Because the relevant decrees have not yet been published under the ALUR law, it is not presently a legal requirement for diagnostic reports on gas and electrical installations to be attached to rental agreements for furnished or unfurnished properties. However, before letting rented accommodation, it is still the landlord/owner’s responsibility to ensure that gas and electric installations are in good condition.
Gas and electricity: Two new diagnostics for furnished rentals
The ALUR law has added a new section 3-3 to the law of 6 July 1989, which now applies to all furnished rentals designated as a tenant’s ‘principal residence’. This provision will require an inspection report detailing the condition of the internal gas and electricity installations to be attached to the rental agreement at the time of signature. The report is designed to assess any risks which could endanger personal safety.
A Conseil d’Etat decree will be issued to define the new procedures this provision will require, the date they will come into force, and the detailed implications for different types of housing. Under the ALUR law, all necessary decrees must be issued within six years – which therefore means by 26 March 2020. In the meantime, there is no obligation upon landlords to either create these diagnostic reports or attach them to rental agreements. .
Gas and electricity: Compliance with safety standards
Despite the absence of a decree, it would be unwise to conclude that landlord/owners need not concern themselves with the condition of gas and electrical installations in their housing. In fact, decree No. 2002-120 of 30 January 2002 which sets out acceptable housing standards stipulates that, before letting a property to a tenant, the landlord/owner must ensure the housing does not present obvious risks to the health and safety of its occupants. This decree expressly provides that gas and electricity networks and connections must comply with all legally designated safety standards, and be in working order and in a good state of repair (Read What are the tenant’s obligations regarding the electrical installations of his property ?). Before renting out a property, the landlord/owner must check and verify that the internal gas and electrical installations present no obvious risks. Otherwise, the tenant may sue to obtain compliance, and the landlord may possibly be faced with civil and criminal liabilities.