Real estate: what changes in 2022 for owners and tenants

Many changes are to be expected from January 1, 2022 for the real estate sector.Works, construction, taxation: here is everything that changes in 2022.

New year, new rules.In 2022, several lines were moving for the real estate sector.Here are the big changes that come into force on January 1, 2022.Renovation, construction, rental...Discover all the new applicable measures.

Climate -related measures

New construction standards, energy audit in the event of sale, prohibition to rent thermal colanders, freeze...The government accelerates to achieve its objective of carbon neutrality by 2050.And in 2022 many measures are in the direction of improving the energy performance of housing, new or old.

Entry into force of the RE 2020

From January 1, 2022, the RE2020 will be effective.This new environmental regulations concern new buildings (individual houses and collective goods) and replaces RT2012."It will apply to individual houses and collective housing for which the building permit is deposited from January 1, 2022 and to the office and teaching buildings for which the building permit is deposited from July 1, 2022",Specifies the Ministry of Ecological Transition which recalls its main objectives which concern the decarbonization of energy, the decrease in the carbon impact of the construction of buildings and finally bringing better comfort to the inhabitants in the event of hot weather.

These new construction standards should make it possible to improve the energy performance of new buildings and the carbon footprint for construction, while the government is working on the renovation of the old park, with aid and constraints for the owners.

Compulsory energy audit for certain sales

The owners of thermal colanders, these real estate noted from F to G for the diagnosis of energy performance (DPE), must present an energy audit in the event of sale.

The measure had to come into force on January 1, but it was postponed on September 1, 2022 in order to leave more time for professionals to prepare for this novelty.

Individuals will no longer be able, from January 1, 2022, to install new fuel oil boilers."More specifically, the prohibition measure will concern heating systems mainly using a fuel whose CO2 emissions are higher than the 250 GCO2EQ / KWH PCI threshold, not only targeting boilers operating in fuel oil but also those operating on charcoal"Indicates the Ministry of Ecological Transition.

"France Rénov 'is the new name of the public service for the renovation of the housing piloted by the ANAH," said the government in a press release.The "Spaces Consulting Faire and Renovation Information Service of the ANAH (taken)" change their names and become "spaces Consulting France Rénov" on January 1.France Rénov 'must issue advice and information to individuals who wish to renovate their accommodation.

From January 1, 2022, offices or shops of more than 1.000m² will have to declare their energy consumption.Companies will be able to make their declaration on the Platform Operat (Observatory for the energy performance of the renovation and the actions of the tertiary) of the ADEME."Tertiary eco energy is a regulatory obligation which requires a gradual reduction in energy consumption in buildings for tertiary use (surface of 1.000 m² or more) in order to combat climate change, "notes the Ministry of Ecological Transition.

The owners of thermal colanders will no longer be able to increase their rent.The measure provided for by the climate and resilience law prohibits any increase in rent for goods rated F and G from August 25, 2022.

Online building permit deposit

From the beginning of 2022, individuals and professionals will be able to submit their request for a building permit or request for authorization to modify town planning online.A small revolution, since users will therefore no longer have to go to the town hall to submit their files.

This measure makes it possible to simplify the procedures and to modernize and to make public services more accessible.This measure concerns building permit, development permit, demolishing, preliminary declarations of work, extensions, restorations and other work.

Real estate credit measures

The recommendations of the High Council for Financial Stability (HCSF) become compulsory rules for banks on January 1.For borrowers, this results in a tightening of the conditions for granting real estate loans, in particular on:

Banks will no longer be able to derogate from these rules under penalty of being punished.But they will however have the right not to respect them for 20% of their quarterly production.On this part, 80% of this flexibility will be reserved for buyers of their main residence.For the remaining 20%, banks will do what they want.

The good advice to request a mortgage in 2022 is therefore to properly calculate its maximum borrowing capacity and to avoid exceeding these limits.

Since the announcement of the upcoming entry into force of these new rules, according to an assessment of the HCSF published in September 2021, the share of non-conform production has decreased a lot from 48.3% in the first quarter of 2020 to 20,9% in July 2021, percentage taking into account the 20% derogatory margin which also has evolved since the beginning of 2020.Sign that the recommendations, now listed in marble, are already widely followed by banks.

The share of credits exceeding the recommended debt rate of 35% increased from 29% in the first quarter of 2020 to 17% in July 2021.The share of credits with a maximum effort rate of 35% increased over this period from 9% to 14.4%.The same rebalancing is observed concerning maximum durations with a net decrease in real estate credits lasting more than 25 years.

Tax -related changes

Local taxes are no exception to traditional new products from the start of the year.On the menu for the New Year, the disappearance of the housing tax for the wealthiest and an increase in the property tax.

Reformation on the housing tax

While almost 80% of French people have completely disappeared their housing tax as part of the reform carried by Emmanuel Macron, those who had not yet benefited from it (the 20% of the wealthiest households) will be able to benefit from'an exemption of 65% in 2022 (before total suppression in 2023).

The inflation effect on the property tax

While the property tax is calculated from the cadastral value of a property, each year it is revalued according to a "lump sum revaluation coefficient" which is fixed within the framework of the finance law.According to the first ESSEE estimates published in late November, IPCH increased by 3.4% over a year in November 2021.This means that rental values will increase by 3.4% in 2022 and therefore your property tax as a priori.

The return of inflation also has an impact on rents since the evolution of the latter during lease is calculated according to the evolution of consumer prices.The revaluation of rents is indeed linked to inflation through the reference index of rents (or IRL).

The affordable rent system

The affordable rent system is extended until December 31, 2024.The latter encourages rented housing owners not furnished to lower their rent below market prices in exchange for a tax advantage.For example, for housing rented 15% below market prices, the owner benefits from a tax reduction of the same order.And if the owner rents 30% below market prices, the reduction would be 35%.This can represent a gain between a month and a half and two months of net rent according to an estimate of the Minister of Housing Emmanuelle Wargon during her visit to BFM Business.Another condition to fulfill, sign a six -year agreement with the ANAH.

Trustees' prices

Towards more transparency on the prices of co -ownership trustees?From January 1, 2022, professional trustees will be obliged to present to the co -owners an information sheet on the services and the price they offer.The content of this descriptive note is framed by law (decree of July 30, 2021).

Good to know: gas sales rates will not increase on January 1, 2022 until June 30, 2022.

Modification of the deposit system

For owners and tenants, the transition to the new year marks the kickoff of the change of the deposit system.

The ordinance of September 15, 2021 provides for some modifications to the civil code, the dematerialization of acts and the deletion of the compulsory mention which was a source of disputes.Cations can also contest the debt.

Which could change current 2022

The infra-annual termination of borrower insurance, adopted by the National Assembly in November and supported by Bruno Le Maire, could come into force before the end of the five-year term.This measure, which must still be studied by the Senate, would allow borrowers to change insurance at any time during the holding of mortgage.

Currently, borrowers cannot change insurance when they wish during the first year of contract and then once a year, on birthday and with a notice period of 15 days.Another measure linked to mortgage insurance which could go to 2022, the end of the health questionnaire during a request for borrower insurance.

What will change in 2023

Certain changes planned in 2023 may already interest landlord landlords or investors.

Prohibition to rent the most energy -consuming goods

The decency criteria for rentals will evolve from January 1, 2023 and the worst thermal colanders will no longer be rented.Thus, the owners of goods which would exceed the energy consumption threshold of 450 kWh/m2 will no longer be able to rent unless they carry out energy renovation work.Good to know: the measure only concerns the new contracts signed on January 1, 2023.

Pinel +

The Pinel system does not change in 2022 and remains in force until 2024.On the other hand, from 2023 certain changes are to be expected.These changes concern the scales of tax exemption which will be gradually crossed out, going for example from 18% for an investment of 9 years in 2022 to 15% for an investment of the same duration in 2023.Another change, the creation of a "Pinel+" in 2023 which will keep the same advantages as the first with however some modifications since it will only be accessible to the accommodation respecting the RE2020 and having certain precise surface or services criteria,in particular access to the outside.