sru law
LexInter | October 17, 2003 | 0 Comments

SRU LAW

 

Article 1
Amended by law 2003-590 2003-07-02 art. 97 II JORF July 3, 2003.

A., B I., II. – Modifying paragraphs

B III. – If the country defined in article 22 of the aforementioned law n ° 95-115 of February 4, 1995 is included in a territorial coherence plan, its provisions replace the town planning provisions of the country charter from approval of this territorial coherence plan.

 

Article 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26 , 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 40, 41, 42, 44, 45, 47, 48, 49, 52, 53, 55, 56, 57, 58 , 59, 60, 61, 62, 63, 65, 66, 67, 68, 69, 71, 73, 74, 76, 78, 80, 81, 82, 84, 85, 86, 87, 90, 91, 92 , 94, 95, 96, 97, 98, 99, 100, 101, 102, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119 , 120, 121, 122, 124, 125, 126, 129, 130, 133, 135, 136, 138, 140, 141, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153 , 154, 155, 156, 157, 158, 159, 160, 161, 162, 165, 166, 167, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181 , 182, 183, 184, 185, 186, 187, 188, 189, 192, 193, 194, 195, 196, 197, 198, 199, 201, 202, 203,204, 207, 208, 209


[* modifying article (s) *]

 

Article 26-1
Amended by law 2003-590 2003-07-02 art. 48 JORF July 3, 2003.

The safeguard and enhancement plans remain subject to the provisions of Articles L. 123-1 et seq. And L. 313-1 et seq. Of the Town Planning Code in their wording prior to this law until the publication of the decree implementing article 26.

 

Article 38

The architects of the Buildings of France may not exercise a design or project management mission on behalf of public authorities other than those which employ them or for the benefit of private persons in the geographical area of ​​their administrative competence.

 

Article 43

The provisions of articles 3 to 7 and 30 will come into force on a date fixed by decree in the Council of State and at the latest one year after the publication of this law. The provisions of article 37 will come into force one month after the publication of this law.

Section 2: The financing of town planning.

Article 46

1 °, 2 ° – Modifiers

3 ° The a and b of 1 ° of article L. 332-6-1 are repealed.

However, the repeal of the levy for exceeding the legal density ceiling takes effect when the legal density ceiling is removed under the conditions set out in II of article 50.

 

Article 50
Amended by law 2003-590 2003-07-02 art. 52 JORF July 3, 2003.

 

I., III. – Modifying paragraphs

II. – Articles L. 112-1 to L. 112-6, L. 113-1 and L. 113-2 and articles L. 333-1 to L. 333-16 of the town planning code, in their wording prior to the entry into force of this law, remain applicable in the municipalities where a legal density ceiling was established on December 31, 1999. The municipal council or the deliberative body of the competent public inter-municipal cooperation establishment may decide to remove the legal density cap. This is automatically abolished in the event of the institution of the contribution for roads and networks defined by article L. 332-11-1 of the town planning code, in the wording resulting from this law.

 

Article 51

For the tax base referred to in article L. 255 A of the book of tax procedures, the methods of calculating the net floor area of ​​farm buildings, resulting from the publication of the decree in the Council of State taken for the application of article 116 of the finance law for 1999 (n ° 98-1266 of December 30, 1998), are applicable from January 1, 1999.

 

Article 54

I. – (Modifying paragraph)

II. – The decisions taken in application of the second paragraph of article 1396 of the general tax code in its drafting prior to the entry into force of this law cease to have effect from the taxes established for 2002.

TITLE II: STRENGTHEN CITY POLICY.
Section 1: Provisions relating to solidarity between municipalities in matters of housing.

Article 64

I. – (Modifying paragraph)

II. – The provisions of article L. 5216-5 of the general code of local authorities resulting from this law are applicable to agglomeration communities existing on the date of publication of this same law. These provisions are also applicable to agglomeration communities whose constitution, by creation or transformation of an existing public inter-municipal cooperation establishment, has been initiated but has not yet been pronounced by prefectural decree on the same date.

The provisions of article L. 5215-20 of the general code of local authorities resulting from this law are applicable to urban communities existing on July 12, 1999, whose powers have been extended in application of III of article L. 5215 -20-1 of the aforementioned code before the publication of this law. These provisions are also applicable to urban communities existing on July 12, 1999, the extension of which has been initiated, in application of III of the same article, but has not yet been pronounced by prefectural decree on the date of publication of the same. law and to urban communities whose constitution, by creation or transformation of an existing public inter-municipal cooperation establishment, has been initiated but has not

When the public inter-municipal cooperation establishment in the process of being transformed into an urban community or an urban community does not statutorily hold, on the date of publication of this law, the powers referred to in 2 ° and 3 ° or in 5 ° of I of this article, as the case may be, the transformation procedure is suspended until the transfer of these powers under the conditions set out in article L. 5211-17 of the general code of local authorities. In this case, the extension of competences and the transformation can be pronounced by the same prefectural decree. The provisions of this paragraph do not apply to districts with more than 500,000 inhabitants which have initiated a conversion procedure in application of the first paragraph of the

 

Article 70

1 ° Provisions declared not to be in conformity with the Constitution by decision of the Constitutional Council n ° 2000-436 DC of December 7, 2000;

2 ° Provisions declared not to be in conformity with the Constitution by decision of the Constitutional Council n ° 2000-436 DC of December 7, 2000.

3 ° (Modifying paragraph)

Section 2: Provisions relating to the protection of the purchaser of a building and the condominium regime.

Article 72

I., II., III. – Modifiers

IV. – The provisions of this article come into force on June 1, 2001.

 

Article 75
Amended by law 2003-590 2003-07-02 art. 89 JORF July 3, 2003.

I., II., IV. – Modifying paragraphs

III. – The provisions of articles 14-1 and 14-2 inserted in the aforementioned law n ° 65-557 of July 10, 1965 comes into force on January 1, 2002.

The provisions of article 14-3 inserted in the same law and the provisions of II come into force on January 1, 2005.

 

Article 77

I. – (Modifying paragraph)

II. – For trustee mandates in progress on the date of promulgation of this law, the obligation to open a separate bank or postal account defined in I applies from December 31, 2002, on pain of nullity as of right. of said mandate.

 

Article 79

I. – (Modifying paragraph)

II. – The entry into force of the provisions of I is set for June 1, 2001.

 

Article 83
Modified by Law 2000-1353 2000-12-30 corrective finances art. 46 JORF December 31, 2000.

I. – (Modifying paragraph)

II. – The provisions of I apply from 2000. However, for the application of these provisions to the taxes established for 2000, the list provided for in the second paragraph of II of Article 1384 A of the General Tax Code must be sent to the tax services department before February 15, 2001.

 

Article 88

An economic revitalization fund is created in order to support and develop economic activity in sensitive urban areas defined in article 42-3 of law n ° 95-115 of February 4, 1995 of orientation for the development and development of the territory.

The purpose of the aid granted is, on the one hand, to compensate for the specific charges of companies already established in sensitive urban areas, and on the other hand, to aid in carrying out investments in sensitive urban areas and by way of derogation. for projects carried out in other priority areas for city contracts.

The methods of implementing this fund are specified by decree.

 

Article 89

I. – Regional investment companies take the form of public limited companies governed by Book II of the Commercial Code.

One or more regions may participate in the capital of regional investment companies in association with one or more legal entities governed by public or private law to ensure all or part of the financing of operations for the restructuring, planning and development of urban sites in difficulty.

The region can also pay subsidies to regional investment companies even if it does not participate in the capital of these companies. In this context, the region enters into an agreement with the regional investment company determining in particular the allocation and amount of the subsidy as well as the conditions and modalities for restitution of the subsidies paid, in particular in the event of a change in the corporate purpose or of cessation of activity of the regional investment company.

II. – Regional investment companies intervene for:

1 ° Allow the implementation of land actions necessary for the implementation of the operations referred to in I;

2 ° Support the improvement and renewal of housing real estate in old neighborhoods or social housing, degraded condominiums and promote, in terms of urban diversity, the creation of new housing;

3 ° Encourage investment in business real estate and support the restructuring of existing commercial areas, in particular in addition to actions carried out by the National Public Establishment for the development and restructuring of commercial and craft areas, or the carrying out of operations of new commercial real estate.

Subject to the provisions of I, regional investment companies intervene by taking a stake in the capital of companies carrying out urban renewal operations and by granting guarantees on loans or providing guarantee funds in equity or quasi-equity, in particular through the acquisition of a stake in the capital of companies or the allocation of participating loans.

They may also, under the conditions provided for by Law No. 84-46 of January 24, 1984 relating to the activity and control of credit institutions, intervene by granting loans and setting up leasing. immovable.

III. – Each shareholder region is entitled to at least one representative on the board of directors or on the supervisory board, appointed from among its members by the deliberative assembly.

At least one third of its capital and of the votes in the legislative bodies is held by a region or, jointly, by several regions.

The deliberative bodies of the shareholder region (s) vote on the written report which is submitted to them at least once a year by their representative on the board of directors or on the supervisory board.

 

Article 93

Any public water distribution service intended for human consumption is required to individualize contracts for the supply of water inside apartment buildings and residential housing complexes as soon as the owner in makes the request.

When it comes from an owner-lessor, the request is preceded by full information from the tenants on the nature and the technical and financial consequences of the individualization of the water supply contracts and is the subject, if it applicable, an agreement defined by article 42 of law n ° 86-1290 of 23 December 1986 tending to promote rental investment, home ownership of social housing and development of the supply land.

The owner who made the request takes charge of the studies and work necessary for the individualization of the water supply contracts, in particular the compliance of the installations with the prescriptions of the public health code and the installation of water meters. water.

The conditions of organization and execution of the public water distribution service must be adapted to specify the methods of implementation of the individualization of water supply contracts, while respecting the economic balance of the service. in accordance with article L. 2224-1 of the general code of local authorities. When the management of the meters of the buildings concerned by the individualization is not ensured by the authority responsible for the public service or its delegatee, this management is entrusted to a competent public or private body in accordance with the provisions of the public procurement code.

A Council of State decree specifies the conditions for the application of this article.

TITLE III: IMPLEMENT A TRAVEL POLICY IN THE SERVICE OF SUSTAINABLE DEVELOPMENT.
Section 1: Provisions relating to the urban travel plan.

Article 103

I. – Within a period of six months, the urban travel plans being drawn up on the date of publication of this law may be completed and approved in accordance with the previously applicable provisions. However, the modifications introduced by article 100 apply from June 30, 2000.

II., III. – Modifiers

Section 3: Provisions relating to the Syndicat des transports d’Ile-de-France.

Article 122

I. – For the application of legislative texts concerning passenger transport in Ile-de-France, the words:

in the Parisian transport region are replaced by the words:

in Ile-de-France, and the words: from the Parisian transport region by the words: from Ile-de-France.

Similarly, the words: Syndicat des transports Parisiens are replaced by the words: Syndicat des transports d’Ile-de-France.

II. – (Modifying paragraph)

Section 4: Implement the right to transport.

Article 123

In the area of ​​competence of the authorities organizing urban passenger transport, people whose resources are equal to or less than the ceiling set in application of Article L. 861-1 of the Social Security Code, benefit from titles allowing the ” access to transport with a tariff reduction of at least 50% or in any other form of equivalent aid. This reduction applies regardless of the user’s place of residence.

Section 5: Provisions relating to collective transport of regional interest.

Article 127

Changes to services of national interest, linked to the commissioning of a new infrastructure or following a modernization operation approved by the State and which make it necessary to reorganize the offer of regional passenger services, give rise to a review of the compensation paid by the State for the transfer of powers under the conditions provided for by decree of the Council of State.

 

Article 128

The State contributes to the effort to modernize regional stations as part of an investment program lasting five years from the date of the transfer of powers.

 

Article 131

To enable the regions to fulfill their responsibilities in maintaining the sustainability of the public rail transport service of passengers of regional interest, the State and Réseau Ferré de France inform them of any proposed modification of the consistency or characteristics of the national rail network in their territorial jurisdiction, any project for the construction of a new infrastructure, modification, adaptation of the existing infrastructure as well as any change in the operating conditions of the national rail network in their territorial jurisdiction.

A decree in the Council of State sets the conditions for the application of this article.

 

Article 132

Any proposed modification of the methods for setting railway infrastructure charges within the meaning of Article 13 of Law No. 97-135 of 13 February 1997 establishing the public establishment Réseau Ferré de France must be subject to ‘a consultation and an opinion of the region or regions concerned.

 

Article 134

I. – (Modifying paragraph)

II. – The provisions of the fifth paragraph of article L. 4332-5 of the same code are repealed as of January 1, 2004.

 

Article 137

A national committee to monitor the decentralization of passenger services of regional interest is created with the Minister in charge of transport. This committee is consulted on all issues related to the transfer of powers provided for in Article 124. It is made up of representatives of the regions, the State, Réseau Ferré de France and the Société nationale des chemin de fer français. .

A Council of State decree specifies the conditions for the application of this article.

 

Article 138

The provisions of the first paragraph of article 22 of the aforementioned law n ° 82-1153 of December 30, 1982 are repealed as of January 1, 2002.

 

Article 139

Five years after the date of the transfer of powers referred to in article 21-1 of the aforementioned law n ° 82-1153 of December 30, 1982, the Government will submit a report to Parliament on the assessment of this transfer of powers established on the basis of ” a joint evaluation carried out by the State and the regions.

This review will focus in particular on the quantitative and qualitative development of services as well as their financing, relations between the regions and the French National Railways Company, the development of intermodality, pricing and maintaining the consistency of the system. railway.

TITLE IV: ENSURE A DIVERSIFIED AND QUALITY HOUSING OFFER.

Article 142

The Government will present to Parliament, every three years from the promulgation of this law, a report on the territorial assessment of housing supply and needs.

Section 2: Solidarity between social housing organizations.

Article 163

I. – (Modifying paragraph)

II. – The board of directors of the guarantee fund referred to in article L. 431-1 of the construction and housing code administers the guarantee fund referred to in article L. 452-1 of the same code until ” at the first meeting of its board of directors and, at the latest, until June 30, 2001. The conditions of administrative and accounting management of the guarantee fund referred to in article L. 431-1 remain in force until the date of publication of the decree provided for in article L. 452-7.

III. – Articles L. 451-3 and L. 451-4 of the Construction and Housing Code are repealed as of January 1, 2001.

 

Article 164
Modified by Law 2002-1575 2002-12-30 finances art. 39 III JORF December 31, 2002.

I., III., IV., V. – Modifiers

II. – The provisions of Articles L. 453-1 to L. 453-3 referred to in I enter into force on July 1, 2003.

 

Article 167

 

I., II. – Modifiers

III. – Articles L. 451-3, L. 451-4, L. 481-1 and L. 481-2 of the Construction and Housing Code are repealed as of December 31, 2000.

Section 3: Insalubrity and the state of danger.
Sub-section 1: Unsanitary buildings.

Article 168

I. and II. – Modifiers

III. – The ad hoc committees currently responsible for giving the opinion provided for in Article L. 1331-26 of the Public Health Code are kept in office until the creation of the permanent delegations mentioned in Article L. 1416-2 of the same code.

Section 5: The rights of tenants.
Sub-section 2: The amicable settlement of rental disputes and the development of negotiations.

Article 190

I. – (Modifying paragraph)

II. – Subject to court decisions having the force of res judicata, holidays based on the decision to sell the accommodation are validated as long as they have not satisfied the provisions of article 46 mentioned in I above.

 

Article 191

A regional public industrial and commercial establishment is created, endowed with legal personality and financial autonomy, called the Nord – Pas-de-Calais public property management establishment.

This public establishment, attached to the Nord – Pas-de-Calais region, aims, throughout the regional territory, to acquire and manage, directly or indirectly, buildings for social rental owned by holding companies. majority shareholding in Charbonnages de France, respecting, in particular, the statutory rights of minors and their dependents. The public establishment can take any shareholdings in the aforementioned companies. It can also contribute to the financing, in association with other public bodies, of all actions in favor of social housing and urban renewal in the Nord – Pas-de-Calais region. To finance their home improvement work, this public establishment and its subsidiaries benefit from subsidies from the National Agency for Home Improvement, in application of Articles L. 321-1 and L. 321-2 of the Construction and Housing Code. The public establishment is subject to the contribution currently referred to as the additional contribution to the contribution representing the lease right and referred to for the year 2001 as contribution on income from the rental of premises provided for in the first paragraph of article 234 nonies of the code. general taxes. The acquisition and shareholding operations provided for in this paragraph are exempt from stamp duty, registration duty and land registration tax. public establishment is subject to the contribution currently referred to as additional contribution to the contribution representing the lease right and referred to for the year 2001 as contribution on income from the rental of premises provided for in the first paragraph of article 234 nonies of the general code of taxes. The acquisition and shareholding operations provided for in this paragraph are exempt from stamp duty, registration duty and land registration tax. public establishment is subject to the contribution currently referred to as additional contribution to the contribution representing the lease right and referred to for the year 2001 as contribution on income from the rental of premises provided for in the first paragraph of article 234 nonies of the general code of taxes. The acquisition and shareholding operations provided for in this paragraph are exempt from stamp duty, registration duty and land registration tax.

The resources of the public establishment consist of the income from the management or sale of housing and land available to it, dividends from its holdings, grants, loans and donations and bequests that it receives.

The public institution may provide its surety or guarantee for any loan contracted by the companies referred to in the second paragraph.

The public establishment is administered by a board of directors composed of:

For local authorities:

– members appointed by the regional council of the Nord – Pas-de-Calais region,

– members appointed by the general councils of the departments of Nord and Pas-de-Calais,

– members appointed by the association of mining municipalities of the departments of Nord and Pas-de-Calais,

For the occupants of the park:

– members appointed by the federations of representative miners’ trade unions from among the members of their bodies in the departments of Nord and Pas-de-Calais,

– members elected by the tenants,

as well as members appointed by the State representative in the Nord – Pas-de-Calais region from among people exercising or having exercised responsibilities in the field of housing.

The members appointed by the local authorities have the majority of the seats and the members representing the occupants of the park at least a quarter of the seats.

The board of directors elects a chairman from among its members and appoints a director whose attributions it determines.

The board of directors regulates the affairs of the public establishment through its deliberations. In particular, it defines the heritage rehabilitation policy, the conditions of access to managed housing as well as their rental and transfer conditions, in coordination with other public bodies working locally in the housing sector.

A decree in Council of State specifies the conditions of application of this article, and in particular the rules intended to ensure the social vocation of the immovable heritage and its contribution to the diversity of the habitat.

Sub-section 3: Consultation in the social park.

Article 200

The prefect presents, every two years, to the departmental housing council the state of the prefectural contingent in the social park as well as the assessment of the attributions carried out on the latter, the assessment of the implementation of the law n ° 98 -657 of July 29, 1998 of orientation relating to the fight against exclusion and respect for the principle of non-discrimination in housing.

TITLE V: MISCELLANEOUS PROVISIONS AND REPEALS.

Article 202

From I to XXXVIII – Modifiers

XXXIX. – Are repealed:

– Articles L. 111-1-3 and L. 111-4;

– Articles L. 121-7-1, L. 121-8-1, L. 121-10, L. 121-12 and L. 141-3;

– the second paragraph of article L. 332-28;

– Chapter III of Title I of Book I;

– Chapter V of Title II of Book I;

– Chapter III of Title IV of Book I;

– Chapter VII of Title I of Book III;

– Chapter III of Title II of Book III;

– Chapter I of Title III of Book III;

– section 1 of chapter II of title III of book III;

– Chapter III of Title III of Book III;

– Chapter IV of Title III of Book III.

 

 

Article 205

Provisions declared non-compliant with the Constitution by decision of the Constitutional Council n ° 2000-436 DC of December 7, 2000.

 

Article 206

Provisions declared non-compliant with the Constitution by decision of the Constitutional Council n ° 2000-436 DC of December 7, 2000.

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