Question 37144 — building and public works

Summary

Mrs. Ramlati Ali draws the attention of the Minister of the Economy, Finance and Recovery to the imperative reform of the individual house construction contract (CCMI). The health crisis linked to the circulation of SARS CoV 2 has generated renewed interest in individual housing. However, builders of individual houses remain constrained by regulations which weaken their cash flow. In fact, the provisions of Articles R. 231-7 and R. 231-7-1 of the Construction and Housing Code, setting the maximum percentage of the agreed price likely to be called for payment at the different stages of construction, are unfavorable to them and require operation with own funds on several sites and simultaneously. Since the builder of individual houses cannot deviate from the percentage referred to in the aforementioned articles, It is urgent to support this sector of activity by providing for the establishment of intermediate levels, in line with the actual chronology of the work. Firstly, it is essential to split the call for funds from the equipment works. Practice reveals the need to establish an intermediate level between the ventilation of the house and the completion of the work. To date, more than 20% of the cost of the work is retained between the implementation removing the air from the house and the completion of the equipment work, which includes in particular the carrying out of carpentry, heating, plumbing and exterior cladding work. The order placed in advance for all these supplies is much higher than the amount called in advance. Secondly, it seems appropriate to adapt the grid to the specific constraints linked to the type of construction, which is not currently the case. The percentage that can be used is the same, depending on whether the house has one or more floors. However, the cost of materials and labor increases significantly depending on the project. Finally, in addition to the problem of insufficient intermediate levels, there remains the problem of costs incurred upstream by the manufacturer. It is no longer possible to maintain the financial burden of the preliminary contracts on the latter, when he is solicited by a prospect. As a reminder, the production of construction plans, preliminary feasibility studies of the project, soil studies outside risk zoning, filing of permits, visits and requests for appointments or the establishment of multiple estimates cannot be invoiced to the prospect in the event of abandonment of the project, whatever the cause: these costs and significant charges fall into a dead loss, if the prospect decides not to sign the CCMI, preferring to entrust its work to another manufacturer, while retaining the plans (covered by intellectual property if the manufacturer has established them) and the technical advice provided; similarly, some of these costs remain payable when the prospect objects to the non-fulfillment of the suspensive conditions (loan and permit) to request reimbursement of the sums of 3 to 10% of the cost of the contract, sequestered before opening of the construction site. There is an urgent need to come to the aid of this sector, which is now deprived of any tax exemption system. Indeed, the finance law for 2021 only maintained the said system - from January 1, 2021 - for the benefit of collective housing, or for services provided by real estate developers (IR - "Pinel" tax reduction - assessment of the concept of collective residential building for the application of article 161 of the law n° 2019-1479 of December 28, 2019 on finances for 2020 - rescript - urgent publication on bofip.impots.gouv.fr). The intervention of new regulations in this sense would reduce the consequences of a breakdown in equality between economic operators in the same sector and would directly or indirectly support more than 557,306 companies. She asks him for his opinion on the subject.

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