What is a dwelling subject to the 1948 law?
Verified 03 August 2026 - Public Service / (Prime Minister)
To be subject to the 1948 Act, a dwelling must be built before 1er September 1948 in or near certain municipalities with more than 10,000 inhabitants. The tenant must also have entered the premises before December 23, 1986. We explain.
FYI
A dwelling rented under the 1948 Act, which became vacant after 23 December 1986, may not be rented under the 1948 Act.
The lease is not necessarily written. The rental can therefore be verbal.
The content of the lease is not regulated.
There is no minimum lease term. It all depends on the duration agreed between the owner and the tenant when signing the lease. Lease for an indefinite period is permitted.
Each dwelling subject to the 1948 Act is classified in a category, according to its equipment and comfort.
The category of housing determines the maximum rent that the landlord may require from his tenant.
The classification is by housing and not by building. In fact, in the same building, there may be dwellings of various qualities, in particular according to their situation in the building (level, access...).)
Please note
Category I dwellings, considered to be of exceptional quality, are no longer subject to the 1948 Act.
The landlord can increase the rent once a year (we talk about annual review), or after having made amending works:
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Annual Review
The rules are different depending on whether the accommodation is in the Paris metropolitan area (Paris, Hauts-de-Seine, Seine-Saint-Denis, Val-de-Marne, some municipalities in Seine-et-Marne, Yvelines, Essonne, Val-d'Oise).
Parisian agglomeration
Rent can be increased to 1er July of each year.
The applicable rate of increase shall be:
- 0.78% from 1er July 2026
- 1.40% of 1er July 2025 to June 30, 2026
FYI
It is forbidden to increase the rent of a dwelling classified in category IV.
But after this increase, the rent cannot exceed one maximum amount.
To know this maximum amount, you must multiply the corrected surface housing by the base price per m2.
The base price per m2 to be used depends on the housing category :
Base price per m² of corrected area | ||
|---|---|---|
For each of the first 10 m² | For each other m² | |
II A | €14.11 | €8.37 |
II B | €9.70 | €5.20 |
II C | €7.44 | €3.93 |
III A | €4.49 | €2.38 |
III B | €2.66 | €1.38 |
IV | €0.26 | €0.12 |
Example :
For Type II C housing, with a corrected surface area of 43 m2 :
(€7.44 x 10) + (€3.93 x 33) = €204.09
The annual increase shall not result in the rent being higher than €204.09.
Other municipality
Rent can be increased to 1er July of each year.
The applicable rate of increase shall be:
- 0.78% from 1er July 2026
- 1.40% of 1er July 2025 to June 30, 2026
FYI
It is forbidden to increase the rent of a dwelling classified in category IV.
But after this increase, the rent cannot exceed one maximum amount.
To know this maximum amount, you must multiply the corrected surface housing by the base price per m2.
The base price per m2 to be used depends on the housing category :
Base price per m² of corrected area | ||
|---|---|---|
For each of the first 10 m² | For each other m² | |
II A | €11.52 | €6.87 |
II B | €7.94 | €4.32 |
II C | €6.06 | €3.26 |
III A | €3.68 | €2.06 |
III B | €2.19 | €1.15 |
IV | €0.26 | €0.12 |
Example :
For Type II C housing with a corrected surface of 43 m2 :
(€6.06 x 10) + (€3.26 x 33) = €168.18
The annual increase shall not result in the rent being higher than €168.18.
Amending works
The rules are different depending on whether the accommodation is in the Paris metropolitan area (Paris, Hauts-de-Seine, Seine-Saint-Denis, Val-de-Marne, some municipalities in Seine-et-Marne, Yvelines, Essonne, Val-d'Oise).
Parisian agglomeration
Rent can be increased to 1er July of each year.
The applicable rate of increase shall be:
- 0.78% from 1er July 2026
- 1.40% of 1er July 2025 to June 30, 2026
FYI
It is forbidden to increase the rent of a dwelling classified in category IV.
But after this increase, the rent cannot exceed one maximum amount.
To know this maximum amount, you must multiply the corrected surface housing by the base price per m2.
The base price per m2 to be used depends on the housing category :
Base price per m² of corrected area | ||
|---|---|---|
For each of the first 10 m² | For each other m² | |
II A | €14.11 | €8.37 |
II B | €9.70 | €5.20 |
II C | €7.44 | €3.93 |
III A | €4.49 | €2.38 |
III B | €2.66 | €1.38 |
IV | €0.26 | €0.12 |
Example :
For Type II C housing, with a corrected surface area of 43 m2 :
(€7.44 x 10) + (€3.93 x 33) = €204.09
The annual increase shall not result in the rent being higher than €204.09.
Other municipality
Rent can be increased to 1er July of each year.
The applicable rate of increase shall be:
- 0.78% from 1er July 2026
- 1.40% of 1er July 2025 to June 30, 2026
FYI
It is forbidden to increase the rent of a dwelling classified in category IV.
But after this increase, the rent cannot exceed one maximum amount.
To know this maximum amount, you must multiply the corrected surface housing by the base price per m2.
The base price per m2 to be used depends on the housing category :
Base price per m² of corrected area | ||
|---|---|---|
For each of the first 10 m² | For each other m² | |
II A | €11.52 | €6.87 |
II B | €7.94 | €4.32 |
II C | €6.06 | €3.26 |
III A | €3.68 | €2.06 |
III B | €2.19 | €1.15 |
IV | €0.26 | €0.12 |
Example :
For Type II C housing with a corrected surface area of 43 m2 :
(€6.06 x 10) + (€3.26 x 33) = €168.18
The annual increase shall not result in the rent being higher than €168.18.
It all depends on the person who wants to terminate the lease:
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As an owner
There are 2 possibilities:
At the end of the lease
The landlord who wants to take back the dwelling can do so at the term of the lease, on condition that give prior leave (notice) to the tenant.
FYI
If at the end of the lease the landlord has not given notice, the tenant has right to remain in the premises. The tenant can stay in the dwelling without any time limit and without the owner having to write a new lease.
At any time
The landlord can remove the dwelling from the rules of the 1948 Act, when the tenant has income greater than a minimum amount and the dwelling is of category II B or II C.
As a tenant
The tenant who wants to leave the dwelling permanently can do so at any time, provided that give prior leave (notice) to the owner.
It all depends on the situation:
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The housing is inhabited
The lease is terminated automatically.
The right to remain in the premises for an unlimited period shall be transferred to the following persons:
- Either the spouse or partner of Civil partnerships: titleContent of the tenant
- That is, until they reach the age of majority, minor children who have actually lived with the tenant for more than a year
- Either the ascendant who has been living with the tenant for more than a year
- Either the disabled person who has actually lived with the tenant for more than one year, provided that he receives one of these 3 aids (war disability pension, or work disability pension corresponding to a disability at least equal to 80%, or an allowance paid to any person having at least 80% permanent incapacity).
If several persons request the transfer of the right to remain in the premises, it is the judge who will decide taking into account the interests of each.
The competent judge shall be protection litigation judge of the court on which the dwelling depends.
Housing becomes vacant
The lease is terminated automatically.
As the housing has become vacant, it cannot be rented out again under the rules of the 1948 Act.
It all depends on the situation:
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The housing is inhabited
The lease is terminated automatically.
The right to remain in the premises for an unlimited period shall be transferred to the following persons:
- Either the spouse or partner of Civil partnerships: titleContent of the tenant
- That is, until they reach the age of majority, minor children who have actually lived with the tenant for more than a year
- Either the ascendant who has been living with the tenant for more than a year
- Either the disabled person who has actually lived with the tenant for more than one year, provided that he receives one of these 3 aids (war disability pension, or work disability pension corresponding to a disability at least equal to 80%, or an allowance paid to any person having at least 80% permanent incapacity).
If several persons request the transfer of the right to remain in the premises, it is the judge who will decide taking into account the interests of each.
The competent judge shall be protection litigation judge of the court on which the dwelling depends.
Housing becomes vacant
The lease is terminated automatically.
As the housing has become vacant, it cannot be rented out under the rules of the 1948 Act.
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- Departmental Agency for Housing Information (Adil)