Decent housing in France: the 2002 decree criteria

The five decency criteria

Service-public.gouv.fr sums up decency in five criteria:

1. a minimum floor area;
2. a minimum energy performance;
3. no risk to the tenant’s safety and health;
4. no pests or vermin (rats, bedbugs, cockroaches);
5. minimum basic amenities.

The decree works alongside the hygiene and health rules of the code de la santé publique (Public Health Code) (ANIL). The règlement sanitaire départemental (departmental health regulations) may impose stricter conditions, particularly on floor area (service-public.gouv.fr).

Floor area: the 9 m² rule

Article 4 of the decree, in force since 1 July 2021, requires the home to have “at least one main room with either a habitable floor area of at least 9 square metres and a ceiling height of at least 2.20 metres, or a habitable volume of at least 20 cubic metres”.

In a flatshare with multiple leases, each flatmate must have a bedroom of at least 9 m² and 20 m³, excluding shared rooms. For flatmates to be entitled to personal housing benefit, the habitable floor area must reach 16 m² for 2 people, plus 9 m² per additional flatmate, up to a limit of 78 m² for 8 or more people (service-public.gouv.fr). A basement room cannot be let.

Energy performance: the timetable

Article 6 of the law of 6 July 1989 and article 3 bis of the decree set the minimum level, assessed at the time the lease is signed, renewed or tacitly extended:

In the overseas departments (Guadeloupe, French Guiana, Martinique, La Réunion, Mayotte), class F is required from 1 January 2028 and class E from 1 January 2031 (decree no. 2002-120, article 3 bis). As at 12 October 2026, the version of article 6 in force is that of 1 January 2025 (Légifrance).

Safety, health and facilities

The home must, in particular (service-public.gouv.fr):

• be wind- and watertight (clos et couvert) and protected against water and air infiltration;
• have guard rails and staircases in a condition fit for their use;
• present no obvious risk from its materials, asbestos included;
• have electricity and gas installations that comply with standards and are in good condition;
• allow adequate ventilation and provide sufficient natural light in the main rooms.

As for facilities, there must be a normal heating installation, drinking water at sufficient pressure, waste-water drainage with a trap, a kitchen or kitchenette with a sink supplied with hot and cold water, a WC separate from the kitchen and the dining room, a shower or bath, and an adequate electrical system. In a one-room home, the WC may be outside the home, provided it is in the same building and easily accessible. Finally, a home subject to an arrêté de mise en sécurité ou de traitement de l’insalubrité (a safety order or an order to remedy unfit conditions) cannot be considered decent.

The tenant’s remedies

The procedure described by service-public.gouv.fr:

1. Report the problems to the landlord, preferably by recorded-delivery letter with acknowledgement of receipt (an official template exists). Depending on the département, the report can also be made through Signal Logement, to be supported by State services.
2. If the landlord acknowledges the problem, have them set out in writing the works and their timescales.
3. If they dispute it, send them a formal notice (mise en demeure) by recorded-delivery letter. Notification from the body that pays the housing benefit counts as formal notice.
4. After 2 months without a reply or in the event of disagreement, refer the matter to the juge des contentieux de la protection (the judge who hears housing and consumer protection disputes). Free conciliation before the commission départementale de conciliation (departmental conciliation committee) or a conciliateur de justice (court conciliator) is possible beforehand.

The judge can set the works and their deadline, reduce the rent or suspend its payment, with or without the rent being paid into a deposit account, until they are carried out. For energy performance, the judge cannot order works that would put the building at risk, as certified by an architect, or that have been refused by the planning or heritage authority. In a copropriété (jointly owned building), the landlord can also avoid an order if they prove that they proposed the works at the general meeting without reaching the required majority.

Which professional to consult

Before letting a home, the diagnostiqueur (property surveyor) carries out the DPE, which determines the energy class used for the performance criterion. The agent immobilier (estate agent) handling the letting management can check the floor area and facilities against the decree, and the notaire (the public official who drafts property deeds) can advise you before buying a property intended for letting.