Question 11489 — building and public works

Summary

Mr. Bernard Reynès questions the Minister of Territorial Cohesion on articles 20 and 28 of the bill on the evolution of housing, development and digital technology, known as the ELAN law, which raise fears for the survival of local construction craftsmen and SMEs. For the Government, this involves exempting HLM offices from the obligation to respect the provisions of the law on public project management allowing allotment, therefore the freedom for any company, regardless of its size, to apply directly for work corresponding to its skills. By allowing HLM organizations to globalize, without reason, a market divisible into lots, it discriminates against operators who do not have the capacity to provide a global offer. This form of globalized contract leaves the way open to large construction groups and de facto excludes craftsmen and SMEs by depriving them direct access to their local markets which represent more than 50% of their activity. Likewise, under the pretext of speeding up the construction procedures for social housing, the possibility is offered to social housing organizations to use the design-construction procedure until 2021, a procedure which is perpetuated without objective reason. However, this measure only benefits large groups by excluding SMEs which do not cover not all of the services requested. Favoring large general construction companies also means encouraging the excessive use of posted workers, to the detriment of local employment. Finally, by allowing HLM organizations to defer payment for work, companies will become their clients' bankers, something only construction majors are able to accomplish. This is why he asks him what measures Concrete compensatory measures will be implemented to ensure the survival of craftsmen and SMEs in the construction sector and thus safeguard local jobs.

Machine translation from French. The official text remains authoritative.

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