Question 31436 — housing

Summary

Ms. Marie-Pierre Rixain draws the attention of the Minister Delegate to the Minister for Ecological Transition, responsible for housing, to the difficulties encountered by many individuals purchasing housing under the “Pinel” system. Article 199 novovicies of the general tax code provides for an income tax reduction in favor of intermediate rental investment for taxpayers domiciled in France who acquire or build new or similar housing between September 1, 2014 and December 31, 2021. The benefit of the income tax reduction is in particular subject to deadlines for completion of housing or work which differ depending on the nature of the investment made and the date of the investment. Thus, housing acquired in the future state of completion within the framework of the “Pinel” system must be completed within thirty months following the date of signature of the authentic deed of acquisition. When these deadlines are not respected, the accommodation cannot therefore qualify for tax reduction. This being said, the rescript published in BOI-RES-000005-20180713 on July 13, 2018 provides that an extension of the completion time for housing may be granted in cases where an administrative appeal against the validity of a building permit or a municipal danger order issued following land subsidence led to the interruption of construction work. In addition, an extension of the completion deadline may also be granted taking into account the particular circumstances encountered, when these are completely beyond the control of taxpayers or developers, and make it impossible to continue the work (concept of force majeure). Despite these measures, the fact remains that the risk of the operation ultimately rests with the buyer. Indeed, in the event of delay in the completion of the work, it is the purchaser who suffers the damage and not the developer, who is nevertheless responsible for the delay in the work. In addition to the financial difficulties which can add up (reimbursement of a loan, payment of rent, etc.), the buyer loses the benefit of tax exemption then even though it is the reason for a “Pinel” investment. Also, she questions him about the measures planned by his ministry in order to better hold developers accountable and protect individual buyers from certain commercial abuses.

Machine translation from French. The official text remains authoritative.

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