Relative law with solidarity and the renewal urban

In France, the Law n° 2000-1028 of December 13rd, 2000 relating to solidarity and the renewal urban usually called law SRU , is a long and complex text, which modified in-depth the right of the Urbanisme and the Logement. Adopted under the Government of Lionel Jospin, it was published in the Official journal of December 14th, 2000.

Orientation

The law was elaborate around three requirements:
  • Requirement of solidarity;
  • Sustainable development;
  • Reinforcement of the democracy and decentralization.

Contents

Law SRU had an impact in five fields:
  • the right of town planning with:
    • the replacement of the Information system strategic plans (SD) by the Diagrams of territorial coherence (SCOT);
    • the replacement of the Plans of occupation of the grounds (POS) by the Local plans of town planning (RAINED);
    • suppression of the Plane of installation of zone (PAZ).

  • the social diversity with obligation of a percentage of 20% of social housing in the communes of more than 3.500 inhabitants (1 500 in Ile-de-France) included/understood in an agglomeration of more than 50.000 inhabitants, including/understanding at least a commune of more than 15.000 inhabitants. This obligation applies at the inter-commune level if a local Programme of the habitat were developed.

    • But the Code of Construction and the Dwelling also provides that the communes concerned with this obligation, can replace it by the payment of renewal fees: This one is fixed, according to the L.302-7 article of the aforesaid code, at 20% of the tax potential per capita (defined in the article L. 2334-4 of the general code of the territorial collectivities) multiplied by the difference between 20% of the main homes and the number of social housing existing in the commune the previous year, as it is known as with the article L. 302-5, without being able to exceed 5% of the amount of the real expenditure of operation of the commune noted in the administrative account related with the penult exercise.
This option was used by various communes missing of the space necessary, or on which the price of the ground was particularly high.

  • the transport with a philosophy tending to reduce the “invasion” of the car in the zones suitably served by public transport, mainly by the rarefaction of the parking spaces of the shopping malls and of multiplex cinématographiques.
    La law in addition reformed the organization of the Syndicat of transport of Ile-de-France (STIF) while making enter the Région within the Board of directors and giving him the presidency of this organizing Autorité of transport. Pursuant to the law n°2004-809 of August 13rd, 2004, the Area took, with some movements, the head of this Public corporation charged to coordinate transport in Ile-de-France. The text makes it possible in addition the Trade union to delegate its competences, except for the tariff policy, with the communes bordering on Paris (called then organizing authority second-rate). As from 2004, even the communities nonbordering could profit from this delegation and become “organizing authorities of proximity”. Lastly, law SRU authorizes the RATP to create subsidiary companies to answer the invitations to tender abroad.

The transfer of the management of FOR THE THIRD TIME to the District council. And the access for the professional subscribers to all the trains except those where a reservation is necessary, i.e. primarily TGV. In certain areas where FOR THE THIRD TIME are very few a tolerance exists. It is the case of the Poitou-Charentes which profits from an exemption to the opening of the LGV programmed for 2016.

  • the social lessors (HLM, OPAC,…) whose missions are redefined and extended.

  • the civil law with:

    • for the Joint ownership, required of a technical diagnosis before the setting in joint ownership of a building, put in conformity of the payments of joint ownership, opening of a separated bank account, modification of the majorities of articles 25 and 26, increase in the sanctions of the failing joint owners and recasting of the mode of joint ownerships in difficulty;
    • for the real sale various modifications: demarcation of the grounds, seven days retractation, diagnosis asbestos, etc;
    • for the beams of dwelling, handing-over of a Decent housing by the owner.

Evolution of the law

At the end of January 2006, the Loi SRU was softened by the National Assembly by the adoption of an amendment of Patrick Ollier and Gerard Hamel (Député UMP, Eure-et-Loir), in first reading on the bearing bill national engagement for housing (Loi ENL). The Ollier-Hamel amendment made it possible to compare certain operations of social accession to the property social housing. The Sénat had removed these measurements at the beginning of April 2006.

May 30th, 2006, with the National Assembly, during the examination in second reading of the bearing bill national engagement for housing (ENL), Patrick Ollier again deposited an amendment against the quota of 20% social housing imposed on 740 communes. According to him, this installation will facilitate the access of many households to the property.

The drafting of article 55 of law SRU was modified by article 65 of the Law National engagement for housing of July 13rd, 2006.

Notes and references of the article

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