This provision was one of the most contested in a decree published last summer.
The Council of State has annulled the most contested points of a government decree of 29 July 2023, allowing in particular the rental of accommodation with a ceiling height of 1.80 metres.
This decree on the “hygiene and sanitation standards for residential premises” has significantly loosened the rental criteria, in particular allowing the rental of “atypical” accommodations with a ceiling of at least 1.80 meters high or less than two meters wide.
The Council of State did not express an opinion on the merits but partially rejected the text, arguing that it had not been submitted for consultation to the Higher Council of Public Health (HCSP).
In its decision, France’s highest administrative court also ordered the State to pay €3,500 to the association Droit au logement (DAL), which brought the appeal in which the Abbé-Pierre Foundation, Secours catholique, ATD Quart-Monde, the National Confederation of Housing (CNL) and the Solidaires trade union joined forces.
“This is a victory for tenants in the hands of slum owners, large and small,” the DAL welcomed in a press release.
Reduction of the “level of requirements in terms of antigenic conditions”
The association regrets, however, that the Council of State has not cancelled the provisions of the decree which specifically authorised “the rental of studio flats equipped with toilets 30 metres away as the crow flies”.
In March, the Higher Committee for the Right to Housing, a government body, estimated that the contested decree had lowered “the level of requirements in terms of unsanitary conditions and (weakened) the fight against slum owners.”
“The decline in real estate production must not lead to the return to the real estate market of a low-quality offer, potentially dangerous to health, in fact, living in an apartment with a ceiling height of 1.80 m, or in an equipped basement, has limitations on lighting and ventilation provided by simply opening windows cannot be considered respectful of the right to housing of the occupants”, estimated the High Committee, calling for “a review” of the decree.