Question 12551 — leases

Summary

Ms. Léa Balage El Mariky draws the attention of the Minister of Cities and Housing to the reform of the energy performance diagnosis (DPE) which came into force on January 1, 2026 and is likely to lead to a significant increase in rents (10%) for certain housing. Following the decree of August 13, 2025, this reform modifies the conversion factor of electricity into primary energy. It results in the automatic reclassification of approximately 850,000 homes, mainly heated with electricity, which are removed from classes F or G to be reclassified as E, without any energy improvement work having been carried out. However, law no. 2021-1104 of August 20, 2021, known as “climate and resilience”, introduced a rent freeze for housing classified F or G, prohibiting in particular any annual revision based on the rent reference index (IRL). The resulting reclassification exclusively from the modification of the method of calculating the DPE is therefore likely to have significant effects for residential leases in progress on that date. In the absence of work or effective improvement of the energy characteristics of the accommodation, this reclassification can allow a lessor to take advantage of the new energy label to put an end to the rent freezing system and carry out a rent review. based on the rental reference index (IRL). This situation could be analyzed as a regulatory windfall, out of step with the objective pursued by the legislator, which was to encourage the effective energy renovation of housing and to protect occupants against energy poverty. Given the financial and social issues involved, she asks him to clarify the application of the rent freeze to housing reclassified as E solely because of the DPE reform and if it provides for transitional measures to avoid increases in rents without work or real improvement in energy performance.

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