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8512
Question 8512 — housing
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Summary
As part of the parliamentary discussion prior to the promulgation of the law of November 23, 2018 on the evolution of housing, development and digital technology (Elan), the legislator made some adjustments to the system resulting from the law relating to solidarity and urban renewal (SRU), while maintaining its balance, with regard to its scope of application and the level of obligations assigned to municipalities in regarding social housing (20 or 25% of main residences). The system as resulting from the law relating to equality and citizenship of January 27, 2017, and unchanged by Elan, makes it possible to exempt from this effort, municipalities located in urban areas with little tension, or outside urban areas, in isolated, poorly served areas, and unattractive for both low-income households and social landlords. The mechanism in force also makes it possible to remove the obligations for development of the offer in heavily constrained municipalities, more than half of the urbanized territory of which is encumbered by easements or provisions excessively limiting or prohibiting construction (risk protection plan, noise exposure plan, environmental easements, etc.). This is how, on the basis of these criteria, the Government took the December 28, 2017, a decree allowing for the exemption of 274 municipalities from the SRU obligation for the years 2018 and 2019, thus multiplying by 4, compared to the previous situation, the number of municipalities exempted from the solidarity effort, to take into account territorial realities and better articulate the scope of SRU application to these realities and strengthen its coherence and credibility. This decree will be updated by a modified decree as soon as end of this 2019 financial year, on the proposal of the public intermunicipal cooperation establishments (EPCI) of which it belongs and on the basis of the same criteria as those mentioned above. Following this decree, there are ultimately 1,072 municipalities which remain subject to the catch-up obligation in 2018, and which must launch virtuous dynamics of development of the housing supply, currently insufficient in relation to needs, for the benefit of the most fragile of our fellow citizens. Among these municipalities, there are of course municipalities of which part of the territory, urbanized or not, is subject to risks or hazards which limit constructability. However, the Government does not intend to reconsider the eligibility conditions for the SRU exemption based on this criterion (floor threshold of 50% of the urbanized territory covered by proven and lasting constraints on the constructability, particularly within the framework of the risk prevention plan and environmental easements in force). Indeed, in municipalities covered by constraints on construction on a minority part of the urbanized territory, it is by nature possible to develop a housing supply on the majority part of the urbanized territory, while limiting urban sprawl, to which the Government is also committed. It is also not uncommon to observe in this type of municipality a development, sometimes massive, in the supply of private housing, and even second homes, sometimes even beyond the urbanized sectors. Furthermore, in constrained sectors where the supply of land is sometimes restricted and expensive, the Government recalls that the development of the supply of social housing can then take place by agreement on the existing private stock. The honorable parliamentarian's proposal has not been accepted at this stage precisely because of the complexity of the implementation that it would presuppose, whereas the Government wished, on the contrary, to strengthen the readability and acceptability of the law.
Machine translation from French. The official text remains authoritative.
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- Official source: https://www.assemblee-nationale.fr/dyn/15/questions/QANR5L15QE8512
- Open data entity: https://www.assemblee-nationale.fr/dyn/opendata/QANR5L15QE8512