Having heating or acting for the environment can encourage the tenant to want to carry out energy saving work. It is possible under certain conditions.
by Nathalie Coulaud
Installing a wood stove, isolation of the attic or a garage are work that is usually the responsibility of the owner. The latter assumes, in fact, important or expensive work. But, to allow tenants to act despite everything, the climate and resilience law of August 22, 2021 has set up a specific specific device in a decree of July 20, 2022 .
The text indicates that the tenant can carry out the insulation of low floors, attic and even replace exterior joinery or install sun protection of the glass or opaque walls. The work may also concern the installation or replacement of a ventilation system, heating and domestic hot water production equipment and equipment necessary for their operation.
“Be careful all the same, this work can be expensive, in particular the replacement of windows and it is not the tenant to assume this cost”, warns the association Consumption Housing and Living Environment (CLCV).
Usually, to carry out heavy or assimilated work on transformation work, the tenant must obtain the written authorization of the owner. But the climate and resilience law provides for a derogatory regime: the tenant who plans to conduct insulation work at his expense sends a letter to inform its owner.
This one has two months to respond and accept or refuse the work. But if he does not respond within the time limit, he will be deemed to have given his tacit agreement to this transformation work and will not be able, at the end of the lease, ask for the restoration of the inventory.
a letter detailing the work
For the tenant, it is better to proceed by registered mail with acknowledgment of receipt even if the regulatory texts do not stipulate it. In addition, the mail must indicate the nature of the work undertaken, the conditions under which they are carried out, for example the date on which they will take place.
The mail must also recall the legislation: “It is necessary to mention paragraph F of article 7 of the law of July 6, 1989 which specifies that the absence of response within two months from the date Reception is worth a decision to accept the lessor. And it should also be indicated that the lessor cannot demand the delivery of the premises in the state of the departure of the tenant “, recalls my expert renovation energy, specialist in economics work energy.
Another constraint: the mail must indicate which company will carry out the work. The text therefore seems to exclude their realization by the tenant himself. The work is also subject to compliance with the energy performance fixed by the decree of March 22, 2007 relating to the technical characteristics and the energy performance of existing buildings. If we carry out the work yourself, it is difficult to certify that the performance requested is well achieved, unless you are a professional in the sector.
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