In response to the rise of substandard housing and rogue landlords, more and more municipalities in France are deploying a particularly restrictive control tool for landlords: the permis de louer (rental permit). This scheme, which makes renting out a property conditional on obtaining prior authorisation or filing a declaration with the town hall, fundamentally redefines the obligations of landlords. Whether you are an experienced landlord, a foreign investor discovering French regulations, or a tenant concerned about your rights, it is essential to understand how this public health measure works to avoid heavy financial penalties.
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The permis de louer (rental permit) is not a single piece of legislation, but a common term grouping two distinct schemes established by Law No. 2014-366 of 24 March 2014 for access to housing and renovated town planning, known as the Loi ALUR (ALUR Law).
This scheme is codified in the Code de la construction et de l'habitation (CCH - Construction and Housing Code), specifically in Articles L. 635-1 et seq. for prior authorisation, and Articles L. 634-1 et seq. for the declaration of letting.
The legislator's objective is twofold:
It is important to specify that this scheme only applies to rentals used as the tenant's primary residence (unfurnished or furnished) subject to the Law of 6 July 1989. Short-term holiday rentals, commercial leases, or social housing are not affected by this obligation.
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Municipalities or Établissements Publics de Coopération Intercommunale (EPCI - public inter-municipal cooperation bodies) are free to choose between two options, or even combine them across different geographical areas.
Provided for by Article L. 634-1 of the CCH, this procedure requires the landlord to declare the letting of a property to the mairie (town hall) within 15 days following the signature of the tenancy agreement. This is a retrospective information procedure. The town hall issues an acknowledgement of receipt, which makes it possible to list rented properties and plan potential inspections if there are doubts about the decency of the property.
Governed by Article L. 635-1 of the CCH, this procedure is significantly more restrictive. The landlord must obtain formal approval from the town hall before signing the tenancy agreement with their future tenant. If the property does not meet decency and safety criteria, the town hall can refuse authorisation or make it conditional on carrying out specific works.
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There is no single, centralised national list updated in real-time by the State, as the decision to introduce the permis de louer falls under the exclusive jurisdiction of the municipalities and EPCIs. However, the trend is towards generalisation in high-demand urban areas (zones tendues) and historic town centres.
Among the hundreds of municipalities that have adopted the scheme, we find very diverse territories:
Before putting any property up for rent, the landlord must carry out a verification check. The easiest way is to consult the website of the mairie where the property is located or contact the urban planning/housing department of the local inter-community body. Local resolutions (délibérations) precisely define the boundaries of the obligation (sometimes restricted to just a few streets or a specific neighbourhood) as well as the types of housing targeted (for example, only buildings constructed before 1948).
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If your property is located in an obligatory zone, you must follow a strict protocol to comply with the law.
Before filling out the administrative form, you must have a certified professional carry out all the mandatory property diagnostics (DPE/energy performance, electricity, gas, lead, asbestos, risk assessment). These documents are essential because they will be analysed by technical services to assess the decency of the accommodation.
You must complete the form corresponding to your situation:
This document requires precise information about the landlord's identity, the characteristics of the property (living space, number of rooms, equipment), and the construction date of the building.
The complete file (the Cerfa form accompanied by all technical diagnostics) must be sent to the competent mairie or EPCI. Submission can generally be made by registered mail with acknowledgement of receipt (lettre recommandée avec accusé de réception), directly at the counter in exchange for a receipt, or, in an increasing number of municipalities, via an online submission platform.
Under the prior authorisation scheme, the town hall very often mandates a health inspector or a technician from an external body (such as the ADIL - local housing information agency, or the CAF - family allowance fund) to visit the property. This agent checks the property's compliance with decency standards (minimum ceiling height of 2.20 metres or a volume of 20 m³, absence of structural dampness, compliance of electricity and gas networks, secure guardrails, etc.).
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To navigate this scheme smoothly, here are the essential temporal and financial indicators set by law and administrative practice:
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To better understand the financial and practical impact of the permis de louer, let us analyse two landlord scenarios.
Marie owns a furnished studio in Roubaix, which she rents out for 650 € per month including charges. The city of Roubaix applies the permis de louer in the form of a prior authorisation. Marie, who lives abroad, signs a lease with a student on 1 September without having requested authorisation from the town hall.
When the student applies for housing benefit (APL), the CAF notes the absence of a registered rental permit and reports it to the préfecture (prefecture). The prefecture orders Marie to regularise her situation within 1 month. Marie complies immediately, has the diagnostics carried out, and obtains the authorisation. Although she regularised the situation, the prefecture imposes a reduced administrative fine of 1,500 € for renting without prior authorisation. This fine represents more than two months of lost rent for Marie.
Jean owns a 3-room flat in Marseille, in an area subject to prior authorisation. He wishes to rent it out for 950 € excluding charges. He submits his application file to the town hall. The technical officer visits the property and finds that the electrical installation has exposed wires and that the ventilation system (VMC) is completely blocked, creating significant mould in the bathroom.
The town hall notifies Jean of a reasoned refusal of authorisation to rent, detailing the compliance works to be carried out (bringing the electrical panel up to standard and installing a functional VMC). Jean must carry out 3,200 € worth of work. After the work is completed, he requests a follow-up inspection. The officer approves the works and Jean obtains his rental permit. If he had defied the ban and rented the property as it was, Jean risked an immediate fine of up to 15,000 €, in addition to the suspension of housing benefit payments directly to his account.
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No. The permis de louer (whether it is the authorisation or the declaration) is only required when entering into a new tenancy agreement with a new tenant. If the current lease is tacitly renewed, or if you sign a simple amendment (avenant, for example to add a flatmate to an existing lease), you do not need to take any new steps.
For the prior authorisation scheme, the law sets a strict processing period of 1 month. If you have received no written response (approval or refusal) from the town hall one month after the date of the acknowledgement of receipt of your complete file, your application is considered accepted. This is a tacit authorisation. Keep the acknowledgement of receipt of your file submission carefully to prove your good faith.
Yes, absolutely. In areas subject to prior authorisation, the law requires a copy of the rental authorisation to be attached to the tenancy agreement when it is signed. If the landlord refuses to present it, the tenant can report this absence to the town hall services or the prefecture. However, the absence of a rental permit does not make the lease void: the tenant remains protected by the rental contract, but the landlord is exposed to administrative penalties.
If you entrust the management of your property to a real estate agency or a property manager, this professional can handle the administrative procedures related to the rental permit (filling out the Cerfa, being present during the inspection visit). The fees charged by the agency for this service are the exclusive responsibility of the landlord. Under no circumstances can they be passed on to the tenant.
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