I. Legislation and regulation

Residential leases: new standard contracts take effect

The new standard lease contracts for housing let as a main residence, introduced by Decree No. 2026-596 of 6 July 2026 (amending Decree No. 2015-587 of 29 May 2015 and Book VIII of the Construction and Housing Code), have been mandatory since 1 October 2026. The decree was published in July; it is its entry into force, which occurred this week, that is reported here. Landlords must now use the updated template for any lease concluded or renewed from that date.

Energy performance diagnosis (DPE)

The applicable framework is unchanged this week: the conversion coefficient for electricity has been lowered from 2.3 to 1.9 since 1 January 2026, homes rated G may not be let since 1 January 2025, and those rated F will be barred from 1 January 2028. The housing recovery bill announced in April 2026, which would allow such homes to be let in return for a commitment to carry out works, is still before Parliament.

Mapping: Géoportail closes

The public Géoportail closed for good on 30 September 2026 and has been replaced by cartes.gouv.fr (map exploration, data catalogue, publishing tools). Planning practitioners will need to update their cartographic evidence references.

II. Case law

Horizontal co-ownership: fences and low walls

Cass. 3e civ., 17 September 2026, No. 25-12.792, unpublished.

The Court dismisses the appeal: the court of appeal interpreted, within its sovereign discretion and without distorting it, the ambiguous clause of the co-ownership rules prohibiting the installation of fences, gates and wickets other than those prescribed by the developer. The clause bars the addition of such features, but not a change in the style of existing ones, which the general meeting may authorise by the majority under Article 25 b of the Law of 10 July 1965.

Practical scope. Interpreting an ambiguous clause is a matter for the trial judges; before relying on a prohibition clause against a plan to replace fences, one must distinguish the creation of new structures from the alteration of existing ones.

Co-ownership: excavation and damage to foundations

Cass. 3e civ., 17 September 2026, No. 24-20.525, unpublished.

The trial judges must establish precisely that the damage is materially attributable to the disputed works; stating that this is « obvious » does not meet the duty to give reasons under Article 455 of the Code of Civil Procedure.

Practical scope. A party seeking reinstatement must build positive, documented evidence (expert report, bailiff’s findings) of the link between the works and the damage.

Conseil d’État: adversarial nature of the investigation

Conseil d’État, 10th chamber, 27 August 2026, No. 501591 (not reported in the Recueil).

The judgment of the Nantes Administrative Court is set aside: a defence brief from the municipality had been sent to the claimants at the same time as the order closing the investigation, leaving them no useful time to reply, in breach of the adversarial nature of the investigation. The claimants are awarded EUR 3,000. This decision predates the period covered.

III. Other points to watch

Administrative guidance and tax (JurisHebdo Immobilier No. 1068 of 28 September 2026): transitional VAT regimes for works (BOFiP), development tax instalments applicable from 3,000 m², and tax relief for reconstruction in New Caledonia. A new social and financial assessment form (lease termination) has also been published.

Case law reported by JurisHebdo (Nos. 1068 and 1069 of 5 October): a co-ownership clause requiring the general meeting minutes to be drawn up by a notary, the starting point of the two-year limitation period for a commercial tenant’s claim based on its right of first refusal, a condition precedent deemed fulfilled through the creditor’s fault, the State’s power to amend the Île-de-France regional master plan (SDRIF) adopted by the region.

Sector: the CAPEB (craft builders’ federation) presented more than one hundred proposals on 28 September ahead of the 2027 presidential election. Latest statistics consulted (SDES, 28 July): 30,906 homes authorised in June 2026 (down 4.8%) and 25,666 housing starts.

The firm advises on French real estate and construction law.

Previous edition: Weekly Digest: Real Estate and Construction Law (21-27 September 2026)
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