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1- Review the Hoguet law

It was believed that the government was done with the legislation on real estate since the vote, on March 27, 2014, of the Alur law . But it’s nothing. As she indicated to the national congress of the Federation of real estate agents (FNAIM), the Minister of Housing at the time, Sylvia Pinel since March 2016 by Emmanuelle Cosse), wished from 2016 to work on the Hoguet law with the Minister of Economy , Emmanuel Macron. The text, adopted in 1970, regulates real estate transactions, property management and the acts of the trustee.

An announcement that already worried some agency network bosses: “In March 2014, we just released an Alur law that had a strong impact on the sector. All the implementing decrees have not yet been published and we want to modify the Hoguet law”, he is alarmed. Jean-François Buet, president of the FNAIM. The text could, in fact, tackle transaction fees collected by agents, by capping them. Case to follow.

2- The arrival of a standard inventory

The Alur law provides for the establishment of a standard inventory. If the publication of the text is slow, it is because it is still necessary to agree on the establishment or not of an obsolescence grid, as is done in the HLM sector or for Action Logement.
The grid will take into account the normal wear and tear of the property. Thus, when the tenant leaves, if an object, in the context of a furnished rental for example, is damaged, the life of the latter will be taken into consideration when refunding.
The methodology for carrying out the inventory would also be stricter. The property would now have to be empty and lit to make the formality compliant.

3- Compulsory multi-risk insurance

The Alur law obliges the tenant to take out multi-risk insurance. If he does not comply, the owner is entitled to do so in his place, and to defer the cost to the charges. To date, no decree has specified the maximum amount of insurance. Soon, this sum will not be able to exceed 10% of market prices.

4- Compulsory property diagnosis for rental

If they are already mandatory as part of a transaction, this is not yet the case for rentals. However, the Alur law provides that landlords must provide tenants with real estate diagnostics on asbestos and those related to the installation of electricity and gas. While work on the decrees is still underway at the ministry, they should however be published in 2016, for entry into force of the text between 2018 and 2020.

5- The dilapidation of the flatshares

The implementing decree specifying the criteria of decency to be respected for joint tenancies with multiple leases will probably be published in 2016.
6- The establishment of a transaction control commission

This body, provided for under the Alur law, will be responsible for monitoring the missions of professionals provided for by the Hoguet law.

DAMY law firm -Real estate law-2016