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Celleneuve and Figuerolles districts: rental permits

To fight more effectively against situations of poor housing, the Metropole is setting up an authorization prior to renting (APML) otherwise known as a "permit to rent."

What is a rental permit?

Le permis de louer is an administrative authorization required before a property can be rented out. Landlords are responsible for obtaining this authorization when a new property is put up for rent or when there is a change of tenant in the defined area.

This is done through:

  • analysis of mandatory technical diagnostics,
  • visiting the property by an authorized agent.

The aim is to ensure that rental properties are not likely to be detrimental to the health and safety of those living in them.

Pre-lease authorization must be attached to the rental contract when it is signed.

Areas covered by the rental permit

Le permis de louer has been in force in the Celleneuve district since April 1, 2021. Based on the results of this experiment, the Metropole of Montpellier has decided:

  • to extend the permit to rent to a sector of the Faubourg de Figuerolles from October 1, 2023;
  • to exclude housing built from January 1, 2005.

For these recent housing units located within the permit to rent perimeter, owners are exempt from applying for prior authorization to put them up for rent.

This exemption does not apply to dwellings renovated/rehabilitated after January 1, 2005, which remain subject to Permis de louer.

For other areas of Montpellier and other communes in the territory, no authorization is required.

Landlords nevertheless remain under the regulatory obligation to rent out a property that complies with decency and sanitation regulations.

Apply for a rental permit

I own a dwelling in the area covered by the rental permit and for which a lease is to be signed:

  1. I am applying for prior authorization to let

Technical diagnoses to be provided (must be appended to the rental contract):

Caution:

  • Check that the gas and electricity diagnostics do not mention any hazards or anomalies. If a danger or anomaly is mentioned, it is advisable to have corrective measures carried out by an approved professional before applying for a rental permit.
  • For work related to eliminating accessibility to lead, those involved must have completed the training stipulated in the Labor Code on hazardous materials. The CREP must be communicated to companies likely to work on the property.

You can also send your application for prior authorization to rent by registered mail with return receipt:

Mairie de Montpellier - Service Habitat Santé Environnement
1, place Georges Frêche 34267 MONTPELLIER cedex 2

Application for prior authorization to rent a dwelling

PDF - 270 KB
  1. Within 7 days of submitting my application, I receive:

  • A registration certificate indicating the date of submission of the declaration and reproducing all the information mentioned therein (please note that this document does not constitute authorization). The administration's response must be made within one month of the date of dispatch of the letter indicating the completeness of the file.
  • If my file is incomplete: an acknowledgement of receipt is issued, indicating that the file must be completed in order to be processed with the missing documents or information. This acknowledgement of receipt does not start the administration's one-month response period.
  1. The inspection visit

  • I am contacted by the City of Montpellier's Service Habitat Santé Environnement to arrange a visit to the dwelling.
  • I must make myself or a representative available. The presence of only the outgoing tenant previously informed by you is accepted.

During the inspection visit, the Service Habitat Santé Environnement de la Ville de Montpellier will carry out a technical assessment of the decency of my dwelling.

  1. The decision

With the support of the inspection report from the City of Montpellier's SHSE, Montpellier Méditerranée Métropole issues a decision and notifies it within a maximum of 1 month after the date of the attestation of registration of the request for authorization (silence kept, beyond one month, by the local authority constitutes tacit authorization).

3 possibilities:

  • Authorization without reservation
  • Authorization with reservation: the property can be rented out, but work must be carried out to bring it into compliance with the decency decree (decree n°2002-120 of January 30, 2020 relating to the characteristics of decent housing)
  • Refusal to rent out: the property requires essential work before it can be rented out (eg. refusal: total absence of ventilation, presence of humidity/infiltration/mould, presence of class 3 lead, electricity: absence of high-sensitivity differential device ≤ 30mA ...)

In the event of rejection of my request for authorization, Montpellier Méditerranée Métropole will give reasons for its decision and specify the nature of the work and improvements in order to bring my dwelling into compliance.

If authorization is granted with reservations, I must carry out the work and can then rent out my property without having to take any further steps.

Proof of work (invoices, photos) must be sent within one month of notification of the decision to the following address: permisdelouer@montpellier.fr

An acknowledgement of receipt of proof of work related to the reservations will be sent, to be kept with the authorization previously issued for this accommodation. If the work is not carried out on time, this may result in the suspension of housing benefit.

In the event of refusal and after the work requirements have been carried out, I must submit a new application for authorization before any letting. A new inspection of the property will be carried out.

Frequently asked questions

For a first rental or a change of tenant, any owner whose property is within the perimeter is obliged to apply for a prior rental permit. The rental permit applies to any furnished or unfurnished rental as a principal residence.

This does not apply to:

  • lease renewals, lease renewals and endorsements,
  • social housing,
  • seasonal tourist rentals (less than 4 months in the year),
  • commercial leases.

Dwellings built after January 1, 2005 are excluded from applying for prior authorization to let. This exemption does not apply to dwellings renovated/rehabilitated after January 1, 2005, which remain subject to Permis de louer.

The issue is to determine whether the dwellings are decent and whether there is a danger that could harm health in the dwelling.

Several criteria are assessed in line with regulatory obligations, including mainly:

  • A main room with a floor area of at least 9m² and a ceiling height of at least 2.20m.
  • The presence of sufficient openings opening onto the outside in the main rooms,
  • Electricity and gas installations must not present a risk
  • Permanent ventilation adapted to the dwelling,
  • The general state of equipment (sufficient heating means, evacuation network,)
  • The absence of risk of falling for people (guardrails, railing...)
  • The absence of pest infestation
.

The process is completely free of charge.

An authorization is valid for 2 years. The authorization becomes null and void if the property is not rented out within two years of obtaining it.

Yes. If the tenant changes, a new request for authorization will be required.

Failing notification of an express decision within a period of one month from receipt of the receipt for the authorization request, silence kept by the administration is equivalent to authorization to rent.

.

The landlord is obliged to attach a copy of the prior authorization to the lease contract, each time the property is newly rented or the tenant changed.

In the event of transfer of the dwelling (whether free of charge or for consideration), a currently valid authorization may be transferred to the new owner of the dwelling.

It is possible to transfer a currently valid (less than 2 years old) prior authorization to let to the new owner.

This transfer takes effect as of the filing by the new owner of a declaration of transfer (see link below), subject to the agreement of the initial beneficiary of the authorization.

Owners of housing that has been the subject of a reservation or a refusal to let can contact:

These operators will be able to study the possibilities of benefiting from aid in order to carry out the work to bring the dwelling into compliance.

A prefectoral decree has set the fines for offending landlords.

  • In the event of renting out the property without authorization, the offending landlord can be fined up to €5,000.
  • In the event of a further breach within 3 years, the maximum amount is increased to €15,000.

In the case of a letting despite a rejection decision, the offending owner can be fined an administrative fine of up to €15,000.

The proceeds from these fines will be paid to the Agence Nationale de l'Habitat (ANAH), whose mission is to improve the existing private housing stock.

Check that the rental contract was signed after April 1, 2021 (for the Celleneuve district) and after October 1, 2023 (for the Faubourg Figuerolles district) and is located within the scope of the rental permit.

Contact the owner (or the real estate agency in charge of managing the property) and remind them of the need for this prior rental authorization.

In the event of a blockage, I contact the Metropole of Montpellier to report the problem.

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