Insulation, heat pump, global renovation: do you have a work project in your home? Many changes in 2022 compared to 2021. Developments and also new prohibitions and obligations. Arnaud Bayart is a notary and spokesperson for the Greater Paris Chamber of Notaries.
franceinfo: These changes are quite recent since they date from last summer; the law notably creates a “right of overhang” when you want to have your home insulated from the outside. What is it about ?
Arnaud Bayart: It is the possibility of passing over the land of his neighbour. You are encroaching on his land and it is not necessary to obtain his consent, it is the law that provides for this mechanism.
Although there are many conditions…
Yes, no other technical solution must produce the same results. This must be the only solution. It must also concern an existing building, so it does not apply to new constructions. This cannot exceed 35 centimeters in thickness and this applies beyond two meters, above the ground, and therefore not for a ground floor for example.
And are there financial compensations for the owner of the land?
Yes, an indemnity which must be paid beforehand to the owner of the overlooked bottom. All of this must be recorded in an authentic deed and, failing agreement between the parties, it is the judge who will have to decide. The compensation is based on the damage suffered by the neighbour. There is no mathematical rule.
Another important change, the energy diagnosis, during a real estate sale, is now enforceable. Concretely what does that mean?
This means that the purchaser can now rely on the information contained in this technical diagnosis to engage the seller’s liability, in the event that this diagnosis is false. This can take the form of financial compensation in order to carry out the work to achieve the energy performance, as displayed in the technical diagnosis.
Another change to come, for the most poorly classified housing, the owners will no longer be able to increase the rents?
Dwellings are classified from A to G, and from August 24 this year, it will be prohibited to increase the rent of dwellings classified F and G, but also to index the rents of these dwellings. The situation will be frozen for thermal sieves.
And in the years to come, what do we expect?
The noose will tighten since the energy performance enters the criterion of decency, which makes the dwelling habitable. From 2025, it will be prohibited to rent accommodation classified G. In 2028, accommodation classified F, and in 2034, accommodation classified E.
What will tenants who occupy this type of accommodation be entitled to?
If the owner has not done the necessary work to remove the accommodation from the worst categories, the tenant may force the owner to have the work carried out, he may request a reduction in his rent, or even damages.