A property owner who expands their house, changes their windows, and puts their property up for rent finds themselves facing three different layers of compliance. The classic urban planning compliance (building permit, DAACT) only covers part of the issue. The energy performance certificate (DPE), landlord obligations, and sometimes the rental permit add distinct requirements, each with their own deadlines and penalties.
When the DPE changes compliance priorities before sale or rental
One initially thinks of construction work, permits, and the town hall. However, since the revision of the electricity coefficient in the calculation of the DPE, the energy classification of many properties has changed without any work being done. This recalculation has removed approximately 850,000 electrically heated homes from the status of energy sieves.
For a property owner considering selling or renting, this development has direct consequences. A property classified as F or G before recalculation can move to E, eliminating the urgency for energy renovation. Conversely, a property classified as E that shifts to F after another regulatory adjustment falls under the progressive rental bans.
In practice, before starting energy compliance work, one must first check if the current DPE accurately reflects the new calculation method. Understanding the steps related to house compliance today requires cross-referencing the urban planning situation of the property with its actual energy classification.
DAACT and urban planning compliance control: what blocks in practice
The declaration of completion and compliance of works (DAACT) remains the foundation of compliance after construction or major renovation. It is submitted to the town hall at the end of the project. The municipality then has a period to contest the compliance. Without opposition within three months, compliance is deemed acquired.
A common pitfall involves work done without a permit or with a modified permit along the way. If the final facade does not match the submitted plans, or if an extension exceeds the authorized area, the town hall may require compliance or even order partial demolition.
The ten-year prescription does not protect from everything
For houses over ten years old, it is often said that the absence of a compliance certificate is no longer a problem due to prescription. This is partially true from a criminal standpoint. However, a buyer or notary can require urban planning documentation during a sale, and the absence of a DAACT complicates the transaction. Responses on this point vary according to notarial studies and municipalities.
For recent constructions, the situation is clearer: no DAACT submitted means no presumed compliance, and a concrete risk of blockage at resale or final connection to networks.
Rental permit: a local compliance that many landlords ignore
Beyond the compliance of the works, landlords must check if their municipality requires a rental permit. This system, implemented by certain local authorities and intercommunalities, requires the owner to obtain prior authorization or submit a declaration before renting out a property.
The problem: there is no comprehensive national register of the municipalities concerned. Each owner must check directly with their town hall or the public intercommunal cooperation establishment (EPCI) if their address is subject to this regime.
- Some municipalities require prior authorization for rental, with a visit to the property by a sworn agent before any lease is signed.
- Others only require a simple declaration, to be submitted within a set period after signing the rental contract.
- Failure to comply with this obligation can lead to fines of several thousand euros, not to mention the potential nullity of the lease in the most serious cases.
This system targets unfit housing and tight rental markets. A landlord who renovates their property to rent it must therefore check urban planning compliance, the DPE, and the rental permit, three distinct processes involving three different parties.
Rental bans for energy sieves: timeline and landlord compliance
Regulatory pressure on energy-consuming housing continues to increase. Properties classified as G are gradually banned from rental, and properties classified as F will follow. A landlord who has not anticipated the energy renovation of their property risks finding themselves legally unable to renew a lease.
Therefore, a landlord’s compliance is no longer limited to having submitted a DAACT and obtained a planning certificate. It now includes the energy performance of the property, evidenced by a valid DPE that meets current thresholds.
What this changes for a property owner selling or renting
Two checks are added to the standard process:
- The DPE must be up to date and reflect the current calculation method. A DPE conducted before the revision of the electricity coefficient may yield an outdated classification.
- If the property is located in an area subject to the rental permit, the owner must obtain authorization or submit the declaration before renting, regardless of urban planning compliance.
- A property compliant with the PLU but classified as G in the DPE can no longer be rented: energy compliance takes precedence over urban planning compliance for access to the rental market.
The overlap of these obligations creates a situation where a property owner may have a property perfectly in order from an urban planning perspective but is prohibited from renting due to insufficient energy performance. Checking one’s house compliance today means cross-referencing at least three frameworks: urban planning, energy, and local rental regulations.