Tenant works in France: what needs the landlord's consent

Fitting out or altering: where is the line?

The rented home is the tenant’s residence: they have the right to fit it out and use it freely, provided they comply with the lease and, in a copropriété (building in co-ownership), the règlement de copropriété (building regulations) (F1874). Service-public.gouv.fr gives changing the carpet and repainting the walls as examples of simple fitting-out.

Knocking down a partition wall, on the other hand, is an alteration, which requires the owner’s written consent (F1874). The law does not draw up a list. If in doubt, for example to paint the walls a garish colour, service-public.gouv.fr advises asking for permission before starting.

A dispute over how the works should be classified, simple fitting-out or alteration, goes to the conciliateur de justice (court conciliator) and then, if necessary, to the juge des contentieux de la protection (the judge who hears tenancy and consumer disputes). Conciliation is compulsory before going to the judge if the dispute concerns €5,000 or less (F1874).

Outside a rented house, the rule is the same: installing solar panels, for example, means having first asked for and obtained the owner’s permission (service-public.gouv.fr, F31473).

Altering without written consent: the consequences

Article 7 f of the 1989 Act prohibits the tenant from altering the rented premises and equipment without the owner’s written consent. It adds that “failing such consent, the latter may require the tenant, on leaving the premises, to restore them to their original state or keep the alterations made for their own benefit” (our translation).

The landlord therefore has the choice, when the tenant leaves (F1874):

• keep the alterations, without reimbursing the cost of the works;
• require restoration to the original state, immediately and at the tenant’s expense.

The same article provides for a more serious case: if the alterations jeopardise the proper functioning of the equipment or the safety of the premises, the landlord may require their immediate restoration, at the tenant’s expense, without waiting for the end of the lease.

Energy renovation at your own expense: the procedure

A tenant may have energy renovation works carried out at their own expense; when they leave, the landlord cannot require the premises to be restored to their original state (F1874; art. 7 f). Decree no. 2022-1026 of 20 July 2022 sets out the list (F1874):

• insulation of ground floors;
• insulation of lofts and loft ceilings;
• replacement of external joinery (windows and doors);
• solar shading of glazed or solid walls;
• installation or replacement of a ventilation system;
• installation or replacement of a heating and domestic hot water system and the associated interfaces.

These works must comply with the thermal standards for existing buildings. They must not affect the building’s structure, its external appearance or its use, nor be subject to an autorisation d’urbanisme (planning authorisation) (déclaration préalable (prior declaration), permis de construire (building permit)). In a block of flats, they must not affect the common parts or common equipment (F1874).

The request. It is sent by recorded-delivery letter with proof of receipt. It describes the works and how they will be carried out precisely, names the chosen contractor and reproduces the text of article 7 f (F1874).

The landlord’s reply. The landlord has 2 months. Within that period, they may accept, undertake to carry out the works themselves at their own expense within 1 year at most, or refer the matter to the juge des contentieux de la protection on serious and legitimate grounds. The law states: “Failure to reply within two months of the date of receipt of the request constitutes a decision of acceptance by the landlord” (art. 7 f). If the works affect the main structure, the landlord may require them to be supervised by an architect (F1874).

After the works. Within 2 months of completing the works, the tenant certifies to the landlord that the planned contractor did indeed carry them out and that the works done are those that were authorised (F1874).

Adaptation for disability or loss of autonomy

The same procedure applies to adaptation works carried out at the expense of a tenant with a disability or loss of autonomy (decree no. 2016-1282). Service-public.gouv.fr gives the list (F1874):

• creating, removing or modifying partition walls or interior doors;
• adapting the kitchen, toilet and shower room;
• electrical sockets, telecommunications sockets and light points;
• control systems: electricity, water, gas, heating, intercom;
• lifts and devices to help with getting around;
• opening, closing and alarm systems.

Here again, 2 months’ silence counts as consent and restoration to the original state cannot be required when the tenant leaves (art. 7 f). Service-public.gouv.fr provides a template request letter.

The landlord’s works: what the tenant must accept

Conversely, the tenant must allow access to the home for works that are the owner’s responsibility: improving the common or private parts, maintenance, energy performance, bringing the home up to décence (decent housing) standards (F1874). The landlord gives notice of the nature of the works and how they will be carried out by recorded-delivery letter or by hand. The tenant may refuse access on Saturdays, Sundays and public holidays, and if the works last more than 21 days, the rent is reduced in proportion to their duration (F1874). See also our guide on réparations locatives (tenant repairs).

Which professional to consult

An agent immobilier (estate agent) who manages the property receives the request for works and passes it on to the owner; they also draw up the move-in and move-out inventories that will be used to record any alterations. Before energy renovation works, a diagnostiqueur (property surveyor) can place the home on the DPE (energy performance rating) scale.