable the other financial partners of the project:
- a protocol for prefiguring urban renewal projects;
- a multi-year urban renewal convention.
These various contractual documents are specified under heading III of these general rules.
This general regulation sets out the expected general principles of urban renewal projects and more specifically all the regulatory elements necessary for the signing by the ANRU of city contracts, prefiguration protocols for projects and multi-year urban renewal conventions.
It defines the nature of the assisted operations and the conditions for the award of the Agency's financial competitions under the NPNRU, as well as the terms and conditions for the granting of such assistance.
With a view to reducing the development gap between the disadvantaged and their urban units and improving the living conditions of their inhabitants, the city's policy helps to address the challenges facing today's cities: the challenge of urban and social cohesion, the preservation of the environment, the economic development of the territories... It thus contributes to the balanced development of the territories and to the production of the sustainable city, as reaffirmed by the law of programming for the city and urban cohesion in its article 1.
To prevent and curb segregative mechanisms that tend to maintain, or even strengthen, the social and territorial inequalities between certain neighbourhoods and the rest of their agglomeration, city contracts must be based on real territorial projects integrated at the level of the neighborhoods developed by the elected, state and all the partners of the city's policy. These projects, designed on the basis of a participatory territorial diagnosis, represent the decline, on the priority areas of the city's policy, of land projects defined at the inter-communal level. They must respond, through a systemic approach, to the social, urban, economic, environmental and cultural issues identified in the territories concerned.
Urban renewal projects, whose ambitions were presented in the preamble, are one of the keys to meeting the strategic objectives of the city contract and the sustainable development policies of the agglomeration. By their nature, they are indeed an opportunity to produce the sustainable city: a more functional, mixed and balanced city, more respectful of its environment for the well-being of the inhabitants, while bringing together conditions conducive to dynamism and innovation.
The ANRU's aids will be allocated to ambitious and quality projects according to the admissibility criteria described below in this title.
1. Project governance
1.1. The porting of the project
In accordance withArticle 6 of Act No. 2014-173 of 21 February 2014, the president of the appropriate ECI in the area of city policy is responsible for the development and coordination of the city contract. As such, it is the carrier of the overall strategy and its decline in each urban renewal project.
In the territory of his municipality, the mayor is responsible for the implementation of the city contract and the urban renewal project.
The president of ECI and the mayor of the municipality concerned, or their representatives, jointly present the urban renewal project to the Agency, with the direction of the city contract.
1.2. Diversity of partnership and the mobilization of private actors
The richness and quality of the partnership for the definition of programming and the implementation of urban renewal projects are essential for their success. This partnership must be fed by the project proponent. It must integrate and mobilise, in addition to the owners and, in particular, HLM agencies, representatives of the inhabitants and civil society, the local authorities (regional council, departmental council), the principal funder of the NPNRU, Action Accommodation, via its regional delegations and other financial partners of the project (Caisse des dépôts et consignations - CDC ...). It strives to involve any actor who can contribute to the quality of the project, such as the actors of the economic world (including consular chambers), the mobility organizing authorities, etc.
The mobilization of private actors, including private investors, must be an additional asset for the requalification of neighbourhoods and the strengthening of their economic and residential attractiveness.
The Department Prefect, a major player in the Agency's city contract and territorial delegate, participates in the piloting and monitoring of the urban renewal project and supports the project holder in particular through the mobilization of its various services.
1.3. The participation of the inhabitants - the co-construction of the project
The residents and users of the neighbourhood, including representatives of the tenant associations on the neighbourhood, are stakeholders in the urban renewal project. They are associated with all its stages, in a co-construction dynamic: sharing of pre-diagnosis, project development, monitoring of achievements, evaluation of project results. Representatives of the citizens ' councils established in the framework of the city contracts participate in the governing bodies of the urban renewal project.
By relying, in particular, on the citizens' councils and houses of the project, and in line with the city's policy directions, the project holder provides, in connection with all partners, the means necessary to support the participatory dialogue on the neighbourhoods and to recognize the mastery of the use of the inhabitants.
1.4. Evaluation provisions
Measuring the impacts of the urban renewal project is essential to assess the achievement of the objectives set and to enrich the project on an ongoing basis. The evaluation system, including indicators, must be defined from the design of the urban renewal project. They support the evaluation framework established under the city contract and provide support for the piloting of the integrated project.
2. Project scope
The Agency intervenes in the priority areas of the city policy defined by decrees n° 2014-1750 and n° 2014-1751 of 30 December 2014.
It prioritizes its means in neighbourhoods with the most important urban dysfunctions, which are listed in the ministerial order referred to in II of Article 9-1 of Law No. 2003-710 of 1 August 2003.
In accordance with I of Article 9-1 of Law No. 2003-710 of 1 August 2003, if the requalification of priority areas requires, the Agency may fund interventions conducted near these neighbourhoods. For all requests for intervention outside the neighbourhood's perimeter, the inseparable character and necessary to requalify the neighbourhood must be demonstrated by the project holder. In any case, prior validation by the engagement committee is mandatory.
The Agency will ensure that the proposed project is consistent with the urban policy that has been initiated or planned on the neighbourhood-related sectors.
In addition, in accordance with the same I of Article 9-1 of Law No. 2003-710 of 1 August 2003, the production of social rental housing funded by the Agency is carried out in the urban units to which the neighborhoods concerned by the NPNRU belong.
3. Quality of the urban project
The Agency is particularly vigilant in the quality and ambition of the proposed projects, as well as in taking into account the specificities of the territory. Only projects that aim to transform the neighbourhood through a global, urban, economic, social and environmental impact will be funded by the Agency and among them, those that will be part of a logic of excellence on the maximum of themes will benefit from more funding.
Project carriers, in conjunction with all their partners, must rely on a multi-criteria approach to urban diagnosis and project design and set priorities tailored to local context and issues. To this end, communities are invited to rely on the EcoQuartier approach initiated by the State, including its repository adapted to urban renewal. The project proponent must set quantitative and qualitative targets related to the priority objectives identified for the project in relation to the differentiated territorial characteristics in terms of economic, demographic and housing market dynamics.
In addition, the Agency wishes to encourage project owners and project owners to register in a logic of excellence on a number of topics, and thus implement a new principle of action: the most favoured territory clause.
In practice as part of new urban renewal projects, all local partners are called to compare the situation of target neighbourhoods with the most favoured territories of intercommunity, including identifying their strengths, and to undertake cross-fertilization between the two territories. To do this, urban renewal projects must look for excellence, especially in three areas: environmental quality, connected city and stimulating economic activity and employment. Operations that contribute to the achievement of these objectives of excellence and, in particular, contribute to the achievement of the main objectives of the CIEC of March 6, 2015, will be eligible to receive an increase in aids in accordance with Section 3.2 of Part II of these Regulations.
3.1. The coherence of urban programming with the integrated territorial project of the city contract
The urban renewal project is one of the keys to achieving the strategic objectives of the city contract, in conjunction with the other axes of the integrated project. It thus contributes to a comprehensive policy to combat segregation phenomena and strengthen equality among citizens. It must therefore be a response to the diagnosis and be part of the strategy developed in the city contract.
The Agency appreciates this response through the proposed urban programming. The housing program, planned services and equipment (social, school, cultural and sports...), planned economic activities, must meet the needs identified and ambitions of attractiveness set out in the city contract.
In addition, it is necessary to ensure consistency between the urban renewal project, the shares of the city contract and the associated devices. A number of issues are the subject of the Agency's particular vigilance: the project for the operation of equipment, including school and peri-school; the policy of academic success (particularly on colleges); economic development and access to employment of the inhabitants of the neighbourhood; improved security and public tranquility; the appropriation of the framework of life and public space by the inhabitants, by strengthening participatory approaches.
On these issues, the Agency will be able to condition its support for the engagement of project holders on key elements of the success of the urban renewal project under the city contract.
3.2. Unavoidable objectives of projects
Given the high specialization of these neighbourhoods and the continuing urban dysfunctions, the Agency will pay particular attention to the inclusion of the following unavoidable objectives in case studies:
- increase habitat diversity.
The diversity of habitat (statuts, typology of buildings and housing) must be sought in the neighbourhood to promote positive residential paths, meet the expectations of the inhabitants and allow the reception of different population categories, especially of employees. It can be implemented through the construction of private housing (including social accession) but also within the social rental housing park. The deconcentration of social housing in neighbourhoods must allow a rebalancing of the social park at the scale of the agglomeration.
- adapt the neighbourhood's density to its environment and to the targeted urban functions.
Urban renewal projects must promote a more compact city, contribute to improving the efficiency of services, trade and transport and to combating urban spreading. Urban density must be preferred in the best located, best served neighborhoods. On the other hand, some situations, such as the decline in the habitat market, can justify de-densing the neighbourhood and considering the urban tightening.
- promote functional diversity and consolidate the potential for economic development.
A diversified and qualitative offer in public equipment, services and local shops participates in the residential quality of neighborhoods, it must be improved to meet the needs of current and future residents, and thus participate in the attractiveness of the neighbourhood. In areas where an economic consolidation approach is undertaken, it is a question of creating favourable conditions for the maintenance and development of economic activities, including trade and crafts.
- strengthen the opening of the neighbourhood and the mobility of the inhabitants.
Projects must contribute to the integration of neighbourhoods into their environment and facilitate the movement and accessibility of the inhabitants and users of the neighbourhood, in particular by improving and diversifying modes of transport and the quality of the service by public transport (cyclable trails, collective transport, pedestrian links).
- aim at energy efficiency and contribute to the ecological transition of neighbourhoods.
Energy issues (e.g., building performance and renewable heat supply) need to be addressed at the neighbourhood level to better prioritize interventions and optimize the control of people's expenses. In general, a global environmental approach is expected to limit resource consumption (water, waste...) and to promote adaptation to climate change.
- to develop quality real estate programmes and developments that take into account usage, management and security issues and anticipate future developments and changes.
The issues related to the social functioning of the neighbourhood and its management must be fully integrated as soon as the project is defined and the design of the spaces. Projects must create conditions conducive to the evolution of buildings and outdoor spaces, including by the establishment of a mutable parcel, for better adaptation to the needs of the inhabitants and the evolutions of the uses. The intervention on the existing building must serve a differentiated heritage strategy based on a multi-criteria analysis of the situation and potential of each building in their urban context.
These unavoidable objectives, prioritized and adapted to the local context, must guide the definition of the urban renewal project and its articulation with the integrated territorial project of the city contract and sustainable urban development policies of the agglomeration.
3.3. The link between the urban renewal project, habitat policy and other sustainable urban development policies
Urban renewal projects, depending on the strengths and constraints of neighbourhoods, are involved in sustainable urban development strategies for urban agglomerations. The Agency appreciates the coherence between urban programming and the main planning and programming tools (local housing program - PLH, local urban planning plan - PLU, urban travel plan - PDU, Agenda 21, local energy climate plan - PCET...). The ANRU's engagement committee, in order to take into account urban issues and the context of economic, demographic dynamics and housing market dynamics, particularly in terms of housing needs for employees, appreciates the quality of the urban development project carried by the community, and its impact on attractiveness after renewal. To do this, the engagement committee will have a contextualization tool built jointly between the State, the Agency and Action Housing. The contextualization method will be detailed in an instruction note by the Director General of the Agency.
The Agency is particularly vigilant at the following issues:
- the level of replenishment of the offer of social rental housing demolished and its composition (in rental loan helped with integration - PLAI, rental loan for social use - PLUS...) must be compatible with the structural needs of social rental housing identified as part of a fine analysis of the local housing market. This may lead in some situations not to rebuild the demolished offer. Coherence of this programming with the PLH can be performed by a simplified procedure in accordance with theArticle 17 of Act No. 2014-173 of 21 February 2014. In accordance with section 2.3.1.1 of Part II of these Regulations, the intended rate of replenishment of the offer in PLAI shall be at least 60% to compensate for the low-rent offer deleted as part of the urban project, and to assist in the rebalancing of low-rent housing in the territory of the agglomeration;
- the location of the replenishment of the offer is to be determined according to the geographic rebalancing objectives at the scale of the agglomeration. In accordance with Article 2.3.1.1 of Title II of these Regulations, the replenishment of the offer shall be located outside the priority areas of the city's policy (QPV), except for the specific context argued;
- articulation with problems of private habitat in difficulty (degraded condominiums, fighting unworthy habitat, and policy of improving the old park);
- the coherence between the proposed urban project and the objectives for the development and diversification of the modes of movement set by the PDU, particularly with regard to the active modes (velo, march...) and the place of the car in the neighbourhoods;
- the urban renewal project must meet the objectives of environmental policies developed at the agglomeration level in terms of risk limitation and nuisance, ecological transition and the fight against energy precariousness. It should reduce resource consumption and participate in the development of local sectors;
- the urban project must also take into account the digital transition and facilitate the deployment of high-speed networks.
The Agency will be able to condition its support for the engagement of project holders on key elements of success of the urban renewal project under sustainable urban development policies of agglomeration (for example, the realisation of public transport on a clean site).
3.4. Quality of urban composition
Beyond urban programming, the Agency appreciates the quality of the proposed urban composition in relation to the unavoidable objectives. It focuses particularly on the spatial strategy, architectural forms and landscape quality envisaged. It analyses, inter alia:
- the proposed treatment and operational phasing for the sectors at stake and the locations of centrality;
- the coherence of the urban structure: the hierarchization of the spaces and the vial frame, the clarification and the mutability of the land;
- the integration of the neighbourhood into its urban environment: the treatment of the neighbourhood fringes and urban cuts, the continuity of the networks outside the neighbourhood (seeies, bike paths, pedestrian tracks).
4. The rehousing and allocation strategy
Housing interventions (demolition, requalification,...) can induce temporary or definitive relocations from the households concerned. Project holders and LSM organizations working with the Agency must therefore commit themselves to implementing a quality rehousing process that will meet the needs and wishes of households.
Within the framework of the orientations defined by the inter-communal conference of housing defined in article 97 of the Act of 24 March 2014 for access to housing and a renovated urban planning, a relocation strategy must be stopped with, inter alia, project holders, HLM agencies present in the territory concerned, State services, social housing reservataries and tenant associations. This strategy is formalized in the convention provided for in theArticle 8 of Act No. 2014-173 of 21 February 2014. In this context, the Agency will also pay attention to the objectives of social diversity and balance between the territories to be taken into account for the social housing responsibilities defined in this Convention, to their coherence with the urban project guidelines, and to the modalities of cooperation between project holders, HLM organizations present in the territory concerned and booking rights holders to implement these objectives.
This relocation strategy must pursue three main objectives:
- to offer positive residential courses to households, especially in the direction of new or conventional dwellings for less than five years (favored by the measure provided for in Article 2.1.3.2 of Part II of these Regulations);
- re-enter households in difficulty in a dynamic of insertion;
- contribute to social diversity.
Based on a diagnosis, local partners specify in the context of this relocation strategy:
- the local objectives in terms of the quality of rehousing, in particular to enable the financial impact of rehousing for households. An effort to control the rest of households is thus required by the Agency (which takes into account the evolution of the housing typology, its surface and its level of service). In addition, like the regulations that apply to relocated households following the demolition of social rental housing, three rehousing offers respecting the conditions provided for in theArticle 13 bis of Act No. 48-1360 of 1 September 1948 must also be proposed to tenants whose permanent rehousing is made necessary by social rental requalification operations, or by retraining degraded private housing financed by the Agency;
- the household support system and conditions for the management, monitoring and evaluation of rehousing.
5. The accompaniment of change
The impact of the urban renewal project on the functioning of the neighbourhood and the living conditions of the inhabitants must be anticipated and accompanied, in conjunction with the city contract and associated devices. The accompanying conditions for the change induced by the project must be defined, particularly with regard to the management, insertion and memory of the neighbourhoods.
5.1 The management project
The project must include the conditions for improving the operation and management of the neighbourhood, in order to take into account the uses and anticipate the conditions and costs of management, to accompany the construction sites, to promote the appropriation and sustainability of operations. In conjunction with the city contract orientations, the multi-year urban renewal agreement incorporates a partenarial management project, co-built with the inhabitants on the basis of a diagnosis of the operation of the neighbourhood, including:
- the evolution of the domanialities and management responsibilities;
- the conditions of involvement of the inhabitants and of consultation especially upstream of any operation impacting the tenants' charges (residentialization work,...) ;
- the evolution and financial sustainability of the neighbourhood management modalities and the impact on the organization of managers;
- the operation of public equipment;
- the coordination, steering, monitoring and evaluation mechanism.
5.2. The contribution of the project to professional integration
The dynamic of access to the activity and employment of the inhabitants of the priority areas of the city's policy is a key element in the success of urban renewal projects.
This issue must be taken into account in a comprehensive manner, in connection with the strategy for the establishment of economic activities and commercial development, and the disenclavement of neighbourhoods. In particular, the urban renewal project contributes to the access to employment of the residents of the neighbourhood through the application of the principles and objectives of the new national integration charter provided for in the I of Article 10-3 of Law No. 2003-710 of 1 August 2003 and approved by the Agency's Board of Directors, in conjunction with the city contract's guidelines on access to employment and training for neighbourhood residents and job management and skills.
5.3. The valorization of the memory of neighbourhoods
Urban renewal projects are a special moment in the history of these neighbourhoods. The establishment of a specific work of documentation of the history of the neighbourhood and the enhancement of the memory of the inhabitants is therefore essential for the appropriation of these projects by the latter. In line with the city contract's directions, the projects relating to the QPVs benefiting from a multi-year urban renewal agreement, can include the means necessary for the realization of actions to collect and valorize the history and memory of neighborhoods on the urban field, in connection with the inhabitants.
6. Operational piloting and feasibility of the project
6.1. Project management and the means mobilized
The project proponent designates a project director(s) whose responsibility is to pilot and ensure the operational conduct of the urban renewal project. Its functions are clearly affirmed by a letter of mission. Its positioning must allow it to be legitimate with external partners and to engage in cross-cutting all of the services of the ICP and the municipality involved in the implementation of the urban renewal project. It (She) relies on dedicated internal means (team, mission managers) and external ones (coordinator planner, urban coordination ordering mission - OPCU, support to mastery of work - AMO, aménageur), and on tools adapted to the conduct of the project and dimensioned in coherence with its issues.
The project owner also provides the project manager with internal or external means dedicated to the participation of the inhabitants and the accompanying of the change inherent in the urban renewal project.
The Agency appreciates in detail the ways and means for the piloting and operational conduct of the urban renewal project in number and quality. It checks the effectiveness of the device by expertizing it if necessary.
6.2. Organization of masters of work
Each owner who contributes to the urban renewal project has the responsibility to mobilize the dedicated means to implement the actions he has the responsibility and to ensure their sustainability in line with the management project - recruitments, use of external aid or internal restructuring.
The Agency considers each operator's ability to fulfill its commitments by expertizing it if necessary.
6.3. Feasibility and financial involvement of local partners
The urban renewal project involves all relevant local partners, the first among which the EPCI and the municipalities. They are led to mobilize their investment capacity as contractors and provide direct or indirect financial support. Common law credits must be sought on a priority basis, the Agency's credits complementing them. The multi-year Urban Renewal Convention acts multi-year programming of their financial participation and the sustainability of planned actions.
In a global cost approach, the project carrier ensures the operational and financial realism of these operational and financial programming (in investment and in operation). It seeks to optimize the financing plan and financial montages, including the revenue generated by the project and private investment. It conducts all necessary financial feasibility studies for this purpose.
The Agency ensures the consistency and financial sustainability of these programming prior to the signing of the multi-year urban renewal agreement.
When the financial situation of the CIPS or the municipality, as a contractor, warrants it, or the investment in its charge is very important in terms of its financial capacity, the Agency requests a thorough analysis of financial sustainability. The project must be conducted in the course of the project, prior to the signing of the multi-year urban renewal agreement. It has a retrospective dimension and a forward-looking dimension, and covers both the investment section and the operating section. It may, in connection with the municipality or ECI, be conducted by the Public Finance Branch (DGFiP) as part of the partnership between the Agency and the DGFiP. It allows the Agency to alert the project holder on the sustainability of the investments involved and to provide support to the Agency in questioning and optimizing the planned operational and financial arrangements. This analysis of financial sustainability is not final and should be monitored and updated regularly during the implementation of the multi-year urban renewal agreement.
6.4. The operational character of the project and the realism of its implementation schedule
The project proponent must carry out, in collaboration with the project owners, the preliminary studies guaranteeing the operational character of the urban renewal project and the realism of the implementation schedule. It anticipates the necessary modifications of the regulatory frameworks (PLU), identifies and manages the operational constraints (diagnostics networks, asbestos etc.), mobilizes the legal procedures of adequate operational urban planning and domaniality (coordinated development zone - ZAC, public utility declaration - DUP etc.), including in their coercive character.
The Agency assesses the relevance of the operational schedule that constitutes a contractual commitment to the signed multi-year urban renewal agreement.
1. General conditions for financing operations
1.1. Financial competitions awarded by the Agency
The Agency assigns financial competitions to the operations of the new National Urban Renewal Program (NPNRU) under section 9-1 of Act No. 2003-710 of 1 August 2003 and defined in section 2 of this title.
These financial competitions, programmed within a project prefiguration protocol and a multi-year urban renewal agreement, are awarded in the form of:
- subsidies distributed by the Agency;
- secured loans mobilizable and distributed by Action Housing in accordance with the terms provided for in the tripartite convention State - ANRU - EUSL Action Accommodation on the NPNRU.
The terms and conditions for the award of these financial contests are defined in section 5 of Title III of these Regulations.
As part of the prefiguration protocol for urban renewal projects, only engineering operations defined in section 2.1 of this title may be funded by the Agency.
On an exceptional basis, certain investment transactions may be funded under the pre-figuration protocol prior to the signing of the multi-year urban renewal agreement where the time frames for the development of the multi-year agreement are not consistent with the need to engage these transactions quickly. These investment operations funded under the prefiguration protocol are an integral part of the urban renewal project. These operations must be indisputable, operationally ready, and be consistent with the objectives and ambitions of the urban programme to decline in the multi-year convention, particularly in terms of achieving the objectives of territorial distribution and social balance of habitat.
As part of the Multi-Year Urban Renewal Agreement, all operations covered under this heading may be funded by the Agency. These transactions are included in an urban programme whose compliance with the admissibility criteria, defined under I of these Regulations, is assessed as a result of the project prefiguration protocol under the conditions set out in Part III of these Regulations. As stated in Article 3 of Title I of these Regulations, only comprehensive projects that aim to transform the neighbourhood through a global, urban, economic, social and environmental impact are funded. As a result, isolated operations cannot be either an urban renewal project funded by the Agency.
Pursuant to section 3 of the Act of 21 February 2014, the Agency provides funding to investment operations that contribute to the urban renewal of the neighbourhoods realized under this multi-year agreement. Operating expenditures related to investments are not eligible for Agency assistance.
Within multi-year conventions, the share of habitat-related operations must represent at least 50% of the Agency's financial competitions (shorting of social rental housing, recycling of degraded condominiums, recycling of degraded former habitat, replenishment of supply, requalification of social rental housing, residential residentization, ownership).
All funding provided by the Agency is based on a cost-free basis.
These funding may be subject to upward modulations with respect to the level of ambition and excellence projected in accordance with the terms and conditions set out in section 3.2 of this title.
The funding rates and packages defined in this title are defined as maximums set for operation by operation, by the Agency's engagement committee, or by the Agency's Director General when the urban renewal project is not subject to the review of the Agency's engagement committee, the project prefiguration protocol and the multi-year urban renewal agreement.
The provisions of this title shall apply to overseas departments except for those relating to the replenishment of social rental housing (Article 2.3.1 of this title), the requalification and residentialization of social rental housing (Articles 2.3.3 and 2.3.4.1 of this title), and the diversification of habitat by the accession to the property (Article 2.3.6 of this title). The Agency's intervention in overseas departments is carried out in conjunction with the Department of Overseas (MOM) and the NAAH in accordance with the objectives and terms set out in the MOM-ANAH-ANRU Convention on the implementation of the NPNRU.
The terms and conditions for the application of Part II of these General Regulations may be specified by instruction notes from the Director General of the Agency.
1.2. Starting operations
1.2.1. Date taken into account operational costs
The Agency's financial expenditures are taken into account as soon as the Agency's signature of the project prefiguration protocol for operations funded under this protocol, or of the multi-year urban renewal agreement for operations funded under this agreement, with the exception of certain expenditures whose eligibility dates are specified in the following articles of this title.
In the particular case of the prefiguration protocol for urban renewal projects and the multi-year urban renewal agreement reviewed by the Agency's engagement committee, the Agency's funding expenditures may be taken into account as of the date of the engagement committee.
1.2.2. Advance authorization to start an operation
On an argumented request (emergency character,...) from the project holder to the territorial delegate of the Agency, an advance authorization to start an operation may be granted by the engagement committee or the Director General of the Agency to the relevant contractor without the pre-judging authorization of funding of the operation by the Agency.
This early authorization to start an operation is formalized:
- as part of the project prefiguration protocol. In this case, it may permit the eventual consideration of the transaction under the multi-year agreement from the date of early start authorized by decision of the engagement committee or the Director General of the Agency;
- within the framework of the multi-year urban renewal agreement. In this case, it may allow the eventual consideration of the transaction concerned by the multi-year agreement from the date of early start authorized by decision of the engagement committee or the Director General of the Agency.
2. The nature of assisted operations
2.1. Engineering operations
2.1.1. General conditions of financing
The Agency grants the necessary engineering resources for the development, implementation and evaluation of the urban renewal project.
These include:
- studies and expertise to define the strategy, the urban program of the urban renewal project and the way in which the project conduct is organized in connection with the directions of the city contract;
- possible studies and expertise to clarify the urban programme;
- actions relating to the participation and co-construction of the urban renewal project;
- means to support change induced by the urban renewal project such as actions and missions relating to household rehousing, the history and memory of neighbourhoods on the urban field;
- the conduct of the project to define, coordinate and monitor all the operations carried out by the various contractors;
- other means of engineering required to support the urban renewal project, such as monitoring and evaluation missions.
These means of engineering may be co-financed by the Caisse des dépôts et consignations under the conditions set out in the CDC-ANRU Convention on the operational implementation of the State-CDC Convention 2014-2020 on urban renewal in the priority areas of the city's policy.
2.1.2. Studies, expertise and means to support projects
The Agency grants for the studies, expertise and support required for the development, implementation and evaluation of urban renewal projects:
- prior studies of social, urban, heritage, architectural, economic, environmental, legal... These include the diagnostics and strategic studies related to the urban and social functioning of the neighbourhood, the service of the neighbourhood especially in the public transport of quality and the mobility of the inhabitants, the energy and environmental issues (including the environmental approach of urban planning, specific studies on the development of renewable energy,...), the occupation of the social and private park, the building heritage (including asbestos diagnosis), the local real estate market and its potential (activities, ;
- urban and real estate programming studies, including "habitat" market studies, equipment programming, land transferability, trade programming and artisanal activities, etc. ;
- studies relating to the urban project, corresponding to the urban and real estate programming defined: neighbourhood plan, capacity studies, batch sheets, etc. ;
- studies and expertise to determine the conditions for the implementation of the operational project: development procedures, the need for public utility procedures, financial estimates of expenses and revenues, analysis of the financial sustainability of the municipality or the public institution of inter-communal cooperation owner, operational planning, etc. ;
- studies and expertise for the definition of the organization and the means for consultation, civic participation and co-construction of projects, as well as those on the history and memory of neighbourhoods on the urban field;
- missions to define the operational requirements of the urban renewal project in conjunction with other areas of the city's policy;
- the work-control assistance missions to launch and follow up on the pre-release studies and expertise for the definition of the urban renewal program and the implementation of the urban renewal project;
- on an exceptional basis, the mechanisms for the active security of the construction sites only in the implementation phase of the construction sites, indispensable in the case of a particularly difficult local situation in terms of security, on joint request of the construction owner and the project holder. Only the costs associated with active security within the land-lock of the projects concerned are eligible. The active security of public spaces or equipment, apart from a possible project phase funded by the Agency, is not funded by the Agency. In order to clarify the decision of the Agency's engagement committee, or the Director General of the Agency for Multi-Year Urban Renewal Conventions not subject to the review of the Agency's engagement committee, a notice from the Prefect is required from, inter alia, elements from the Departmental Directorate of Public Safety;
- missions related to the monitoring and evaluation of the urban renewal project;
- actions relating to the participation and co-construction of the urban renewal project. These include expenditures for the realization and dissemination of documents and materials, the organization of public meetings around the project and actions bringing together the relevant actors, in the first place of which the inhabitants, for the definition, implementation and evaluation of urban renewal projects;
- actions relating to the history and memory of neighbourhoods on the urban field concerned by a project on VPAs benefiting from a multi-year urban renewal agreement. These include expenses for the creation of film and documentary archives, the organization of exhibitions, the development of actions to collect and valorize the history and memory of the neighbourhood concerned by the urban renewal project, in connection with the inhabitants.
Grant plate:
The subsidy plate consists of the tax-free cost of eligible expenditures.
Subsidy rate:
The maximum subsidy rate applicable to the subsidy plate is 50% except for the last two shares provided for in this section. For operations carried out under the control of a work, possibly transferred, of a public inter-communal cooperation institution (EPCI) or a municipality, this rate may be revised upward in accordance with the Agency's aid modulation criteria defined in section 3.1.1 of this title.
With respect to the last two actions set out in this section, the maximum subsidy rate applicable to the subsidy plate is determined on the basis of the category to which the CIPO belongs or the municipality, owner of the operation or who has contractually transferred its master of work for the completion of the operation, in accordance with the criteria for modulation of the Agency's aids defined in section 3.1.1 of this title. For the last two shares, the amount of subsidy is capped at 50,000 euros per share and per neighbourhood concerned by an urban renewal project funded by the Agency.
2.1.3. Household support
2.1.3.1. Household support actions and missions
The Agency may grant a grant to a specific internal or external support system for households whose rehousing is made necessary as part of the urban renewal project and households whose housing is subject to a requalification funded by the Agency.
The following devices are subsidized by the Agency as long as they are not taken into account in the financing plates for the operations concerned (see articles 2.2.1 on the demolition of social rental housing, 2.2.2 on the recycling of degraded condominiums, 2.2.3 on the recycling of degraded old habitat, and 2.3.3 on the requalification of social rental housing):
- the social support actions of the households affected by the rehousing, of the type MOUS rehousing, which can go up to six months after the move when necessary;
- household support actions for new uses in housing following a relocation or requalification of social rental housing, up to six months after the relocation when necessary.
Grant plate:
The subsidized plate consists of:
- the non-tax cost of benefits provided by an HLM organization, by an interbenefit group, by the community or by a landlord;
- the lump sum of up to 95,000 euros per year and full-time for a post dedicated to the relocation and social support of households for the duration specified in the project prefiguration protocol or in the multi-year urban renewal convention. Only posts dedicated to at least 0.5 full-time equivalent to rehousing and household support are subsidized by the Agency. A flat-rate prorata (between 0.5 and 1) defined in terms of the forecast time for rehousing and accompaniment missions of the households concerned is applied to the subsidized posts. This lump sum includes wages, social expenses and structural costs (material costs, functional posts or not contributing to household rehousing and support, etc.).
Subsidy rate:
The maximum subsidy rate applicable to the subsidy plate is 50%. For operations under the control of a work, possibly transferred, of a CFEI or a municipality, this rate may be revised upward in accordance with the Agency's aid modulation criteria defined in section 3.1.1 of this title.
2.1.3.2. Household relocation with less rent
The granting of funding by the Agency is conditioned by the commitment of the contractors to ensure to households whose rehousing is made necessary by a quality rehousing operation funded by the Agency, taking into account, in accordance with the provisions of Article 4 of Title I of these Regulations, their needs and financial capacities as defined in the partnership agreement referred to in Article 8 of the Act of 21 February 2014.
In order to facilitate residential distances for these households in new or conventional social rental housing for less than five years, the Agency may grant a "rental allowance" to the HLM agency hosting the households concerned. Two conditions must be met:
- the final rehousing is carried out in the new social rental housing park or has been approved for less than five years;
- the rent entered in the lease of the relocated household is obligatoryly fixed to the maximum rent ceiling for the allocation of personalized assistance to the housing of the household concerned, as defined in article R 351-17-3 of the construction and housing code.
All commitments relating to rehousing of households with less rent are specified and followed in the context of the local management of rehousing in accordance with the terms defined in the partnership agreement referred to in Article 8 of the Act of 21 February 2014. They must be monitored throughout the project.
Formal amount of aid:
The rental allowance corresponds to a lump sum amount of assistance according to the type of housing per household permanently relocated:
| T1/T2 | 1 500 |
| T3/T4 | 4,000 |
| T5 and + | 5,000 |
The terms and conditions for the grant of the rental subsidy are specified by an instruction note by the Director General of the Agency.
2.1.4. The conduct of the urban renewal project
Regardless of the type of organization chosen by the project carrier for the conduct of the urban renewal project, all of the missions described below may be funded by the Agency. These are the internal means dedicated to the conduct of the project and the means of supporting the operational piloting of the project (assistance for the mastery of works and missions of type ordinance, steering and coordination - OPC - urban).
In addition, the Agency may provide, on an exceptional basis, grants for internal reinforcements to HLM organizations to ensure the internal coordination of their operational interventions, as well as inter-donor coordination, as appropriate, under the conditions set out below.
2.1.4.1. Internal means dedicated to the conduct of the urban renewal project
The Agency grants the internal resources necessary for the definition of the urban program, general conduct and operational conduct of the overall project.
These means may be internal to the project holder or constituted by a dedicated structure depending on it. A clearly identified entity within or attached to the project holder's organization chart for administrative and financial management is considered a dedicated structure.
Grant plate:
Only posts dedicated to at least 0.5 full-time equivalent to the development, monitoring and evaluation of the urban renewal project are subsidized by the Agency. A flat-rate prorata (between 0.5 and 1) defined with respect to the forecasting time for the urban renewal project(s) contained in the pre-figuration protocol and in the multi-year urban renewal agreement is applied to subsidized posts.
These positions relate to the job profiles necessary for the overall conduct of the project type responsible for project, project manager, operational manager, rehousing coordinator, integration coordinator, management coordinator, coordination mission, economic development mission manager, etc.
The grant plate is calculated on the basis of lump sums, for the duration of each position indicated in the project prefiguration protocol or in the multi-year urban renewal agreement. The lump sums, which include wages, social expenses and structural costs (material costs, functional posts or not contributing to the overall conduct of the urban renewal project, etc.), are as much as:
115 000 euros per year for a full-time urban project leader;
95,000 euros per year and full-time for any other profile.
Subsidy rate:
The maximum subsidy rate applicable to the subsidy plate is 50%. For operations under the control of a work, possibly transferred, of a CFEI or a municipality, this rate may be revised upward in accordance with the Agency's aid modulation criteria defined in section 3.1.1 of this title.
Where the conduct of the urban renewal project is pooled between several public works owners, EPCI and commune(s), the highest subsidy rate between public works owners, applicable in accordance with the Agency's aid modulation criteria defined in section 3.1.1 of this title, may be retained.
2.1.4.2. Support to operational piloting of the urban renewal project
The Agency may grant a grant to the necessary means of supporting the master's work with the project holder, dedicated to the operational piloting of the overall urban renewal project.
The Agency may also grant support to the piloting system necessary for the operational conduct of the urban OPC project (work ordering, action management, coordination of the urban project actors) to the project holder. The urban OPC can be a cross-cutting management tool that responds to the complexity of urban renewal projects.
Grant plate:
The subsidy plate consists of the mission's tax-free cost.
Subsidy rate:
The maximum subsidy rate applicable to the subsidy plate is 50%.
2.1.4.3. Internal coordination of HLM agencies
For HLM organizations engaged in a plan to consolidate or restore balance with the GLLS and for interventions carried out within the framework of areas of national interest, the internal strengthening needs of the organizations concerned to ensure the coordination of their operational interventions, but also the necessary interbenefit coordination, may result in funding from the Agency, in the context presented by the project holder and the relevant contractors. The Agency will be able to surround itself with the opinions it considers useful on these needs, in particular that of the social rental housing guarantee (CGLLS).
Only new ways in place to meet the implementation requirements of the urban renewal project(s) may be taken into account. The appropriateness of the Agency's assistance is determined based on the importance of the project(s), their size(s) and the financial situation of the relevant owner(s).
Grant plate:
Only the creation of an urban project coordination position, dedicated to at least 0.5 full-time equivalent to the implementation of Agency-funded operations, is subsidized. A lump-sum prorata (between 0.5 and 1) defined with respect to the forecasting time for the urban renewal project(s) contained in the prefiguration protocol and in the multi-year urban renewal agreement(s) is applied to the subsidized position.
The subsidy plate is calculated on the basis of a lump sum, for the duration of each post specified in the prefiguration protocol or in the multi-year urban renewal agreement. This lump sum, which includes salary, social expenses and structural costs (material costs, functional posts, etc.), is up to 95,000 euros per year for a full-time urban project coordinator.
Subsidy rate:
The maximum subsidy rate applicable to the subsidy plate is 50%.
2.2. Development operations
The Agency grants development operations that make it possible to recompose the land and the building, promote the mutability and evolution of the land over time, allow the soil to be prepared for their final destination and requalify the public spaces of the neighbourhoods. These operations must in particular contribute to the objectives referred to in Article 3.2 of Title I of these Regulations.
To enable the realization of the urban project, the Agency can subsidize the following types of operations from the development of a development assessment:
- the demolition of social rental housing;
- recycling of degraded condominiums;
- recycling of degraded old habitat;
- the overall layout.
The overall development operation may be preceded or incorporated demolition of social rental housing, or recycling of condominiums or degraded old habitat. Given the particularities of the various development operations (master's degree and/or different temporality,...), these operations can be subject to a separate subsidy plate to which a specific maximum subsidy rate will be applied.
The Agency's subsidy base consists of the limited scope (spatial, temporal, and operational) deficit of the operation defined in the multi-year urban renewal agreement. This perimeter must specify the contours of the land base taken into account for the expenses and revenues of the operation.
The temporal scope ends when all land transfers are completed. In order to facilitate the realization of complex transactions that can therefore be carried out over a long period of time, the payment of the "early balance" may be implemented as long as a specific return to better fortune clause for the benefit of the Agency is included in the multi-year agreement. The terms and conditions for the implementation of the "anticipated balance" for these transactions are specified by the Agency's Director General's instruction note and the Agency's financial regulations.
2.2.1. Demolition of social rental housing
The Agency's subsidies are granted for the demolition of social rental housing (LLS) belonging to moderate rented housing organizations (HLM), social donors, mixed economy companies (SEM), or other owners of rental housing in particular where rents are of the same order of magnitude as those of social rental housing contracts for personal housing assistance.
Pursuant to section 9-1 of Act No. 2003-710 of 1 August 2003, urban renewal projects must ensure a replenishment of the offer of demolished social rental housing that is compatible with the structural needs of social rental housing, particularly in local housing programs. For this purpose, the replenishment of the demolished social rental housing offer may be funded by the Agency in accordance with section 2.3.1 of this title.
Grant plate:
The subsidy plate consists of the tax-free deficit of the balance sheet of the transaction, which includes:
In expenditure:
- the costs of site analysis, studies and benefits required for the operation excluding expenses subsidized under section 2.1 of this heading relating to engineering operations;
- the possible costs of acquiring the buildings required for the operation validated by the engagement committee or by the Director General of the Agency, including the notarized costs, and any costs of transfers, expropriation and eviction of spaces of an associative or economic nature, provided that these costs do not fall under section 2.3.8 of this heading relating to the economic immobilier. In the event of a transfer by a CFEI or a common signatory to the multi-year urban renewal agreement to the owner of the transaction, the absolute value taken into account by the Agency is not more than that of the first acquisition by the transferor community;
- compensation for the net book value of the demolition building. This allowance is the amount of the actual net book value of the property as of December 31 prior to the date on which the intent file to be demolished is taken into account, as mitigated by the auditor. In the event of the purchase of assets or rehabilitation within five years before the commitment committee acting the financing of the transaction, or the date of the signing of the multi-year agreement for the transactions registered in projects not subject to the review of the Agency's commitment committee, the absolute value taken into account by the Agency is to the maximum the effective net book value of the building as of December 31 preceding the date of the acquisition of the property or the rehabilitation of
- compensation for loss of operation of a lump sum amount corresponding to eighteen months of average monthly rents paid out of the twelve months preceding the month of the date of consideration of the intent to demolish (PCDID). This lump-sum amount may be increased under the same conditions up to twenty-four months by the Agency's engagement committee, or by the Director General for multi-year urban renewal conventions not reviewed by the Agency's engagement committee, where the project is focused on strong ambitions for the quality of the urban program carried out as a result of the demolitions, as a quality of the rehousing meeting the objectives set out in section 4 of title I of these Regulations, and A structural average vacancy rate greater than or equal to 25 per cent does not qualify for inclusion in this allowance. The estimated structural average vacancy rate is as follows: the total number of dwellings that have been vacant for at least three months in the twelve months preceding either the first day of the month of the publication in the Official Gazette of the Order relating to these Regulations, i.e. the 1st day of the month of the date of the PCDID, reported on the total number of dwellings involved in the operation. It is for the relevant master of work to opt for one of the two dates above;
- a rehousing package of 3,000 euros per relocated household (lease holder and decontinant), awarded with reference to the social survey conducted upstream, including for temporary housing pending relocation in the new. This package allows to take into account the expenses of social investigations, the costs generated by the move and the installation of the household (including accommodation for rehousing), social support upstream, during and after the relocation. Relocations are taken into account on the date of the DIDCP, or on the date of the engagement committee - or on the date of the signing of the multi-year agreement for transactions in projects not subject to the review of the Agency's engagement committee - if they are after the date of the DIDCP;
- the costs of work that directly contribute to the demolition of social rental housing: the costs of demolition of housing and possible premises, the costs of remediation a minimum of land released by the demolition ("recruitment" of existing networks, summary pre-clearance management), and the preparatory costs necessary for the operation (such as passive security actions) ;
- a master's fee package for work in the amount of 10% of the cost of work;
- any other expenses validated by the engagement committee or by the Director General of the Agency.
Revenue:
- the valuation of land or immovable property is determined according to the destination of the property provided after the transaction. The expected minimum amount of this land-use development is defined in the multi-year urban renewal agreement in accordance with the following rules:
- for land or buildings intended for social rental housing, the flat value corresponds to the number of square meters of floor surface multiplied by the reference land value defined by the decree of 5 May 1995 on State subsidies and loans for the construction, acquisition and improvement of assisted rental housing;
- for land intended for the realization of public roads, or public spaces that are not assimilable to the constitution of land reserve, the flat value to the square meter of land is zero;
- for land or rights to be built for Action Housing in respect of counterparties, the flat value of assignment to the square metre of land or floor surface is null, in accordance with the tripartite convention State-ANRU-EUSL Action Housing relating to the NPNRU;
- for land or immovables intended for a local community or a landowner for the conduct of an overall development operation, public equipment or for the establishment of a land reserve, the value retained on the balance of the operation must be referenced to the value estimated by France Domaines;
- for land or buildings intended for another use, the value retained at the contracting stage corresponds to the estimated market value as it appears from the pre-analysis that allowed the feasibility of the transaction. On the balance of the transaction, the deducted final value will be the values of the actual assignments. However, the value retained by the Agency on the balance of the transaction may not be less than 90% of the overall forecast value for these lands and buildings at the contractualization stage.
For all lands or buildings not assigned to the balance of the transaction, the value retained will be the value estimated by France Domains according to the destination provided for in the multi-year urban renewal agreement;
- any other revenue validated by the engagement committee or by the Director General of the Agency.
Subsidy rate:
The maximum subsidy rate applicable to the subsidy plate is 70%. This rate may be increased to 80% by the Agency's Commitment Committee, or by the Director General for Multi-Year Urban Renewal Conventions not reviewed by the Agency's Commitment Committee, where the project has strong ambitions in terms of the quality of the urban program carried out following the demolitions, in terms of the quality of the rehousing meeting the objectives set out in section 4 of Title I of these Regulations, and the quality of the replenishing of the offer
On an exceptional basis, this rate may be adjusted upwards for HLM organizations in a fragile financial situation engaged in a plan with the Social Rental Housing Guarantee (CGLLS) in accordance with the Agency's aid modulation criteria defined in section 3.1.2 of this title.
2.2.2. Recycling of degraded condominiums
The purpose of the urban renewal project is to contribute to the overall requalification of the neighbourhood, and it must take into account, where appropriate, the specific issues of condominiums. In order to achieve effective treatment of fragile or in difficulty condominiums, NAAH and NANRU interventions are articulated and coordinated in accordance with the terms specified in the conventions linking the two NPNRU implementation agencies.
In this context, the ANRU grants operations to end the co-ownership unions as long as these operations are part of a strategy shared with NAAH and are consistent with the urban project.
These degraded condominium recycling operations include:
- operations for the transformation of co-ownership into monoproperty for social or private rental housing, business premises or public equipment;
- operations to demolish co-ownership and create valued land.
These transactions relate to real estate units whose recycling is justified because of their high technical degradation, their significant management difficulties or their decommissioning in the real estate market. In particular, they are part of the expropriation procedure justified by the lack of the co-owners' union or by the high degradation of the habitat.
Recycling of degraded condominiums registered in degraded condominium requalification operations (ORCOD) declared national interest as provided for by L. 741-2 of the Construction and Housing Code are not subsidized by the Agency, unless the Agency's Board of Directors is exceptionally exempted.
Urban renewal projects must allow the transformation of de facto social park into a social law park, a transformation that must be consistent with the structural needs of social rental housing, particularly in local housing programs. For this purpose, the replenishment of occupied dwellings in recycled condominiums may be financed by the Agency in accordance with section 2.3.1 of this title.
Grant plate:
The subsidy plate consists of the tax-free deficit of the balance sheet of the transaction, which includes:
In expenditure:
- the costs of site analysis, studies and benefits required for the operation, excluding expenses subsidized under section 2.1 of this heading relating to engineering operations;
- the costs of acquiring land and buildings, including notarized costs, and any transfer fees, expropriation and eviction of spaces of an associative or economic nature as long as these costs do not fall under section 2.3.8 of this heading relating to economic real estate. In the event of a transfer by a CFEI or a common signatory to the multi-year urban renewal agreement to the owner of the transaction, the absolute value taken into account by the Agency is not more than that of the first acquisition by the transferor community;
- a package for rehousing in the amount of 5,000 euros per relocated household (rent holder, homeowner, owner relocated), assigned in reference to the social investigation conducted upstream, including for temporary relocation pending relocation in the new. This package allows to take into account the expenses of social investigations, the costs generated by the moving and installing of the household, the social support upstream, during and following the relocation;
- the costs of work that directly contribute to the recycling of degraded condominium: the costs of construction and demolition of housing and possible premises, the remediation costs a minimum of the land released by the demolition ("recruitment" of existing networks, summary management of pre-clearance type), and the possible preparatory costs necessary for the operation (such as passive security actions,
- a master's fee package for work in the amount of 10% of the cost of work;
- a compensation package for the conduct of operations in the amount of 10% of the cost of work and acquisitions;
- porting fees such as co-ownership charges (current and exceptional costs related to work) and all costs generated by the possession and management of the goods carried (including taxes, taxes and insurance, management fees for real property, including rental management, and possible share of work on common parties);
- any other expenses validated by the engagement committee or by the Director General of the Agency.
Revenue:
- the valuation of land or immovable property is determined according to the destination of the property provided after the transaction. The expected minimum amount of this land-use development is defined in the multi-year urban renewal agreement in accordance with the following rules:
- for land intended for new social rental housing, the flat value corresponds to the number of square meters of floor surface multiplied by the reference land value defined by the decree of 5 May 1995 on State subsidies and loans for the construction, acquisition and improvement of assisted rental housing. For buildings intended for social rental housing in acquisition-improvement another flat value less than the reference land value may be retained in the multi-year agreement where it is shown that a reduction of this value is essential to the financial feasibility of the transaction;
- for land intended for the realization of public roads, or public spaces that are not assimilable to the constitution of land reserve, the flat value to the square meter of land is zero;
- for land or rights to be built for Action Housing in respect of counterparties, the flat value of assignment to the square metre of land or floor surface is null, in accordance with the tripartite convention State-ANRU-EUSL Action Housing relating to the NPNRU;
- for land or immovables intended for a local community or a landowner for the conduct of an overall development operation, public equipment or for the establishment of a land reserve, the value retained on the balance of the operation must be referenced to the value estimated by France Domaines;
- for land or buildings intended for another use, the value retained at the contracting stage corresponds to the estimated market value as it appears from the pre-analysis that allowed the feasibility of the transaction. On the balance of the transaction, the deducted final value will be the values of the actual assignments. However, the value retained by the Agency on the balance of the transaction may not be less than 90% of the overall forecast value for these lands and buildings at the contractualization stage.
For all lands or buildings not assigned to the balance of the transaction, the value retained will be the value estimated by France Domains according to the destination provided for in the multi-year urban renewal agreement;
- the proceeds of the possible rental of dwellings and premises, as well as any compensation received;
- any other revenue validated by the engagement committee or by the Director General of the Agency.
Subsidy rate:
The maximum subsidy rate applicable to the subsidy plate is 50%. When the owner acts on behalf of an IFEA or a municipality, falling under category 5 or 6 as defined in section 3.1.1 of this title, this rate may be increased in accordance with the Agency's aid modulation criteria defined in this section.
2.2.3. Recycling of degraded old habitat
The purpose of the urban renewal project is to contribute to the overall re-qualification of the neighbourhood and, where appropriate, take into account the specific issues of unworthy habitat and more generally of degraded old habitat. In order to achieve effective treatment of these issues, the NAAH and NANRU interventions are articulated and coordinated in accordance with the terms and conditions specified in the conventions linking the two NPNRU agencies.
In this context, the ANRU grants to the recycling operations of degraded former habitat as long as they are part of a strategy shared with the NAAH (implementation of an OPAH RU in particular) and are consistent with the developed urban project.
Recycling operations of degraded old habitat target islets concentrating situations of indignity or degradation of the strongest building. They relate mainly to habitat situations but may take into account premises with another function (commercial leases, artisanal premises) when necessary to treat degraded habitat.
These operations consist of:
- either in land-recycling operations (total or partial demolition of acquired buildings, to create valued land for a new use that it relies on habitat, equipment, public space, economic real estate...);
- either in real estate recycling operations (partial demolition work and comforting work making possible, following the sale of goods, a restructuring operation aimed at developing an attractive real estate offer).
They are part of expropriation procedures due to public utility justified by the development operation, the real estate restoration operation or by the situation of the property concerned (irremedial unwelcome, peril with final prohibition of residence, manifest state of abandonment...) or by the property owners (state of deficiency of the co-owners' union). They are articulated with the implementation of unworthy habitat control tools, including the police powers of the mayor and the prefect.
Urban renewal projects must allow the transformation of de facto social park into a social law park, a transformation that must be consistent with the structural needs of social rental housing, particularly in local housing programs. For this purpose, the replenishment of occupied dwellings in the recycled islands of degraded habitat may be funded by the Agency in accordance with section 2.3.1 of this title.
The Agency only funds these operations in urban renewal projects under review by the Agency's engagement committee.
Grant plate:
The subsidy plate consists of the tax-free deficit of the balance sheet of the transaction, which includes:
In expenditure:
- the costs of site analysis, studies and benefits required for the operation, excluding expenses subsidized under section 2.1 of this heading relating to engineering operations;
- the costs of acquiring land and buildings, including notarized costs and any expropriation allowances, taken into account up to 10 years before the date of the decision of the Agency's engagement committee validating the programming of the operation in the multi-year urban renewal agreement, and any costs of transfers, expropriation allowances and evictions of spaces of an associative nature as In the event of a transfer by a CFEI or a common signatory to the multi-year urban renewal agreement to the owner of the transaction, the absolute value taken into account by the Agency is not more than that of the first acquisition by the transferor community;
- a package for rehousing in the amount of 5,000 euros per relocated household (rent holder, homeowner, owner relocated), assigned in reference to the social investigation conducted upstream, including for temporary relocation pending relocation in the new. This package allows to take into account the expenses of social investigations, the costs generated by the moving and installing of the household, the social support upstream, during and following the relocation;
- the costs of the work that directly contribute to the recycling operation of the former degraded habitat: the costs of the remediation, total or partial demolition of the buildings, of restructuring and preparation for rehabilitation in the case of special installations leading, for example, to the production of social housing, the preparatory costs necessary for the operation (such as passive security actions of the housing and possible premises, the costs of the constructions
- a master's fee package for work in the amount of 10% of the cost of work;
- a compensation package for the conduct of operations in the amount of 10% of the cost of work and acquisitions;
- porting fees such as all costs generated by the possession and management of the goods carried (including taxes, taxes and insurance, costs of condominiums in the event of failure, costs of the management of the real property of which possible rental management, maintenance work and possible share of the work on the common parties);
- any other expenses validated by the engagement committee or by the Director General of the Agency.
Revenue:
- the valuation of land or immovable property is determined according to the destination of the property provided after the transaction. The expected minimum amount of this land-use development is defined in the multi-year urban renewal agreement in accordance with the following rules:
- for land intended for new social rental housing, the flat value corresponds to the number of square meters of floor surface multiplied by the reference land value defined by the decree of 5 May 1995 on State subsidies and loans for the construction, acquisition and improvement of assisted rental housing. For buildings intended for social rental housing in acquisition-improvement another flat value less than the reference land value may be retained in the multi-year agreement where it is shown that a reduction of this value is essential to the financial feasibility of the transaction;
- for land intended for the realization of public roads, or public spaces that are not assimilable to the constitution of land reserve, the flat value to the square meter of land is zero;
- for land or rights to be built for Action Housing in respect of counterparties, the flat value of assignment to the square metre of land or floor surface is null, in accordance with the tripartite convention State-ANRU-EUSL Action Housing relating to the NPNRU;
- for land or immovables intended for a local community or a landowner for the conduct of an overall development operation, public equipment or for the establishment of a land reserve, the value retained on the balance of the operation must be referenced to the value estimated by France Domaines;
- for land or buildings intended for another use, the value retained at the contracting stage corresponds to the estimated market value as it appears from the pre-analysis that allowed the feasibility of the transaction. On the balance of the transaction, the deducted final value will be the values of the actual assignments. However, the value retained by the Agency on the balance of the transaction may not be less than 90% of the overall forecast value for these lands and buildings at the contractualization stage.
For all land or immovables not assigned to the balance of the transaction, the value retained will be the value estimated by France Domains according to the destination provided for in the multi-year urban renewal agreement.
- the proceeds of the possible rental of dwellings and premises, as well as any compensation received;
- any other revenue validated by the engagement committee or by the Director General of the Agency.
Subsidy rate:
The maximum subsidy rate applicable to the subsidy plate is 50%. However, depending on the relative importance of irremediable or dangerous unsanitary immovables with demolition order or final prohibition of dwelling, and where the owner acts on behalf of an IFEE or commune, falling under category 5 or 6 as defined in section 3.1.1 of this title, this rate may be increased in accordance with the criteria for modulation of the Agency's aids defined in that section.
2.2.4. Overview
The Agency grants the overall development operations defined as the work that makes soils suitable for their final destination, such as network infrastructure or communication channels, and interventions on public spaces.
Do not enter in the framework of this section the residentialization work on the private outdoor spaces of the buildings (see article 2.3.4 of this title), as well as the work on the realization of the public transport on its own site.
Grant plate:
The subsidy plate consists of the tax-free deficit of the balance sheet of the transaction, which includes:
In expenditure:
- the costs of site analysis, studies and benefits required for the operation, excluding expenses subsidized under section 2.1 of this heading relating to engineering operations;
- the costs of acquiring land and buildings, including notarized costs, and any transfer fees, expropriation and eviction of spaces of an associative or economic nature as long as these costs do not fall under section 2.3.8 of this heading relating to economic real estate. In the event of a transfer by a CFEI or a common signatory to the multi-year urban renewal agreement to the owner of the transaction, the absolute value taken into account by the Agency is not more than that of the first acquisition by the transferor community;
- the costs of the work that directly contribute to the operation, such as: the costs of the construction work (roads and roads, public spaces, residential spaces on slabs, parks and gardens, parkings, playgrounds, works of art, "supporting" of existing networks, other), if any the costs of the construction demolitions as soon as they are not subsidized
- a master's fee package for work in the amount of 10% of the cost of work;
- a compensation package for the conduct of operation of 7% of the cost of work and acquisitions;
- any other expenses validated by the Agency's engagement committee or by the Agency's Director General.
Revenue:
- the valuation of land or immovable property is determined according to the destination of the property provided after the transaction. The expected minimum amount of this land-use development is defined in the multi-year urban renewal agreement in accordance with the following rules:
- for land or buildings intended for social rental housing, the flat value corresponds to the number of square meters of floor surface multiplied by the reference land value defined by the decree of 5 May 1995 on State subsidies and loans for the construction, acquisition and improvement of assisted rental housing;
- for land intended for the realization of public roads, or public spaces that are not assimilable to the constitution of land reserve, the flat value to the square meter of land is zero;
- for land or rights to be built for Action Housing in respect of counterparties, the flat value of assignment to the square metre of land or floor surface is null, in accordance with the tripartite convention State-ANRU-EUSL Action Housing relating to the NPNRU;
- for land or buildings intended for the conduct of a public equipment operation or for the establishment of a land reserve, the value retained on the balance of the operation must be referenced to the value estimated by France Domaines;
- for land or buildings intended for another use, the value retained at the contracting stage corresponds to the estimated market value as it appears from the pre-analysis that allowed the feasibility of the transaction. On the balance of the transaction, the deducted final value will be the values of the actual assignments. However, the value retained by the Agency on the balance of the transaction may not be less than 90% of the overall forecast value for these lands and buildings at the contractualization stage.
For all lands or buildings not assigned to the balance of the transaction, the value retained will be the value estimated by France Domains according to the destination provided for in the multi-year urban renewal agreement;
- any other revenue validated by the engagement committee or by the Director General of the Agency.
Subsidy rate:
The maximum subsidy rate applicable to the subsidy plate shall be determined on the basis of the category to which the PIC belongs or the municipality, owner of the operation or who has contractually transferred its master of work for the completion of the operation, in accordance with the criteria for modulation of the Agency's aids defined in section 3.1.1 of this title.
2.3. Real estate programmes
New constructions or renovations of buildings funded by the Agency under real estate programs must contribute to the objectives of the urban renewal project. This means that, at different levels, depending on contexts, the diversity of habitat, functional diversity and economic development in neighbourhoods, and the rebalancing of the social rental offer in intercommunal territory.
As noted in Title I of these Regulations, the Agency will be particularly vigilant in addressing energy and environmental issues in these programs. For example, operations involving elements to improve energy performance are considered as a priority and are encouraged by the Agency. In addition, a comprehensive energy approach at the neighbourhood level and/or by building according to the local context will need to identify, among other things, targets in terms of building performance, heat production and distribution and renewable energy mobilization, and to prioritize and differentiate interventions.
2.3.1. Replenishment of social rental housing
2.3.1.1. General terms and conditions for the replenishment of the offer
The Agency provides funding for the replenishment of the social housing supply abolished in the context of demolition operations (section 2.2.1 of this title) and heavy requalification (section 2.3.3 of this title) of social rental housing funded by the Agency, and for the reconstruction of the occupied de facto private park whose recycling of degraded private habitat (sections 2.2.2 and 2.2.3 of this title) has been funded. The rebuilding of social rental housing in overseas departments is not funded by the Agency.
The objectives of re-enactment of the social rental offer, and of the production of a rental housing offer, at the scale of the agglomeration, are determined from a thorough diagnosis to identify the current supply, to characterize the dynamics of the housing market, and to assess the housing needs of the households and employees affected by the urban renewal project.
In accordance with Article 9-1 of Act No. 2003-710 of 1 August 2003, the production of social rental housing funded under the new national urban renewal program is carried out in the urban units to which the neighbourhoods concerned by this program belong.
The programming of the replenishment of the social rental offer (volume, typology, products, location, calendar) in the multi-year urban renewal agreement must ensure a replenishment of the offer as appropriate to the local context that corresponds to the needs of the affected households, the structural needs of social housing and the objectives set out in the local housing programs (PLH) in relation to the local housing market and the structural vacancy in the local housing market. This programming must be carried out in conjunction with the new offer funded under common law.
In addition, the location of the replenishment of the offer is to be determined according to the objectives of geographic rebalancing at the scale of the agglomeration, particularly with regard to low-rent housing, and with regard to the differentiated territorial characteristics in terms of economic, demographic and housing market dynamics. To promote social diversity, it will be located outside the priority areas of the city (QPV) and out-of-QPV neighbourhoods that have been the subject of the National Urban Renovation Program (PNRU), as well as municipalities whose share of social rental housing (LLS) in the housing park is more than 50%, except the specific context argued. It must also be carried out near areas of employment and urban animation, public transport, community services, and must help to limit urban spread. A specific review of the derogatory cases to the rules defined above will be conducted by the Agency's engagement committee to allow partners to follow up on them.
On an exceptional basis, in view of a specific context that it will belong to the project holder and to the local actors concerned to explain its particularism, a part of the replenishment of the offer of deleted social rental housing can be located within the areas concerned by an urban renewal project. The level of habitat diversification in the neighbourhoods following the project will require a rebalancing of the social housing supply within the neighbourhood housing park.
In order to compensate for the low-rent offer abolished in the context of the urban project, and to contribute to the rebalancing of low-rent housing in the territory of the agglomeration, it will be sought an objective of at least 60% of replenishment of the offer in the form of housing in PLAI. The mix of products must be preferred in these replenishment operations.
The organization of the replenishment of the offer is in line with the inter-communal partnership agreement defined in section 8 of the Act of 21 February 2014.
2.3.1.2. The funding modalities for the replenishment of the offer
Pursuant to Article 14-1 of Law No. 2003-710 of 1 August 2003, the aids granted by the ANRU to finance the construction, the acquisition followed or not of works of improvement of social rental housing are assimilated to the aids of the State provided for in Book III of the Construction and Housing Code for the granting of loans and for the application of Article L. 351-2 of
The replenishment of the social rental housing supply in urban renewal projects can be carried out in housing financed from leasing for social use (PLUS) or in leasing assisted with integration (PLAI).
Method of granting the financial contest:
In accordance with the Tripartite Convention State-ANRU-EUSL Action Housing on the NPNRU, the ANRU assigns financial competitions in the form of:
- secured loans mobilizable and distributed by Action Housing for the reconstruction of the offer of social rental housing in PLUS;
- secured loans mobilizable and distributed by Action Housing and grants distributed by the Agency for the reconstruction of the social rental housing offer in PLAI.
The Agency's financial competition is a lump sum amount of support for reconstituted housing based on the nature of the operation (nine or acquired-improved), the product (PLUS or PLAI) and the geographic area in which the housing is built (reference DHUP for the notification of credits on the LLS-GDV line of program 135 for 2014). This includes two components: main funding and land overload funding.
The amount of this financial contest shall be awarded in the following manner:
Formal amount of assistance for main funding:
The main funding assistance is provided by new housing with a lump-sum loan amount and a lump-sum amount of subsidy shown in the table below:
| 1 : Large IDF pole | 6 700 | 12 500 | 9 900 |
| 2 : IDF Large Pole Crown | 6 700 | 9 000 | 7 200 |
| 3 : Main Corsica poles, PACA, RA | 6 700 | 9 000 | 7 200 |
| 4: Other major poles | 6 700 | 7 900 | 6 300 |
| 5: Other communes | 6 700 | 7 900 | 6 300 |
The financial conditions of secured loans are fixed so that:
- for enhanced loans financing MORE operations: the subsidy equivalent cannot be less than 45%;
- for enhanced loans financing PLAI operations: the subsidy equivalent cannot be less than 53%.
The subsidy equivalent of these secured loans is defined on the basis of the actuarial equivalence formula listed in Annex 2 to the EUSL Action Housing Convention of 2 December 2014 and recalled in Annex 2 to this Regulation.
The minimum rates of subsidy equivalent defined above shall be revised in accordance with the terms set out in the Tripartite Convention State - ANRU - EUSL Action Housing relating to the NPNRU and shall be valid for the period covered by the Tripartite Convention referred to above. In the event that these elements are amended in the tripartite convention, this regulation is amended accordingly.
The financial characteristics of secured loans (duration, annual nominal rates and floor rates, possible depreciation) are set by EUSL-Action Housing directive.
This lump sum amount of housing assistance for main financing can be increased for acquisitions-improvement of social rental housing with respect to their market environment and heritage characteristics (especially location in a protected area under the Heritage Code). The lump-sum amount of housing assistance for acquisition operations - an improvement incorporating this increase cannot be more than twice the lump-sum amount indicated for the new one.
Formal amount of land overload assistance:
A lump-sum amount of land overload assistance is allocated in a complementary manner to the lump-sum amount of the main funding assistance provided to the above-defined social rental housing replenishment operations where these operations are located outside the priority areas of the city's policy and outside the scope of the urban renewal project.
On an exceptional basis, this lump-sum amount of land overload assistance may be awarded upon validation of the Agency's engagement committee, or of the Agency's Director General for Multi-Year Urban Renewal Conventions not subject to the review of the Agency's engagement committee, for transactions registered within the scope of the urban renewal project and in the event of specific technical constraints that are the incremental costs associated with foundation work or the building
The land overload assistance corresponds by new housing to a lump sum amount of secured loan and a lump sum amount of subsidy shown in the table below:
| 1 : Large IDF pole | 16 700 | 5 700 | 4 500 |
| 2 : IDF Large Pole Crown | 10 000 | 3 400 | 2 700 |
| 3 : Main Corsica poles, PACA, RA | 6 700 | 2 300 | 1 800 |
| 4: Other major poles | 5 600 | 1 900 | 1 500 |
| 5: Other communes | 0 | 0 | 0 |
The financial conditions of secured loans are fixed so that:
- for enhanced loans financing MORE operations: the subsidy equivalent cannot be less than 45%;
- for enhanced loans financing PLAI operations: the subsidy equivalent cannot be less than 53%.
The subsidy equivalent of these secured loans is defined on the basis of the actuarial equivalent formula listed in Annex 2 to the EUSL Action Housing Convention of 2 December 2014 and recalled in Annex 2 to this Regulation.
The minimum rates of subsidy equivalent defined above shall be revised in accordance with the terms set out in the Tripartite Convention State - ANRU - EUSL Action Housing relating to the NPNRU and shall be valid for the period covered by the Tripartite Convention referred to above. In the event that these elements are amended in the tripartite convention, this regulation is amended accordingly.
The financial characteristics of secured loans (duration, annual nominal rates and floor rates, possible depreciation) are set by EUSL-Action Housing directive.
This lump-sum amount of housing assistance for land overload can be increased for social rental housing acquisitions-improvement transactions in terms of their market environment and heritage characteristics (especially in a protected area under the Heritage Code). The lump-sum amount of housing assistance for acquisition operations - an improvement incorporating this increase cannot be more than twice the lump-sum amount indicated for the new one.
2.3.2. Production of a temporary rehousing offer
The Agency may grant subsidies for the acquisition and/or development of existing premises intended or not initially for housing to temporarily relocate persons affected by demolition (public and private) or heavy requalification of their housing. In overseas departments, assistance is granted in accordance with the terms set out in the ANRU - MOM - ANAH Convention.
The temporary rehousing of persons required for the implementation of the project can only take place on an exceptional basis, upon validation of the Agency's engagement committee, or of the Agency's Director General when the urban renewal project is not subject to the review of the Agency's engagement committee, due to the technical requirements of the work site, the danger to which household health or safety is involved.
Grant plate:
The subsidy plate includes the following non-tax expenditures:
- the potential costs of acquiring existing premises;
- the costs of realizing the development of existing premises as well as the possible internal arrangement for providing basic comfort to tenants;
- the costs of social support actions related to temporary accommodation;
- the costs of carrying out any dependencies intended to ensure conditions of life and decent comfort for the occupants;
- costs and benefits directly attributable to the transaction.
The subsidy plate is capped to an amount of:
- 30,000 euros excluding taxes per accommodation unit in the case of the acquisition and development of existing premises;
- 15,000 euros excluding taxes per accommodation unit in the case of the development of existing premises.
Subsidy rate:
The maximum subsidy rate applicable to the subsidy plate is 40%.
2.3.3. Requalification of social rental housing
2.3.3.1. General conditions for financing the requalification of social rental housing
The Agency provides funding to social rental housing requalification operations that are part of a comprehensive urban strategy and aim to sustain heritage with intrinsic qualities. These operations meet the environmental requirements in force, including energy performance, while ensuring that tenants are under control.
The Agency's financially funded social housing requalification operations consist of all the works and engineering required to rehabilitate social rental housing, their cellars and common areas including halls, as well as the premises promoting selective sorting and parking under the control of the building.
Only requalification transactions with an amount of more than 10,000 euros excluding taxes per dwelling, and which obtain a minimum the label "high energy efficiency renovation" 2009 (HPE renovation) as defined in the Order of September 29, 2009, are funded by the Agency.
These operations cannot be limited to mere upgrades.
As part of a comprehensive study, a thorough technical diagnosis is systematically carried out under the responsibility of the owner. This diagnosis must include assessing the urban potential of buildings, the quality of use of housing (existing and potential), the energy performance of buildings, ventilation systems, heating and production of sanitary hot water, and must give rise to preconizations on the ambition of housing requalification. These should be understood in coherence with:
- the urban strategy, and particularly the objectives of habitat diversification and the environmental approach at the neighbourhood level;
- the master's heritage strategy, taking into account a multi-criterion analysis of the situation and potential of each of the buildings concerned in their urban context, using, where appropriate, the strategic heritage plan (PSP) of the HLM construction agency;
- the energy strategy at the neighbourhood level.
The overall study must also include a simulation of the repercussion of the costs of the requalification of the foreseeable buildings on rents and expenses. It shall allow a relevant programme of work for the reduction of targeted energy consumption and to promote the reduction or control of tenant expenses. This work must not lead to a significant increase in the leave of tenants who hold a lease when performing requalification. These elements are an integral part of the procedures for consultation with tenants prior to the requalification operation.
In order to promote good ownership by tenants of requalified dwellings the owner must present the accompanying measures that will be implemented following the operations.
2.3.3.2. Financing of the requalification of social rental housing
Pursuant to Article 14-1 of the Act of 1 August 2003, the subsidies granted by the Agency to finance the rehabilitation of social rental housing as well as the rehabilitation of housing structures, transitional establishments or housings, housing homes or hotel residences for social purpose are assimilated to the aids of the State provided for in Book III of the code of construction and housing for the granting of loans-2
In accordance with the tripartite convention State-ANRU-EUSL Action Housing on the NPNRU, the ANRU assigns financial competitions for the requalification of social rental housing in the form of:
- secured loans mobilizable and distributed by Action Accommodation;
- grants distributed by the Agency.
These financial contests are awarded as follows:
Method of calculating the bonus loan:
The enhanced loan volume represents 60% of the total investment amount of the transaction concerned decreased from the amount of the subsidy awarded by the Agency.
The financial conditions of secured loans financing requalification of social rental housing are determined in such a way that the subsidy equivalent cannot be less than 28%.
The subsidy equivalent of these loans is defined on the basis of the actuarial equivalent formula listed in Annex 2 to the EUSL Housing Convention of 2 December 2014 and recalled in Annex 2 to this Regulation.
The minimum rate of subsidy equivalent defined above is revisable in accordance with the terms set out in the Tripartite Convention State - ANRU - EUSL Action Housing relating to the NPNRU and is valid for the period covered by the Tripartite Convention referred to above. In the event that these elements are amended in the tripartite convention, this regulation is amended accordingly.
The financial characteristics of secured loans (duration, annual nominal rates and floor rates, possible depreciation) are set by EUSL-Action Housing directive.
Method of calculating the grant:
Grant plate:
The subsidy plate incorporates all the costs excluding taxes related to the operation: the requalification work, including the asbestos work, the possible adaptation and connection costs of the building to the networks, the master's fees, the certification and labelling for energy and environmental performance, the rehousing in the case of heavy housing restructuring on the basis of a global package accompanied by 3000 euros per
Subsidy rate:
The subsidy rate is modulated by non-tax cost brackets for the housing operation under the requalification program approved by the Agency.
The marginal subsidy rate per tranche is:
- 0% for the cost bracket below 10,000 euros per accommodation;
- 10% for the cost bracket greater than 10,000 euros per accommodation.
On an exceptional basis, this rate can be adjusted upwards for fragile financial HLM organizations engaged in a plan with the GLLS in accordance with the Agency's aid modulation criteria defined in section 3.1.2 of this title.
Operations with the BBC Renovation 2009 label result in an increase in the marginal financing rate of 10 points for the cost bracket of more than 10,000 euros per dwelling.
2.3.4. Residentization of housing
The Agency provides funding for development work on the private outdoor areas of the housing building with the aim of establishing a clear distinction between the external public space and the private space of rental housing buildings with a social purpose and co-ownership in difficulty to improve their residential quality.
2.3.4.1. Residentization of social rental housing
The Agency provides funding to operations on delimitation of properties, outdoor areas of buildings, and outdoor parking spaces. In the particular case where the social rental housing unit is not the subject of a requalification operation funded by the Agency referred to in section 2.3.3 of this title, work on a significant change in the configuration of buildings and premises promoting selective sorting may be funded by the Agency under the residentialization of social rental housing.
The programming of these operations shall take into account the issues identified for the neighbourhood in terms of ecological transition and usage, and shall be carried out in connection with the proposed management in accordance with section 5.1 of title I to this Regulation. Tenant associations must be consulted upstream of any residentization operation.
Financing plate:
The subsidy base consists of non-tax expenditures relating to the eligible residentization operation, including the cost of possible land acquisitions required for the operation, the cost of resident work, the cost of master's fees, and the cost of operating expenses, excluding financial costs.
Funding rate:
The maximum funding rate for the subsidy base is 40%. On an exceptional basis, this rate can be adjusted upwards for fragile financial HLM organizations engaged in a plan with the GLLS in accordance with the Agency's aid modulation criteria defined in section 3.1.2 of this title.
2.3.4.2. Residentization of degraded condominiums
In accordance with the Conventions linking the NPNRU and the NPNRU for the implementation of the NPNRU, the Agency may grant subsidies to residential work that is part of a restructuring operation of degraded condominium spaces and equipment or complex real estate units carried by the co-owners' union or by the management body of the complex real estate set.
This operation must be part of a strategy shared with NAAH. It must be consistent both with the urban project developed at the neighbourhood level and with the other interventions programmed on the co-ownership or complex real estate package (e.g., activities listed under OPAH Co-ownership, Backup Plan or ORCOD).
Subsidized works are those that improve the quality and residential operation of spaces and equipment. In these categories of work, the delimitation of properties may be carried out following a split or a restructuring of the real estate set, the development of outdoor spaces for collective use, the development of outdoor parking spaces and the restructuring of the equipment of the condominium or the complex real estate set. The expenses concerned should not benefit from the NAAH assistance.
Grant plate:
The subsidy base consists of non-tax expenditures related to the eligible residentization operation, including the cost of potential land acquisitions required for the operation, the cost of resident work, the cost of master's fees, and engineering costs, including legal elements related to the preparation of the residentization operation.
Subsidy rate:
The maximum subsidy rate applicable to the subsidy plate is 50%. When the transaction is part of a co-property OPAH, a Backup Plan, or an ORCOD carried by an EPCI or a class 5 or 6 municipality defined in section 3.1.1 of this title, this rate may be increased in accordance with the Agency's aid modulation criteria defined in this section.
2.3.5. Massive porting actions in degraded condominiums
In accordance with the Conventions linking the NPNRU and NPNRU for the implementation of the NPNRU, the Agency may grant subsidies to massive porting operations in degraded condominiums. These operations must be part of a strategy shared with NAAH. They must be consistent both with the urban project developed at the neighbourhood level and with the other interventions programmed on the condominium(s) (especially in the context of Backup Plans or ORCOD).
These massive porting operations aim to improve the operation of the condominium and to regulate the real estate market during the realization of the urban renewal project. They are based on the massive acquisition of housing and premises and their long-term porting. At the end of the operation, as a result of a possible restructuring and based on the objectives and impacts of the urban renewal project, the housing and the premises will be used for new use (social rental housing, accession housing, private rental housing, tertiary premises...).
The Agency's assistance will be based on the analysis of the elements presenting:
- the economic and financial feasibility of the operation (including batch operating conditions and resale scenarios);
- its viability in terms of its articulation with the urban project and other planned actions on condominium;
- the financial capacity of the economic operator carrying the risk to the end of the operation.
The massive porting operations listed in ORCODs declared to be of national interest as provided by L. 741-2 of the Construction and Housing Code are not subsidized by the Agency, unless the Agency's Board of Directors is exceptionally exempted.
These transactions may also be registered as part of a reinforced interim administration of the condominium, as provided for in Article L. 29-11 of Act No. 65-557 of 10 July 1965 establishing the status of the condominium of the built buildings.
Grant plate:
The subsidy plate consists of the forecast deficit excluding tax from the balance sheet of the operation, with:
In expenditure:
- the costs of the studies and benefits required for the operation excluding the expenses subsidized under section 2.1 of this heading for engineering operations;
- the costs of acquisitions of condominium lots, including notarized fees and any transfer fees, expropriation and eviction of associative or economical spaces provided that these costs do not fall under section 2.3.8 of this economic real estate title. In the event of a transfer by a CFEI or a common signatory to the multi-year urban renewal agreement to the owner of the transaction, the absolute value taken into account by the Agency is not more than that of the first acquisition by the transferor community;
- a package for rehousing in the amount of 5,000 euros per relocated household (rent holder, homeowner, owner relocated), assigned in reference to the social investigation conducted upstream, including for temporary relocation pending relocation in the new. This package allows to take into account the expenses of social investigations, the costs generated by the moving and installing of the household, the social support upstream, during and following the relocation;
- the costs of the work carried out on the common areas necessary for recovery, and financed by the owner of the operation;
- a master's fee package for work in the amount of 10% of the cost of work;
- a compensation package for the conduct of operations and an amount of 10% of the cost of work and acquisitions;
- transportation costs such as passive security costs, maintenance costs of accommodations and worn premises, co-ownership charges (current and exceptional costs related to work), and all costs generated by the possession and management of the goods carried (taxes, taxes and insurance, management fees for real property, which may be rented);
- any other expenses validated by the engagement committee or by the Director General of the Agency.
Revenue:
- the products of the possible rental of housing and premises;
- grants collected for work on private parts or on common areas;
- the property valuation of the subsequent assignment of the condominium or lots. The expected minimum amount of this land use is defined in the multi-year urban renewal agreement. This amount is determined on the basis of the destination of the assets provided after the transaction. It includes:
- for buildings intended for social rental housing in acquisition-improvement another flat value less than the reference land value defined by the decree of May 5, 1995, relating to State subsidies and loans for the construction, acquisition and improvement of assisted rental housings, may be retained in the multi-year agreement in the event that it is shown that a reduction of this value is essential to the financial feasibility of the operation
- for goods intended for another use, the value retained at the contracting stage corresponds to the estimated market value as it appears from the preliminary analyses that have allowed to establish the feasibility of the transaction. On the balance of the transaction, the determinable value will correspond to the values of the actual assignments of the goods carried, and for the non-deceased property, to the value estimated by France Domains according to their destination (rents for rental, social or free accession, other), if this value is greater than the minimum contracted value. However, the value retained by the Agency on the balance of the transaction may not be less than 90% of the overall forecast value for these lands and buildings at the contractualization stage;
- any other revenue validated by the Agency's engagement committee or by the Agency's Director General.
Subsidy rate:
The maximum subsidy rate applicable to the subsidy plate is 50%. When the owner acts on behalf of an IFEA or a municipality, falling under category 5 or 6 as defined in section 3.1.1 of this title, this rate may be increased in accordance with the Agency's aid modulation criteria defined in this section.
2.3.6. Diversification of habitat in the neighbourhood: ownership
In order to contribute to the diversification of housing in the neighbourhoods, to improve the residential paths of households living in the neighbourhoods, and to facilitate the implantation of households outside the neighbourhoods, the Agency grants to property-accession operations located within the urban renewal neighbourhoods. Ownership transactions in overseas departments are not funded by the Agency.
The objectives of home ownership housing production are determined in the multi-year urban renewal agreement based on a thorough diagnosis to identify the current supply, to characterize the dynamics of the housing market, and to assess, in particular, the needs of households affected by the urban renewal project that may access the property.
The programming of home ownership housing production (volume, typology, product, target audience, location, calendar) must be articulated with all urban program operations in order to allow the development of an offer that is best suited to needs.
The granting of Agency grants is subject to the following conditions:
- the accession operation must be carried out by a master of work - a legal person - who carries out housing to assign them to natural persons who undertake to occupy them as a principal residence for a minimum of five years, except mobility in case of force majeure. A specific clause detailing this obligation and the terms and conditions for questioning the benefit of the subsidy granted by the Agency must be retransscribed in each notarized acquisition act. This specific clause is defined by an instruction note from the Director General of the Agency;
- the selling price of these acceding dwellings cannot exceed the ceiling set by the joint decree of the ministers responsible for the budget, the economy and the housing concerning the sale of housing in the accession operations of the organizations to the moderate rent provided for in Article R. 443-34 of the code of construction and housing, diminished of the subsidy of the Agency of which the owner benefited;
- the characteristics of the subsidized accession operation (localization, number of dwellings, forecast schedule of realization, projected level of energy performance, target audience, selling prices of housing...) must be specified in a specific agreement relating to the subsidized accession operation linking the owner of the operation, the ECI or the community carrying the urban renewal project and the Agency. The elements of this specific convention are incorporated into the multi-year urban renewal agreement if they are known at the time of signature of the latter or are subsequently incorporated into the next entrant. The specific type of convention is defined by instruction note from the Director General of the Agency.
Formal amount of aid:
The grant for the acquisition of the property is set at a maximum lump sum of 10,000 euros per dwelling. In order to promote the delivery of quality operations and to facilitate the marketing of such transactions, this amount can be increased to 15,000 euros per accommodation. Action Lodging operators implementing the considerations provided for in Article 6 of Title III of these Regulations may benefit from this assistance.
2.3.7. Functional diversification in the neighbourhood: local public equipment
The Agency grants only public or community-based equipment development and extension operations, benefiting primarily from the inhabitants of neighbourhoods under a multi-year urban renewal agreement, such as school, sports, social, cultural equipment, helping to improve the lives of the inhabitants of the target neighbourhoods. The realisation of the house of the project referred to in the III of section 9-1 of Act No. 2003-710 of 1 August 2003 is eligible for the Agency's funding for facilities of proximity. As an exception, renovation work can be funded by the Agency. Simple upgrade work is not financial.
These equipment must contribute to the attractiveness and residential quality of the neighbourhoods concerned. The programming of local public equipment must be linked to the programming of housing operations (demolition, requalification, and replenishment of social rental offer, recycling of degraded private habitat, ownership, etc.).
Grant plate:
The subsidy plate consists of the cost of non-tax expenditures of the transaction including:
- acquisitions of land and buildings, including notarized fees. The acquisition by the owner of a land owned by the project holder (EPCI or commune) is not supported by the Agency;
- the land development work (demolition and other preparatory costs required for the operation) where they do not fall within the meaning of section 2.2 of this title;
- construction, extension, and rehabilitation of nearby equipment;
- the elements of furniture inseparable from the equipment of proximity that is considered in the multi-year urban renewal agreement;
- the master's fees for work of a lump sum of 10% of the cost of work;
- directly related services (such as passive security costs for work, moving costs in case of transfer, certification and labelling costs for energy and environmental performance) excluding financial costs, operating costs and communications costs;
- on an exceptional basis, by a decision of the Agency's engagement committee, or the Director General of the Agency for Multi-Year Urban Renewal Conventions not subject to the review of the Agency's engagement committee, the rental costs of the temporary structures necessary for the reception of the activity in the event of the rehabilitation or transfer of nearby equipment.
Subsidy rate:
The maximum subsidy rate applicable to the subsidy plate shall be determined on the basis of the category to which the PIC belongs or the municipality, owner of the operation or who has contractually transferred its master of work for the completion of the operation, in accordance with the criteria for modulation of the Agency's aids defined in section 3.1.1 of this title.
2.3.8. Functional diversification in the neighbourhood: economic real estate
The urban renewal project meets the objectives of the city contract to promote functional diversity, revitalization and diversification of the commercial supply and services of the neighbourhoods. He also participates in economic development, in business creation, in access to employment.
The Agency grants to operations for the creation and reorganization of economic and commercial activity spaces, and, where applicable, on common areas of commercial condominiums to respond to ambitious requalification strategies. These spaces are understood to be the tertiary real estate hosting economic activities (services, crafts, trade, industry).
The recipient of the Agency's grant is the owner of the real estate that receives rental income.
The Agency intervenes if the advanced operating conditions do not allow for the financing of the investment to be made to create or restructure the equipment because of the need for the contractor to deal with the existing situation (demolition, depollution, eviction,...), or to practice management (operating) conditions appropriate to the attractiveness to be exercised in respect of certain types of activities. The unity of ownership of buildings with an economic vocation will be sought as a priority.
The Agency's assistance will be based on the analysis of the elements guaranteeing:
- the relevance of market analysis, equipment design and commercial programming;
- the adequacy of the operation with the economic development strategy or the business structure of the relevant scope;
- the economic and financial feasibility of the operation;
- the conditions of a permanent management of real estate;
- dialogue with the inhabitants and the involvement of the economic partners.
Grant plate:
The subsidy plate corresponds to the non-tax deficit of the investment of the transaction resulting from the difference between the investment cost and the market value of the created property, as detailed below.
The cost of the investment is expenses:
- analysis of the site, studies and services required for the operation (such as security costs dedicated to the work, certification and labelling costs for energy and environmental performance);
- acquisition of land and buildings or net book value of the property to be requalified;
- transfer or deviation;
- demolition, creation, restructuring and rehabilitation of commercial centers or economic cells;
- of master's fees;
- conduct of operations and remuneration;
- any other expenses validated by the Agency's engagement committee or by the Agency's Director General, such as interim porting fees for the completion of the operation.
The market value of the created property is calculated from the annual face rent of the equipment (total of annual rental income, excluding recovered expenses), determined on the basis of the feasibility studies of subsidized economic real estate, on which is applied a gross rental rate expected for the operation. A theoretical gross rental return rate of 10% will be taken into account to determine the market value of the property. A different rate can be determined in the multi-year urban renewal agreement if the analysis of the pre- studies related to the barge area (size, potential), the quality of existing companies (capacity, know-how, health), operational hardness (transfers, legal status), and the urban and architectural quality of the project (visibility, accessibility, functionality) justifies it. A rate above 12% will require an agreement from the Agency's engagement committee, or the Agency's Director General for Urban Renewal Conventions not subject to review of the Agency's engagement committee.
For the following particular cases, the subsidy plate is made up of expenditures excluding investment taxes:
- in the case of intervention on the common commercial real estate parts of a co-ownership carried out by a owner of the trade union of co-owners, the subsidy plate shall consist only of the investment expenses incurred on the common parties given the absence of rental revenues (the market value of the property is zero);
- in respect of business elbows and nurseries, when the animation fee does not allow a positive operating result to be released, and/or the rental income is equivalent to service benefits, the market value of the property is therefore zero. The owner must maintain the subsidized economic real estate for this use at least 10 years.
Subsidy rate:
The maximum subsidy rate applicable to the subsidy plate shall be determined on the basis of the category to which the PIC belongs or the municipality, competent in economic development, in accordance with the criteria for modulation of the Agency's aids defined in Article 3.1.1 of this title.
2.3.9. Other investments in urban renewal
In accordance with section 3 of the Act of 21 February 2014, the Agency will exceptionally be able to provide funding for any other investments that contribute to the urban renewal of neighbourhoods. The Agency's Board of Directors will validate the specific funding terms and conditions for these operations (nature of the assisted operation, subsidy plate and subsidy rate).
3. Agency aid modulation criteria
When the Agency's assistance is flexible, the Agency is assessed according to the conditions set out below.
General conditions:
The modulation of Agency aids is granted on favourable advice:
- of the Agency's NPNRU engagement committee for pre-figuration protocols and multi-year urban renewal conventions that it considers in accordance with the procedures for the investigation of records defined in Article 3 of Title III of these Regulations;
- the Director General of the Agency for Prefiguration Protocols and Multi-Year Urban Renewal Conventions not subject to the review of the Agency's engagement committee in accordance with the procedures for the investigation of records defined in section 3 of Title III of these Regulations.
This modulation, explicitly included in the pre-figuration protocol and in the multi-year urban renewal agreement, may relate to the subsidy rate or the amount of the allocated lump sum assistance.
3.1. The modulation of the aids granted to the owners
3.1.1. The modulation of aids awarded to the public works masters EPCI and communes
3.1.1.1. The aid modulation criteria
In accordance with section 3 of the City and Urban Cohesion Programming Act of February 21, 2014, the Agency's assistance to public intercommunal co-operation institutions (EPCI) and municipalities takes into account their financial situation, their fiscal efforts and the wealth of their territories.
Thus, a classification of the EPCI on the one hand, and municipalities on the other, is carried out according to these different criteria, to assess the manoeuvring margins they have in relation to each other in order to contribute to the financing of the operations of the urban renewal project that they manage.
For CFEI, this relative classification is performed by mobilizing the following criteria:
(a) The tax situation of the ICP:
- aggregate financial potential: the greater the aggregate financial potential of ECI is important, the less the ANRU assists ECI;
- coefficient of mobilization of the tax potential: the more important the mobilization coefficient of the tax potential of ECI is the more important the ANRU assists ECI;
- average income: the greater the average income of ECI residents, the less the ANRU helps ECI.
(b) The financial situation of ECI:
- medium indebtedness capacity over the last three years: the greater the number of years required for the indebtedness of ECI is important, the more the ANRU assists ECI;
- crude self-financing rate: the more important it is, the less the ANRU helps EPCI.
Based on these criteria, IFEs are classified within 6 categories. An instruction note by the Director General of the Agency specifies the classification method of the CFEI, including the specific terms for overseas CFEs.
The class engagement committee in one of these categories newly created CFEI for which the above synthetic index could not be calculated in the absence of data. This ranking is then made on the basis of the initial budget voted by the organization.
For municipalities, this relative classification is done by mobilizing the following criteria:
(a) The tax situation of the commune:
- financial potential: the greater the financial potential of the commune is the less the ANRU helps the commune;
- tax effort: the greater the tax effort of the commune is the more important the ANRU helps the commune;
- average income: the higher the average income of the inhabitants of the commune is the less the ANRU helps the commune.
(b) The financial situation of the commune:
- medium indebtedness capacity over the last three years: the greater the number of years required for the indebtedness of the commune, the more the ANRU helps the commune;
- crude self-financing rate: the more important it is, the less the ANRU helps the commune.
Based on these criteria, municipalities are classified within 6 categories. An instruction note by the Director General of the Agency specifies the method of classification of municipalities, including specific terms and conditions for overseas municipalities.
3.1.1.2. Modulation of Agency Maximum Aids
When the Agency's assistance is calculated on the basis of the class to which the contractor belongs, the Agency's funding is based on the application of a maximum subsidy rate, depending on the owner's ownership of the following 6 categories:
- Category 1: maximum subsidy rate of 10% of the plate;
- Category 2: maximum grant rate of 15% of the plate;
- Category 3: maximum grant rate of 25% of the plate;
- Category 4: maximum subsidy rate of 35% of the plate;
- Category 5: maximum grant rate of 50% of the plate;
- Category 6: maximum subsidy rate of 70% of the plate.
The Agency's engagement committee may grant a change in the rate of subsidy to the increase within 15 points:
- on the basis of an in-depth analysis of the financial sustainability of the investment for the PIC or the municipality concerned (see Article 6.3 of Title I of this Regulation), this analysis may take into account the classification of the commune under the synthetic index of resources and expenses defined in Article L. 2334-17 of the General Code of Territorial Communities (CGCT) which allows to identify the communes benefiting from the provision of urban solidarity and of
- depending on the inter-communal fiscal and financial solidarity in accordance with the terms specified by the instruction note of the Director General of the Agency.
These rates can be adapted, particularly within the framework of complementarities between the Agency's funding and those of other potential funding providers (departmental and regional councils, etc.).
The rate applicable to public works owners can also be applied to funding plates when:
- ECI or the municipality has contractually transferred the control of the operation for the realization of the transaction concerned;
- the operation is part of a co-ownership OPAH, a backup plan, or an ORCOD carried by an EPCI or a commune;
- the nature of the operation falls within its jurisdiction.
3.1.2. Modulation of the aids granted to the owners of HLM organisms
Aids granted by the Agency may be adjusted upwards when the demolition of social rental housing (Article 2.2.1 of this title), requalification of social rental housing (Article 2.3.3 of this title), or residentization of social rental housing (Article 2.3.4.1 of this title) is conducted under the control of a HLM organization with signs of financial fragility.
The HLM organizations seeking to benefit from this modulation are subject to an in-depth financial analysis and a forecast scenario that incorporates the impact of the urban renewal project, instructed, as part of the procedures of the Social Housing Guarantee Fund (CGLLS), with the federation of which they are members.
The HLM organization can only benefit from a subsidy from the Agency with a higher rate for its financial situation if the analysis of the GLLS concludes to the fragility of this situation.
In this case, the Agency may grant an increase in the funding rate under the following conditions:
- 10 points maximum when the HLM organization engages in a consolidation plan with the CGLLS;
- 20 points maximum when the HLM organization engages in a balance recovery plan with the CGLLS.
3.2. Modulation of the aids granted to the urban renewal project with regard to the level of ambition and project excellence
Only projects that aim to transform the neighbourhood through a global, urban, economic, social and environmental impact are funded by the Agency. These projects need to be included in the main objectives of the ICC on March 6, 2015 to better distribute the social park in the territories and thus contribute to the rebalancing of habitat by reconstituting the demolished social housing outside the ICP, and by promoting habitat diversification within the territories. Aids granted by the Agency can be subject to upward modulations for urban renewal projects that are part of a logic of excellence on these themes.
Thus, by decision of the Agency's engagement committee, or the Agency's Director General for Multi-Year Urban Renewal Conventions not subject to review of the Agency's engagement committee, the Agency's assistance may be increased on each of the operations families within 15% of the funding provided to the operation.
The character of excellence, whether social, economic, environmental or organizational, must be demonstrated by the project holder who seeks the increase of aid. The terms and conditions for the application of this assistance increase are specified by an instruction note from the Director General of the Agency.
The multi-year agreement signed with the Agency will include indicators and targets to be achieved at the end of each of the operations concerned (including certifications and labelling to be obtained with respect to energy and environmental performance). The payment of the increase in aid is conditional on the achievement of the objectives set out in the multi-year agreement.
The provisions described in this title may be specified by instruction notes from the Director General of the Agency.
1. Recipients of the Agency's financial contests
Can benefit from the Agency's financial assistance to the territorial authorities, relevant public inter-communal cooperation institutions and public or private bodies that conduct operations that contribute to the urban renewal of the districts eligible for its intervention within the framework of the NPNRU, with the exception of national administrative public institutions whose State subsidies are the main resource.
2. Contractual documents: city contracts, prefiguration protocols for urban renewal projects and multi-year urban renewal conventions
The commitments linking the Agency, the project holder and the beneficiaries of the aids under an urban renewal project are formalized in three contractual documents.
2.1. City contracts
City contracts are provided forArticle 6 of Act No. 2014-173 of 21 February 2014. They formalize, at the inter-communal level, the policy pursued in favour of the priority areas of the city's policy defined in section 5 of this Act.
They "set the guidelines and the framework for the passing of the conventions referred to in the I of Article 10-3 of Law No. 2003-710 of 1 August 2003 (conventions called "multi-year urban renewal conventions"). As such, city contracts are based on a global diagnosis, identify neighbourhoods that can be the subject of an urban renewal project co-financed by the Agency and develop an intervention strategy for the future of these neighbourhoods that guides the definition of urban renewal projects. They do not have financial commitments from the Agency.
2.2. Prefiguration protocols for urban renewal projects
The project prefiguration protocols specify the objectives pursued under the life framework pillar and urban renewal of city contracts for the areas identified as being subject to an urban renewal project co-financed by the Agency. They cover all of the neighbourhoods located within the same EPCI, whether they are of national or regional interest.
The pre-figuration protocols stop the detailed programme of work necessary to achieve a (or) operational urban renewal project(s). They may include funding by the Engineering Operations Agency included in this work program, and exceptionally, where applicable, investment operations under Part 1.1 of Part II of these Regulations. The duration of the prefiguration protocol shall be based on the programme of work needs.
Pre-figuration protocols are consistent with a model adopted by the Agency's Board of Directors.
2.3. Multi-year urban renewal conventions
Multi-year Urban Renewal Agreements set out the contractual objectives of operational projects and provide for the financing of operations to support these projects. These multi-year conventions are consistent with a model adopted by the Agency's Board of Directors.
May be concluded:
- a multi-year national urban renewal convention: for conventions concerning at least one national area of interest;
- a multi-year regional urban renewal agreement: for conventions covering only areas of regional interest.
3. Investigation of records
The contractualization of prefiguration protocols and multi-year urban renewal conventions requires the handover of a file to the Agency, triggering the instruction for the signature of the contract document.
The prefiguration protocol and multi-year urban renewal conventions file include all documents as detailed in the annexes to these Regulations. Each of these files is filed with the Agency's territorial delegate, who instructs it in accordance with Decree No. 2004-123 of 9 February 2004.
The admissibility of a file is assessed by the Agency's territorial delegate in relation to the criteria for the admissibility of the projects referred to in Title I, and the instruction is provided on the basis of the evidence, advice and information collected during the investigation.
3.1. Investigation of project files involving at least one national area of interest
For draft pre-figuration protocol and multi-year agreement, which concerns at least one area of national interest, the file instruction is provided by the territorial delegate of the Agency under the authority of the Director General of the Agency, with the support of a territorial mission officer of the Agency who ensures the homogeneity of the instruction in its territory.
In order to instruct the file, the territorial delegate may collect, where necessary, the opinions of the regional association of HLM agencies, the regional management of the Caisse des dépôts et consignations, or any other relevant actor in relation to issues such as the local delegations of the NAAH, ADEME, EPARECA, and the territorial service of architecture and heritage. The opinion of the Regional Delegate for Action Housing, on taking into account, in particular, the issues relating to the housing of employees in the urban renewal project, is forwarded to the territorial delegate of the ANRU.
It may also consult with any qualified person whose notice is useful to him for the instruction.
The territorial delegate of the Agency shall forward the file, together with the advice of the representative of the State in the department, to the Director General of the Agency, for the referral of the NPNRU Commitment Committee.
The file is the subject of a pre-examination, as part of a partnership working meeting (PRT), by the Agency's partners in the presence of the ANR territorial delegate. The Committee notes the comments made during this meeting with the sponsor of the project.
The president of the ECI and the mayor(s) concerned, or their representatives, first present their file on the draft prefiguration protocol, and then in a second time their file on the draft multi-year urban renewal convention, before the Agency's NPNRU engagement committee. The Agency's engagement committee on NPNRU examines it and issues a notice to be taken into account (prefiguration protocol and multi-year urban renewal agreement). The Board of Directors of the Agency or, by delegation, the Director General of the Agency, approves contractual documents involving the Agency's financial competitions.
3.2. Instruction of other files
As part of the budget-developed envelope, the territorial delegate investigates project files relating solely to areas of regional interest. In accordance with Article 3 of Title I of these Regulations, only comprehensive projects that aim to transform the neighbourhood through a global, urban, economic, social and environmental impact are funded. As a result, isolated operations cannot be either an urban renewal project funded by the Agency.
When the Agency's forecast financial competitions are less than seven million euros per quarter, the preparation of the multi-year regional urban renewal agreement does not require the Agency's NPNRU's commitment committee. On the other hand, if the Agency's forecasting financial competitions under these conventions exceed this threshold of €7 million per quarter, a pre-examination in RTP by Agency partners, in the presence of the Agency's territorial delegate, is required as well as a validation of the Agency's NPNRU engagement committee.
An assessment of the multi-year regional urban renewal conventions does not require an opinion from the Agency's engagement committee (the Agency's forecasted financial competitions below seven million euros per quarter) is conducted annually by the ANRU and presented to its board of directors. On the basis of this assessment, the board of directors may decide to change the amount of the financial competitions beyond which a pre-trial review by the Agency's partners, in the presence of the territorial delegate, is necessary as well as a validation of the NPNRU engagement committee.
In all cases, the opinion of the Regional Delegate of Action Housing, on taking into account, in particular, the issues relating to the housing of employees in the urban renewal project, is forwarded to the territorial delegate of the Agency.
For these projects, prefiguration protocols and multi-year urban renewal conventions are signed by the Director General of the Agency or, by delegation, by the territorial delegate of the Agency.
4. Communication of documents and information, on-site control
Project holders and recipients of the Agency's financial competitions provide the documents and information that the Agency considers to be the production necessary for the investigation of files, payments, monitoring and evaluation of projects.
The Agency may conduct or conduct any control on-site or on-site for the exclusive needs of the investigation of records, the verification of the performance of commitments or the evaluation of urban renewal projects. Those responsible for conducting these controls are authorized by the Director General of the Agency.
5. The award and payment of the Agency's financial contests
5.1. Granting and payment of grants
The granting and payment of grants is implemented by the territorial delegate of the Agency and the accounting officer of the Agency under the conditions provided for in the Decree No. 2004-123 of 9 February 2004 amended as well as under the conditions set out in the Financial Regulations of the NPNRU.
The latter defines the terms and conditions for granting credits by attributive decision of subsidy (DAS), payment and control of the Agency's grants.
5.2. The grant and payment of bonus loans
The grant and payment of the enhanced loans are implemented in accordance with the State-ANRU-EUSL Housing Action Convention on the NPNRU.
The Agency grants an attributive loan decision (PAD) that allows the mobilization of bonus loans and their distribution by Action Housing.
Payment of loans by Action Housing is made in accordance with the rules set out in the above-mentioned agreement.
6. The counterparts for Action Housing: contributions to the mix
The considerations for Action Housing aim to promote the diversity of habitat by bringing a new population of employees and thus reducing inequalities in the NPNRU's QPVs. They are realized in connection with and after the Agency-funded urban renewal investments, which make the land development project and the image change credible and operational. These counterparties contribute to reducing the concentration of households in difficulties in the same neighbourhoods in accordance with the objectives of the interdepartmental committee for equality and citizenship of 6 March 2015.
The counterparts for Action Housing (contributions promoting diversity) will rely on two supports:
- land or rights to be built from the land development of the VPAs benefiting from a multi-year urban renewal agreement signed with the Agency;
- and booking fees for social rental housing in and out of the VPAs benefiting from a multi-year urban renewal agreement signed with the Agency.
These counterparties for Action Housing are detailed and implemented through multi-year urban renewal conventions. The ANRU's engagement committee, in order to take into account urban issues and the context of economic, demographic and housing market dynamics, particularly in terms of housing needs for employees, appreciates the quality of the urban development project carried by the community, and its impact on attractiveness after renewal. To do this, the engagement committee will have a contextualization tool built jointly between the State, the Agency and Action Housing. The contextualization method will be detailed in an instruction note by the Director General of the Agency.
On this basis, Action Housing will define with project holders the dimensioning of the location, typology and timing of liberation and mobilization of counterparties.
These considerations for Action Housing are implemented in all multi-year urban renewal conventions as follows.
6.1. Land cross-parts (terrain or building rights)
Method of calculating the volume of land considerations:
The considerations made available to Action Housing under the Urban Renewal Agreement represent an average of 25% of the building rights (developable net floor surface) generated by the operations financed by the Agency at the NPNRU scale (all of the urban renewal projects contracted with the Agency).
These rights take the form of free-of-charge land and transferred in full ownership to Action Housing or to an operator he or she has designated upon release.
Modulation of these volumes according to three broad categories of territorial dynamics:
As a national average of 25% in land considerations, it will be possible for Action Housing to modulate its claims for counterparties on the basis of three pivotal rates taking into account the different territorial characteristics in terms of economic, demographic and housing market dynamics.
- for neighbourhoods located in a highly dynamic territory: 30 per cent pivotal rate (tenth negotiating mark);
- for neighbourhoods in a globally dynamic territory: 25 per cent pivotal rate (tenth negotiating mark);
- for neighbourhoods located in a lowly dynamic or declining territory: 20 per cent pivotal rate (10-point negotiating mark).
Lands or rights to be built are part of a comprehensive urban project and in a building program that can be multiple beneficiaries. In the case that the project proponent would find, after consulting with proponents or unaided investors, that they would be likely to fully achieve the objectives of diversity of habitat favouring diversity, it is left the possibility that all land counterparties can be implemented exclusively by these operators. In this case and in order to stabilize the contractual commitments of the multi-year agreement, the project holder must require the formal commitment of the selected operator(s) on prices, quantities, deadlines for completion, without suspensive condition. In addition, the developed programme should include at least 30 per cent of rent-free rental housing.
By the end of the prefiguration protocols for urban renewal projects, using the contextualization tool defined above, the Agency's engagement committee validates the neighbourhood's membership in one of the three categories of territorial dynamics presented above.
Nature and typology of developed products:
Real estate programs for diversity of habitat favouring diversity, favour the installation of households with incomes above resource ceilings. On land items of counterparts for Action Housing, any type and range of products may be developed with the exception of social rental housing.
Modalities for the identification and contractualization of land considerations:
The project owner, in connection with the contractors of the operations funded by the Agency that produce rights to be built (developable net floor surface), undertakes to contractually define in agreement with Action Housing in an annex to the multi-year urban renewal agreement the land considerations for Action Housing. At this stage, land considerations will have to specify the landowners concerned, the percentage of the net floor area allocated for considerations on the same land, and the forecasting schedule for disposal.
6.2. Social rental housing booking fees
Method of calculating the volume of social rental housing booking fees and the duration of these rights:
The counterparties for Action Housing are mainly intended to allow the housing of employees in the VPAs concerned by an urban renewal project.
The counterparties in terms of social rental housing represent not more than 12.5 per cent of the total number of built and requalified housing, funded by the Agency in each multi-year urban renewal agreement of the NPNRU. Reservations are granted for a period of 30 years.
Modalities for the identification and contractualization of the booking rights of social rental housing:
The project owner, in connection with the HLM agencies in the territory concerned, is responsible for identifying considerations for Action Housing in relation to the booking rights of social rental housing. The project holder undertakes to contractually define in agreement with Action Accommodation in an annex to the multi-year urban renewal agreement the booking rights granted to Action Accommodation. These booking fees are defined taking into account the orientations of the inter-communal housing conference scheduled for theArticle 97 of Act No. 2014-366 of 24 March 2014. At the time of signing of the multi-year agreement, booking fees will have to be limited by HLM agency and contributory reserve agency, indicating for each the volume of housing, a principle of location (in the area concerned by the urban renewal project, apart from the neighbourhood but in QPV, excluding QPV), qualitative criteria on the forecasting of housing provided to Action Housing for terms similar to those of other reservatology.
Each contributor indicated in the schedule referred to above shall be obliged, upstream of the provision of the re-qualified social rental housing and the delivery of the re-qualified social rental housing receiving the financial assistance of the Agency, to formalize the booking rights granted by the lessor to Action Housing or returned to Action Housing by the initial owner of the relevant contingent, in an ad hoc agreement between Action Housing and the reserving party.
As such, the terms and conditions of booking must comply with the following rules:
- regarding the booking rights available to Action Housing for requalified social rental housing, or by derogation reconstituted in the QPV, and funded under the multi-year agreement:
All booking rights negotiated for re-qualified or reconstituted housing in the VFQ under the multi-year agreements will be within the buildings concerned. All public quotas, as well as non-reserved housing of social donors, in proportion to their relative share in the operations concerned, may be mobilized for these reservations for a period of 30 years from the date of delivery of the rehabilitation operation or the date of availability of the accommodation for the re-establishment of the offer.
For requalification operations, vacant accommodations on the date of delivery of the transaction will be included in the accommodations on which Action Housing will exercise its right of reservation as a matter of priority;
- relating to the booking fees for housing built under the replenishment of the offer and funded under the multi-year non-IPV agreement:
Within the framework of the NPNRU, with the exception of reconstituted dwellings are located outside of the VPAs. As a result, booking fees apply to the non-QPV replenishment share contracted in the multi-year agreement. Contingents of local authorities and their groupings, as well as non-reserved housing from social donors, may be mobilized for these reservations outside of the VPA. These reservations are granted for a period of 30 years from the date of availability of the accommodation.
6.3. Monitoring and piloting of counterparties for Action Housing
An assessment of the availability of these counterparties is made annually by the Agency and presented to its Board of Directors.
The Agency shall ensure compliance with the obligations relating to considerations for Housing Action, and in the event of non-compliance, it shall implement the provisions of section 7.2 of this title.
7. The consequences of non-compliance
7.1. General principles relating to the consequences of non-compliance
The breaches of the contractual commitments made by the project holder and the contractors under the pre-figuration protocols and multi-year urban renewal conventions, particularly with regard to the urban programme, rehousing and considerations for Action Housing, are the subject of an analysis of their causes and consequences, which are carried out by the Director General of the Agency, based on his territorial delegate. The Director General of the Agency shall, where appropriate, take the advice of the Agency's engagement committee on the NPNRU, direct or seize, if necessary, the Board of Directors of the Agency.
The Director General of the Agency may then decide:
- the solemn reminder to the project holder and the contractors of their contractual commitments;
- the implementation of compensatory measures;
- suspension of payments for one or more contractors;
- the reduction of the financial competitions awarded by the Agency in the prefiguration protocol or in the multi-year urban renewal agreement, even if they relate to an object different from that given to the finding, which may involve the partial or total reimbursement of the Agency's financial competitions;
- the review of the prefiguration protocol or the multi-year urban renewal agreement, possibly calling for the signature of an actor;
- suspension or even termination of the prefiguration protocol or the multi-year urban renewal agreement.
The decision is brought to the attention of all signatories to the prefiguration protocol or the multi-year urban renewal agreement.
7.2. The consequences of non-compliance with contractual obligations relating to considerations for Action Housing
Compliance with contractual commitments relating to land considerations and social rental housing booking rights in favour of Action Housing is controlled by the Agency's territorial delegate at various stages of granting and paying subsidies, as well as in the course of project development. Compliance with these counterparties is appreciated in the operational progress of the urban renewal project contracted with the Agency.
These controls include the implementation of contractual counterparties in the specific schedule for considerations for Action Housing to multi-year urban renewal conventions in accordance with Article 6 of Title III to these Regulations:
- effective sale of land (number of m2 of expanded net floor surface, location,...);
- deliveries of reconstituted and requalified social rental housing (reservation fee volume, location, mobilised quotas...).
The deficiencies found by the Agency's territorial delegate, or by the Regional Delegate for Action Housing, to the contractual commitments made by the project holder and the relevant contractors for the considerations for Action Housing, are the subject of an analysis of their causes and consequences due by the Director General of the Agency, based on his territorial delegate.
The Director General of the Agency may take the advice of the Agency's engagement committee on the NPNRU, decide directly or seizes, if necessary, the Board of Directors of the Agency.
The Director General of the Agency may then decide:
- the solemn reminder to the project holder and the contractors concerned by the considerations for Action Accommodation of their contractual commitments;
- the implementation of compensatory measures;
- suspension of payments for one or more contractors;
- the reduction of financial competitions awarded by the Agency under the prefiguration protocol or the multi-year urban renewal agreement, which may involve the partial or total reimbursement of the Agency's financial competitions;
- the review of the prefiguration protocol or the multi-year urban renewal agreement, possibly calling for the signature of an actor;
- suspension or even termination of the prefiguration protocol or the multi-year urban renewal agreement.
The decision is brought to the attention of the project holder and the relevant contractors. The procedures for monitoring and monitoring compliance with the considerations granted to Action Housing will, if applicable, be specified by an instruction note by the Director General of the ANRU.
The amounts recovered by the Agency under this section are an integral part of Action Housing's contribution to NPNRU funding.
8. The evolution of projects
8.1. Monitoring of projects
8.1.1. Project reviews
To monitor the implementation of the urban renewal project, a project review is organized each year. This project review, led by the Agency's territorial delegate, allows to measure in itinere the achievement of the objectives set out in the Multi-Year Urban Renewal Agreement, to share the progress of the various operations, to specify the project schedule, to identify possible shortcomings or blockages, to monitor compliance with the commitments of the partners. It helps to identify elements that can lead to the signature of an actor. It brings together all signatories to the multi-year urban renewal agreement. The methodology for these project reviews is specified by an instruction note from the Director General of the Agency.
8.1.2. Step points
Mid-term multi-year conventions, then in preparation for the completion of projects, milestones allow for evaluations. In particular, they aim to assess the effectiveness and relevance of the project in terms of its unavoidable objectives and the approaches to supporting change, the quality of the project's governance in terms of its scope, coherence with the implementation of the city contract. The terms and conditions for carrying out these milestones are specified by an instruction note from the Director General of the Agency.
8.2. Change of projects
Changes in pre-figuration protocols and multi-year urban renewal conventions may require an avender, instructed under the same conditions as the development of the pre-figuration protocol or the multi-year urban renewal agreement. Such changes may include changes in inter-communal structuring in the territory of neighbourhoods affected by urban renewal projects. In addition, as a result of a multi-year regional urban renewal agreement to increase the Agency's forecasting financial competitions beyond the threshold of seven million euros per quarter, the project will have to be submitted to the Agency's NPNRU Engagement Committee.
Minor developments do not affect the general economy of the projects and the technical changes to the contractualization, such as a change in ownership, do not require the realization of an advent to the contractual document. The modalities for the implementation of these minor developments and these technical changes are specified by an instruction note by the Director General of the ANRU.
8.3. Closing the multi-year convention
No later than eighteen months before the start date of the last multi-year operation, a project review is being conducted to ensure the project's successful completion conditions. It can be complemented by the completion of a step point to question the impacts of the project on the evolution of the neighbourhood and to prepare the commitment by the project holder of a local strategic plan.
An advent may then be developed to bring together the necessary conditions for the finalization of the project. This award will be instructed and contracted according to the procedure described in 8.2 of this title.
9. Application of the General Regulations
The application of these general regulations shall take effect from the date of publication in the Official Gazette.
Annexes
Annex 1
The content of the presentation files for the signature by the ANRU of prefiguration protocols and multi-year conventions of urban renewal projects
I. - The content of the submission files for prefiguration protocols
The file to be submitted to the Agency includes the City Contract Project and the supporting documents of the Urban Renewal Project Prefiguration Protocol as set out below.
1. Presentation of context
1.1. Presentation of the context of agglomeration
The file includes elements related to:
- the presentation of the agglomeration and the location of the priority areas of the city's policy within it;
- the presentation of habitat agglomeration context;
- a synthetic presentation of the broad directions planned at the scale of the agglomeration notably by SCOT, PLH, and PLUi.
1.2. Presentation of the diagnosis of neighbourhoods
The file includes diagnostic elements related to:
- the presentation of the main socio-demographic data of the neighbourhoods by placing them in the context of agglomeration;
- the detailed presentation of the operation of the neighbourhoods, in terms of urban planning, housing, access to public services and a commercial offer of proximity, service in public transport and access to the employment poles of the agglomeration. This presentation aims to describe the urban dysfunctions of the neighbourhoods and to identify the assets they have;
- identification of the architectural, urban and landscape characteristics of the neighbourhoods (conception, realization and major qualities, evolutions and current state). Confronted with the previous elements, they provide a complete analysis of the neighbourhood and develop a comprehensive project strategy, as effective as possible, based on existing qualities and targeting the resolution of observed malfunctions.
This shared diagnosis is based on possible assessments, local strategic plan(s) and other local forward-looking work. It takes into account, where appropriate, the achievements of completed or ongoing urban renovation projects.
2. The presentation of the integrated territorial project of the city contract and the objectives of the urban component of the city contract
The file outlines the various components of the integrated territorial project of the city contract and the responses proposed in this context to the observed social and urban dysfunctions, with the aim of better integrating neighbourhoods into the rest of the territory.
It includes:
- a synthetic note showing the vocation and role of neighbourhoods at ten or fifteen years and the strategic directions for achieving them;
- a presentation of the articulation of the strategic directions of the urban part of the city contract with the agglomeration policies, including:
- the policies of the habitat declined in the PLH (repartment of the social housing offer, allocation policy and relocation principles,...) and in the intercommunal convention provided for in theArticle 8 of Act No. 2014-173 of 21 February 2014 ;
- the SCOT, the PLU, the CDT in Ile-de-France, the project of economic development of agglomeration, the policy of transport and mobility (PDU) ;
- intervention policies on private habitat in difficulty (degraded condominiums, unworthy habitat control);
- where appropriate, a note outlining the changes to urban planning tools in order to take into account the directions of the city contract;
- a presentation note of the first operational objectives pursued under the urban component of the city contract by neighbourhood. These objectives may be contracted to term with the ANRU as part of the Multi-Year Urban Renewal Agreement, taking into account the unavoidable objectives of the projects presented by the Agency under I and these Regulations and their decline according to the local context. These objectives will be finalized once urban programming has been finalized and its feasibility has been verified.
The presentation of these may include:
- the literal description of each of the objectives;
- the description of the local specificities allowing to properly contextualize each of the objectives pursued;
- the (or the) indicator(s) of measure to follow each of the objectives;
- an initial possible measure of each indicator;
- a first indication of the target that could be set for each indicator and the relevant time horizon to achieve this target.
In addition, the file includes a minimum of cartographic representations showing the following:
- the situation of neighbourhoods within the agglomeration with regard to their service, their relationship with the structuring equipment, the center poles, the main employment poles and the development projects involved;
- the spatial translation of the principles of the urban strategy of intervention on each of the neighborhoods in their environment (e.g., in terms of urban intensification, diversification of housing supply, improvement of the service, strengthening of the economic development apparatus, adaptation of local amenities, shops, school map, etc.).
3. The conduct of the project, the masters of work and the modalities of the participation of the inhabitants and the co-construction of the project
The file contains a detailed description of the following:
- the system for strategic control of the city contract (composition and operating modes of the authorities);
- the intended device(s) for the operational piloting of the city contract; when this device is internalized, the organization chart of the dedicated project team and the functions of each of its members, the modalities of association of all the partners involved;
- the structuring principles of the convention provided for in theArticle 8 of Act No. 2014-173 of 21 February 2014, in particular the objectives of social diversity and balance between the territories to be taken into account in the allocation of social housing, the modalities of accompaniment of residential routes, rehousing and social accompaniment envisaged in the context of urban renewal projects, and the modalities of cooperation between the HLM organizations and the booking rights holders for the implementation of the objectives of the convention.
Finally, according to theArticle 7 of Act No. 2014-173 of 21 February 2014, the file includes a detailed presentation of the modalities of co-construction and monitoring of the integrated territorial project of the city contract with the inhabitants, as well as the modalities of setting up the house of the urban renewal project.
4. Complementary elements necessary for the signing of a prefiguration protocol: programme of work and funding sought
This part of the file includes the findings of operational studies conducted under the prefiguration protocol.
The file finally includes the following notes:
- a note outlining the work programme and its implementation schedule for the presentation of the operational project to the Agency. This program may include, as a non-exhaustive measure, the completion of the studies and expertise, missions and complementary actions required for the definition of the urban program referred to in Part II of the Agency's General Regulations on NPNRU;
- a summary table, presenting the detailed funding plan for each of the actions listed in the prefiguration protocol and requiring co-financing from the Agency. Co-financing participations are also specified in this summary table.
II. - The content of the submission files for multi-year conventions
An instruction note by the Director General of the Agency will detail the content of the submission file for the signing by the NEB of the multi-year conventions for urban renewal projects.
Annex 2
Methods for calculating the subsidy-equivalent for the distribution of bonus loans per share housing
The objective of the grant equivalent is to make the different forms of aid comparable (subsidy, equity, amortizing loan, fine loan, etc.) given the financial characteristics of the aids.
For grants and equity endowments, the subsidy equivalent is 100% per convention.
For loans, the calculation of the equivalent-subsidy rate sets the report to obtain the theoretical amount of the subsidy that should be paid to replace that paid in the form of a loan. Thus, obtaining a 50% grant equivalent rate means that a 50 grant is equivalent to a 100 loan.
The equivalent-subsidy of a loan is equal to the difference between the updated amount of monthly payments due under this loan and the updated amount of monthly payments that would be due under a reference loan of the same amount and duration of refund and rate equal to the discount rate.
The discount rate is determined as follows:
- for financing to legal persons, this rate is equal to the rate of the long-term booklet increased by a margin of 60 pb. The long-term booklet rate is defined by the "Technical Note on Economic Assumptions to be Considered for the Balance of Social Leasing Operations" dated April 15, 2014 and published by the DHUP, which is 2.40% as of April 15, 2014. This hypothesis may be revised if this technical note is changed;
- for financing to natural persons, the rate is the average rate of loans at 15 years according to the Bank of France statistics.
When the loan is granted at a variable rate calculated by reference to the rate of pound A (TLA) according to the formula TLA - X pb, the monthly payments for this loan are calculated on the basis of a fixed rate equal to the hypothesis of the long-term rate of pound A - X pb, within the lower limit of the floor rate applicable to the loan. This floor rate cannot exceed 25 pb.
Done on August 7, 2015.
Minister of the City, Youth and Sports,
Patrick Kanner
State Secretary for City Policy,
Myriam El Khomri
