Key Benefits:
Mr. Chairman,
There are currently two Categories of public establishments with moderate rent attached to local authorities or to public institutions of inter-communal cooperation (EPCI): public offices for low rent housing (OPHLM) and offices Development and construction (OPAC). The OPHLM are public administrative establishments created by the so-called Bonnevay Act of 23 December 1912. The OPACs were created by a law of 16 July 1971, under the qualification of industrial and commercial public institutions, in order to meet the needs of the policy pursued in the field of land development and town planning
The coexistence of these two statuses, together with different missions and different intervention territories, has not ruled out allowing the OPHLM to exercise all or part of the competences devolved to OPACs, on the deliberation of their Territorial community or their connecting EPCI. This is why, in fact, the two categories of organizations now have similar missions.
In addition, an increasing number of OPHLM has benefited from the opportunity offered by the texts to transform into OPAC.
To lead to The term this logic of approximation between the two categories of HLM offices, this order creates a new category of public establishments of HLM named " Public housing offices " (hereinafter OPH) and organizes the transformation of Full rights in public housing offices of all existing OPHLM and OPAC.
This new institutional framework, largely inspired by the status of OPAC, allows the HLM offices to adapt to the new context created by the strengthening of the Competence of local authorities in the field of habitat, while taking an active part in the implementation of the social cohesion plan.
To this end, Parliament adopted Article 49 of Law No. 2006-872 of 13 July 2006 National commitment to housing which, pursuant to article 38 of the Constitution, empowers the Government to make an order " All measures to replace public offices with low rent housing and public offices Development and construction of a new category of public establishments of low-cost housing referred to as " public housing offices and associated with a territorial community or a group of territorial communities.
For this purpose, the Government is authorised to:
1 ° Amend Chapter I of Title II of Book IV of the Construction and Housing Code to define the tasks of these local public establishments of an industrial and commercial nature, the Composition of their governing bodies and the nature of their resources;
2 ° Define the accounting and financial system and controls to which the public offices of the habitat are subject by way of derogation from the provisions of the general code Territorial communities applicable to other public institutions;
3 ° Make special arrangements for territorial officials in public offices for moderate rent and in offices Public administration and construction or being placed on the day of the publication of the order in one of the headings listed in Article 55 of Act No. 84-53 of 26 January 1984 laying down statutory provisions relating to the civil service The private law system to which employees employed by the establishment or for the maintenance of the scheme to which they are subject are subject to employment and, where appropriate, on a transitional basis, to be placed in Position of secondment within their institution on a job of private law;
4 ° Define the conditions under which the provisions of Titles III and IV of Book II and Titles I, II and III of Book IV of the Labour Code are By derogation from the provisions of Law No. 83-634 of 13 July 1983 on the rights and obligations of civil servants and the law n ° 84-53 of 26 January 1984, above;
5 ° Determine the conditions and conditions for the conversion into public offices of the public offices of low-rent housing units and the public development and construction offices so that this Must be completed no later than three years after the publication of the order;
6 ° Repeal the provisions of the code of construction and housing and of the code of the financial courts which have been stale or rendered without object The creation of the public offices of the habitat;
7 ° Make arrangements for agents of the former public office of moderate rent housing interdepartmental in the Paris region and mentioned in III of Article 120 of the Law No. 84-53 of 26 January 1984, cited above, in functions on the day of the publication of the ordinance in the public offices of moderate rent and in the public planning and construction offices, to be integrated into the employment frameworks of the Territorial public service.
This is the purpose of this order.
The main features of the HOPs are:
-local industrial and commercial public institutions that can be attached to a relevant EPCI. Habitat, either to a department or to a municipality, as long as it is not a member of a suitable Habitat EPCI;
-they have jurisdiction to intervene in the territory of the area where their territorial community is located, or Their connecting EPCI;
-within the board of directors, the representation of the territorial or connecting EPCI is the majority;
-the respective powers of the Board of Directors, of the President of the The Board of Directors and the Director General, which are based on the current distribution within the OPAC, are clarified; and
-the territorial officials under existing OPHLM and OPAC can, during the transformation to OPH, Choose between three possibilities: pursue their careers normally; apply for a secondment within their institution for a period of two years, renewable only once, in paid employment under the provisions applicable to the Employees not covered by the status of the territorial civil service employed in HOPs (specific position created by the ordinance); or renounce their status as civil servants, in favour of an employee status of the OPH
Provisions of the Code of Construction and Housing, of the Code of Financial Jurisdictions, of the General Tax Code and of Law No. 84-53 of 26 January 1984 laying down statutory provisions relating to the territorial civil service are
The heading Ier of the Order amends the provisions of the Construction and Housing Code and includes sections 1 to 2.
Section 1 amends Chapter I of Title II of Book IV of this
. The chapter is titled: Public Habitat Offices " And has four sections, including articles L. 421-1 to L. 421-24.
Section 1 is entitled: General Provisions " And includes articles L. 421-1 to L. 421-7.
Les Articles L. 421-1 to L. 421-4 relate to the competences of the HOPs. New skills are introduced, relating to takeovers in other agencies of HLM, mixed economy companies, public limited partnerships of organisations of HLM, public limited companies of interest
421-5 and L. 421-6 set out the rules relating to geographical jurisdiction and to the attachment of offices to a property. Public establishment of competent inter-municipal cooperation in the field of habitat, a department or a municipality.
Article L. 421-7 specifies the conditions under which HOPs are created and dissolved, as well as the rules relating to the Change in the territorial or EPCI community of attachment, the change of name and the amalgamation of OPH.
Section 2 is entitled: " Administration of the Public Habitat Offices " And includes L. 421-8 to L. 421-14.
Article L. 421-8 defines the categories of members of the board of the future HOPs: representatives of the territorial community or of the connecting EPCI (majority), qualified persons designated by the institutions involved In the economic and social field, representatives of associations whose objects are the insertion or housing of disadvantaged persons and representatives of tenants. The representative of the Works Council of the Office shall sit in an advisory capacity.
The Prefect of the Head Office of OPH shall be the Commissioner of the Government.
Article L. 421-9 specifies the conditions under which representatives shall be elected
Article L. 421-10 specifies that the Board of Directors regulates the affairs of the Office by its deliberations.
Article L. 421-11 specifies the conditions for the appointment of the Chairman of the Administrative Board of the OPH, Article
421-12 confers on the Director General the role of the executive organ of the Office.
Article L. 421-13 specifies that: That any member of the board of directors who has not surrendered to three successive summons may be declared to resign by the prefect.
Article L. 421-14 lists the sanctions that may be imposed by the Minister responsible for the Accommodation jointly with the Minister responsible for local and regional authorities, in the event of any irregularity or serious misconduct by an office or failure of its board of directors.
Section 3 is entitled: Financial Management, Budget and accounting ". It consists of three sub-sections which define the rules on the budgetary, accounting and financial arrangements applicable to these establishments, by way of derogation from certain provisions of the general code of the territorial
. Subsection 1 is entitled: Common provisions " And includes Articles L. 421-15 to L. 421-18.
Article L. 421-15 specifies the main resources of the HOPs.
Article L. 421-16 specifies the charges for HOPs which are Article
421-17 sets out the obligation on the Management Board to deliberate in order to make a possible change of financial and accounting regime, under conditions which will be specified by decree in Council of State.
Article L. 421-18 deals with investments of HOPs.
Subsection 2 is entitled: Public housing authorities subject to the rules of public accounting " And includes Articles L. 421-19 and L.
Article L. 421-19 defines the concept of the budget. As with the evaluative logic prevailing in the budget of the OPH governed by the rules of commercial accounting, the appropriations entered in the budget of public accounts are evaluative in nature, with the exception of certain appropriations - Expressly mentioned in an inter-ministerial order-whose limitative nature is preserved. The scope of the budgetary authorisation and the concept of actual balance will be specified by decree in the Council of State.
Article L. 421-20 is related to the deposits of funds of the OPH subject to the rules of public
. Titled: " Public Habitat Offices subject to the rules of commercial accounting " And includes Articles L. 421-21 and L. 421-22.
In addition to defining the budget and its balance, the provisions of Article L. 421-21 specify the Arrangements for the supervision of the Prefect and the Regional Board of Auditors.
Article L. 421-22 deals with the deposits of funds of the OPH subject to the rules of commercial accounting.
Section 4 is entitled " Personnel Administration " And Includes Articles L. 421-23 and L. 421-24.
Article L. 421-23 states that the Administrative Council and the Director General of the OPH are respectively the deliberative assembly and the territorial authority, within the meaning of the law of 26 January 1984 Article L. 421-24 refers to collective agreements negotiated at national level. Article
421-24 refers to collective agreements negotiated at national level with respect to territorial civil service employees. Definition of a framework for the establishment of the classification of posts and the establishment of basic pay scales for staff, other than those of the territorial civil service. In the absence of an agreement, a Council of State decree will specify the provisions to be made in this matter.
Article 2 ensures the consistency of the articles concerned with the code of construction and housing with the provisions of Order.
Section 3 of Title II of the Order sets out the specific provisions relating to personnel employed in the HOPs.
Sections 15, 29 and 120 of the Act of January 26, 1984, supra, are amended to Account of the creation of HOPs.
Amendments to sections 15 and 29 are coordinated.
Section 120 is replaced by provisions that provide for integration into public service jobs Territorial des agents de l' Office public d' habitation à rent moderate interdépartement de la région parisienne which are placed in the bodies of extinction governed by Decree No. 76-690 of 24 June 1976 on the general status of staff of The inter-departmental OPHLM in the Paris region.
The IV of Article 120 of the Act of 26 January 1984 is replaced by the IV, V and VI.
The purpose of the IV is to provide territorial officials employed by OPHLM and OPAC At the time of their transformation into OPH the possibility of retaining their status as civil servants and pursuing their careers.
In addition, it is intended that these officials may request to be seconded to their institution For a period of two years, renewable once, with the guarantee of being reinstated if they so wish.
The order finally gives these agents the opportunity to request at any time to renounce their status as an official in favour of the status Employee of the HAPE. If this request is made within one year of the first meeting of the new OPH Board of Directors, it is obligatory.
The provisions introduced in V ensure the continuity of the situation of the agents In the case of a merger of several HOPs.
The provisions introduced in VI lay down the principle of the unification of the representative institutions of employees in public and employee status and provide for the application of certain Articles of the Labour Code, adapting them as necessary by decree in the Council of State.
Title III of the Order changes the code of the financial courts and the general tax code and includes Articles 4 and 5
Is relative to the competence of the regional chambers of the accounts to monitor the budgetary acts of HOPs subject to the rules applicable to business enterprises, pursuant to Article L. 421-21 of the code of construction and housing In its drafting of this Order. Article L. 232-7 of the Code of Financial Courts in its current wording is amended to establish that jurisdiction; it refers to Article L. 421-21 of the Code.
Article 5 makes the relevant sections of the general tax code consistent With the provisions of this order.
Title IV contains transitional provisions, contained in Articles 6 to 13, which determine the conditions under which HOPs are substituted for existing OPHLM and OPAC.
Article 6 On the one hand, that the conversion takes place as of right and that it does not give rise to the creation of a new legal person and, on the other, that the new legal regime is immediately applicable subject to certain Provisions laid down in Articles 7 to 13.
Article 7 contains provisions relating to the conditions governing the installation of the Administrative Board in its composition laid down in Article L. 421-8 of the Order and specifies that the former Council Shall remain in office until the first meeting of the new Board, no later than two years after the publication of the order.
Article 8 provides that the President of the OPHLM shall carry out the functions of The Director General of the Public Office of the Habitat until the appointment of the Office. The Director General of an OPAC becomes the Director General of the OPH.
Article 9 temporarily maintains representative bodies specific to public officials and employees, until the establishment of the bodies And at the latest within a period of two years.
Article 10 maintains the benefit of the scheme resulting from Decree No 93-852 of 17 June 1993 on the statutory regulation of staff not covered by the Staff Regulations. Territorial civil service employed by the public planning and construction authorities and amending the code of construction and housing to employees of the OPAC until it is brought into conformity with the provisions of The order, within a period of not more than two years after the entry into force of the order.
Article 11 includes transitional provisions which allow for the continuation of the scheme enjoyed by agents of the former public office Moderate rent housing in the Paris region, until they are integrated into the territorial civil service.
Article 12 specifies that the Office shall keep the accounting system it had adopted prior to the conversion into OPH, up to A possible deliberation by its board of directors making the choice of a different regime.
Article 13, first of all, provides for the possibility, for special accountants in office in certain offices at the time of conversion, of The latter in OPH, to continue to perform their duties for a maximum period of six years. Second, it specifies that the budgetary and accounting regime provided for in Articles L. 421-19 and L. 421-21 of the order is applicable as from 1 January 2009.
This is the subject of this order which we have the honour to submit to Your approval.
Please accept, Mr. President, the assurance of our deep respect.
