Property inspection reports in France are governed by a body of legislative and regulatory texts that protect both tenants and landlords. The ALUR Act of 24 March 2014 and the decree of 30 March 2016 form the cornerstone of this framework. This guide sets out the complete legal framework in detail.
Important note: this guide is for information purposes only and does not constitute legal advice. For specific questions, please consult a qualified legal professional.
Applicable legislation
The ALUR Act (24 March 2014)
Act no. 2014-366 of 24 March 2014 on access to housing and renewed urban planning (the ALUR Act) profoundly reformed the legal framework for residential letting in France. With regard to property inspection reports, it introduced several key provisions:
- -Mandatory joint inspection report at check-in and check-out.
- -Definition of the minimum required content for an inspection report.
- -Cap on the tenant's share when a professional is instructed (3 €/m²).
- -Reduction of the security deposit return period to 1 month (if no damage) or 2 months (if damage found).
- -Penalty of 10% of the monthly rent per month of delay in the event of late return of the deposit.
The decree of 30 March 2016
Decree no. 2016-382 of 30 March 2016 specifies the content and procedures for inspection reports. It sets out the mandatory information that must appear in the document:
- -The type of inspection (check-in or check-out).
- -The date of the inspection.
- -The location of the property (full address).
- -The identity of the parties (landlord and tenant) or their representatives.
- -Readings from individual meters (water, electricity, gas).
- -Details and purpose of keys or any other means of access.
- -For each room: a precise description of the condition of surfaces (floors, walls, ceilings), equipment and fittings.
- -The signatures of the parties.
The Act of 6 July 1989
Act no. 89-462 of 6 July 1989 aimed at improving tenancy relations is the founding text of French tenancy law. It has been amended on numerous occasions, most notably by the ALUR Act. Its article 3-2 establishes the principle of the inspection report and the procedures for carrying it out.
Landlord obligations
Landlords have precise obligations regarding property inspection reports:
Carrying out the inspection
The landlord must propose a joint inspection at check-in and check-out. If the tenant refuses, the landlord may have the inspection carried out by a bailiff.
Providing a copy to the tenant
The tenant must receive a copy of the report, signed by both parties. The copy may be handed over in person, sent by recorded delivery, or transmitted electronically with the tenant's agreement.
Complying with minimum content requirements
The document must contain all the information required by the decree of 30 March 2016. An incomplete inspection report may be declared null and void by a judge.
Returning the security deposit
The landlord must return the security deposit within the legal deadlines: 1 month if the check-out matches the check-in, 2 months if damage is found. Any deduction must be justified by supporting documents (quotes, invoices, comparative inspection reports).
Tenant obligations
Tenants also have obligations under French law:
- -Participating in the inspection: the tenant must be present (or represented) during the joint inspection.
- -Maintaining the property: the tenant is responsible for routine maintenance and minor repairs (article 7 of the 1989 Act).
- -Returning the property in good condition: the tenant must return the property in a good state of repair and maintenance, taking wear and tear into account.
- -Allowing access to the property: the tenant must permit the check-out inspection to take place, failing which it may be carried out by a bailiff at their expense.
Penalties for non-compliance
Failure to comply with obligations relating to property inspection reports carries significant legal consequences:
Absence of a check-in inspection report
The tenant is presumed to have received the property in good condition (article 3-2 of the 1989 Act). The landlord will be unable to justify any deduction from the security deposit for damage, unless they can prove its existence by other means (which is very difficult in practice).
Non-compliant inspection report
An inspection report that does not meet the minimum content required by the decree may be declared null and void by a judge. The consequences are the same as the absence of a report: presumption of good condition.
Failure to return the security deposit
A penalty of 10% of the monthly rent excluding service charges per month of delay commenced. The tenant may refer the matter to the civil protection judge to obtain an order requiring the landlord to pay the deposit plus penalties.
Unjustified deduction
If the landlord deducts an amount from the security deposit without being able to justify it (no comparative inspection, no quotes or invoices), the tenant may go to court. The landlord risks being ordered to repay the deducted sum, plus late payment penalties and potentially damages.
Wear and tear schedules
The ALUR Act introduced the concept of a wear and tear schedule as part of the property inspection framework. Wear and tear refers to the normal deterioration of the property and its fittings due to time and ordinary use.
A wear and tear schedule may be annexed to the tenancy agreement. It sets out, for each element of the property (paintwork, carpeting, flooring, sanitary fittings, etc.), a theoretical lifespan and an annual depreciation rate. This rate is used to calculate the residual amount chargeable to the tenant in the event of damage.
For example, if paintwork has a lifespan of 9 years with a depreciation rate of 15% per year from year 1, and the tenant vacates after 5 years, the wear and tear will be 5 × 15% = 75%. The tenant will therefore only be liable for 25% of the cost of repainting.
In the absence of a schedule annexed to the tenancy agreement, wear and tear is assessed on a case-by-case basis, which is a common source of disputes. It is therefore strongly recommended to include a wear and tear schedule in the tenancy agreement.
Using a professional
French law regulates the use of professionals for carrying out property inspections:
- -Professional instructed by the parties: the parties may agree to instruct a professional (estate agent, independent expert). The tenant's share is capped at 3 €/m² of living space. The remainder is payable by the landlord.
- -Bailiff: if one party refuses to participate in a joint inspection, the other party may instruct a bailiff. Costs are then shared equally between landlord and tenant.
Using an independent expert such as EDL 33 combines the benefits of neutrality with cost-effectiveness. My reports comply with all current regulations and carry enhanced evidential weight thanks to eIDAS electronic signature.
Recent developments and outlook
The regulatory framework for property inspections continues to evolve. The main trends observed in recent years are:
- -Digitalisation: electronic signatures are increasingly accepted and recognised. The eIDAS regulation provides a solid legal framework for digitally signed documents.
- -Strengthened tenant protection: the legislative trend is towards better regulation of security deposit deductions and greater transparency.
- -Professionalisation: more and more landlords and estate agencies are turning to specialist professionals, recognising that a property inspection is a technical exercise requiring dedicated expertise.
- -Integration of new technologies: high-resolution photographs, digital time-stamping, dedicated applications — the tools are modernising to produce ever more precise and usable reports.