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New law to sell a house in 2023
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New law to sell a house in 2023

21 July 2023

As the climate emergency grows ever more pressing, measures to reduce our carbon footprint are multiplying. With this in mind, the French real estate sector is preparing to welcome a new law that will transform the way we sell our homes. In 2023, a new set of regulations will come into force, focusing on the energy performance of homes. From now on, every seller will be required to undergo a mandatory energy audit, a giant step towards a more sustainable future.

Introducing the new law for selling a home in 2023

The new law for selling a house in Collioure or elsewhere in France in 2023 brings significant changes in the field of energy efficiency and aims to strengthen the fight against thermal wastes in France. These "heatwasters" - the most energy-hungry, energy-inefficient homes - are at the heart of the country's environmental concerns.

The Climate Law recently passed into law, has introduced a number of measures to combat thermal wasteland. One of these measures prohibits the rental of the most energy-intensive housing. The ban will be phased in from January 1, 2023, and will run until 2034. This decision is designed to encourage landlords to improve the energy efficiency of their homes, and to put an end to rentals of very energy-intensive accommodation.

What's more, since August 24, 2022, a rent freeze has been in force for thermal flats. This measure is designed to protect tenants from paying excessive rents for energy-inefficient housing.

Seller's energy audit obligations

When it comes to selling an energy-consuming housethe seller is subject to specific energy audit obligations. This audit is a key element in the sales process, as it informs the buyer about the property's energy performance and the work required to improve it.

This document must be given to the prospective buyer on the first visit to the property, and must be attached to the promise to sell. It's important to note that completion of the recommended work is not a condition for closing the sale. The aim is to inform the buyer so that he or she can integrate this work into the purchase project, which is usually accompanied by a renovation program.

But who can carry out an energy audit? For multi-unit residential buildings, qualified professionals are design offices specializing in building energy audits (tertiary and/or collective housing) with the OPQIBI 1905 qualification qualification, as well as architectural firms and architects who are members of the professional association and have undergone appropriate training.

For single-family homes, the professionals authorized to carry out an energy audit are design offices and companies qualified for energy audits in single-family homes with the OPQIBI 1911 qualification as well as "RGE offre globale" certified companies. In addition, certified real estate diagnosticians are also authorized to carry out energy audits, provided they supply a certificate issued by a certification body, which must be attached to their audit report.

Energy audit results and their impact on sales

The energy audit assesses the home's energy consumption, highlighting sources of waste and potential areas for improvement. It provides quantitative data on the home's energy performance, such as energy consumption, greenhouse gas emissions and energy performance classifications.

Based on the results of the audit, work can be recommended to improve the home's energy performance. This work can include insulating walls and attics, replacing windows with more energy-efficient models, installing more efficient heating and cooling systems, or using renewable energy sources. Owners must take these recommendations into account and decide which measures to implement according to their budget and priorities.

The results of the energy audit can also influence the sale value of the property. A home with better energy performance can be considered more attractive to buyers, which can lead to a higher sale price. On the other hand, a home with poor energy performance may require additional investment on the part of the buyer to improve its energy efficiency, which may result in a lower sale price or more difficult negotiation.

Penalties for non-compliance with the new law

Penalties for non-compliance with the new law have been introduced to ensure that measures to improve the energy performance of housing are effectively applied. From January 1, 2023, all owners of "passive heat" properties are required to carry out energy improvement work to achieve at least energy class E by 2023.

In addition to financial sanctions, control and appeal procedures will be put in place to guarantee transparency and justice. In the event of a dispute, owners will be able to assert their rights and present their arguments before the competent authorities. These appeal procedures will make it possible to examine each case individually, and to take into account any extenuating or justifying circumstances.

The benefits of the new law for buyers and sellers

The new law has brought many benefits to both buyers and sellers on the real estate market. This innovative legislation aims to improve the transparency and quality of real estate transactions, focusing on key aspects such as property valuation and energy efficiency.

Sellers benefit greatly from this law, thanks to the increased value of their property. By requiring better information on the energy performance of properties, the law enables sellers to highlight the ecological assets of their property.

On the buyer's side, the new law also offers a series of significant advantages. Firstly, buyers benefit from better information on the energy performance of the properties they are considering buying. This enables them to assess potential energy-related costs more accurately, anticipate any renovation work required and adjust their budget accordingly. With a clearer picture of a property's energy characteristics, buyers can make more informed decisions and avoid unpleasant surprises after the purchase.

What are the new standards for selling a house?

From January 2028, a new obligation to carry out renovation work will be introduced. Energy consumption in housing must no longer exceed a maximum threshold of 330 kWh per square meter per year. Homeowners will therefore be required to carry out renovation work to reach at least class E on the Diagnostic de Performance Energétique (DPE). In the event of non-compliance, penalties will be applied, although their precise nature will be defined from 2023 onwards.

The new law for selling a house in 2023 marks the beginning of a real estate era resolutely focused on sustainability. More than just a regulation, it represents a unique opportunity to rethink the way we live, consume energy and add value to our properties.

By making an energy audit compulsory, this law encourages us to look at our homes in a new light, to explore the unsuspected nooks and crannies of their energy efficiency, and to become actively involved in the fight against climate change. It gives us a chance to make every real estate transaction a step towards a more sustainable future.

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