Social accession to real estate ownership in France: The end of the individual property model?
Résumé
This contribution comes within the framework of an event organized by Malmö University as part of a reflection on land and buildings developed in collaboration with the University Jean Moulin Lyon 3 (France), the University MC Gill (Canada) and the Royal University of Law and Economic Sciences (Cambodia).
This contribution is a reflection on social home ownership in France. After having placed the topic in its context in time and, in particular, the contemporary context (fight against co-ownership in difficulties, fight against thermal sieves...), the author adopts an approach that is both global and technical. It critically examines public policies on social homeownership over time. Social home ownership is still promoted in France. New or old tools are used, particularly in tense urban areas, to identify mobilisable land and to mobilise it effectively by reducing its cost (in particular by using long-term leases and discount systems). In addition, support measures for first-time buyers are being implemented at the legal level by using mechanisms enabling future buyers to test their ability to become owners, in particular through capital leases, and by developing guarantees, both upstream and downstream, so that the candidate for accession can give informed consent and can, in the event of a life accident, limit the consequences of his choice to become an owner. However, the question of social home ownership, as a mode of access to housing, must not be approached only from the prism of the supposed interest of the individual in becoming a homeowner. A global approach to access to housing must be taken into account, involving an assessment of all the interests involved: the legitimate interest of a person who aspires, more than to a roof, to become the owner of it, the particular interest of the other occupants in the context of a collective housing, the collective interest of the condominium association and the general interest. Man's action or inaction has an influence on the whole of our planet. The building sector is an energy-intensive sector and is therefore one of the target sectors in the fight against global warming. However, France has 7 to 8 million thermal sieves, including 600,000 in the social sector. Each question can only be addressed by selecting an answer adapted to all these issues, which are social, economic and environmental. The choice to continue to pursue the dream of a France of owners is questionable. Does social ownership still correspond to individual ownership? Private land ownership, temporary ownership... social ownership covers various legal realities, but a very real financial reality: whoever has a right of ownership at least over the building must assume all the obligations associated with it, in terms of maintenance, energy renovation or other. Is the right of ownership then appropriate? for all? Wouldn't the use of a right of use be more so in cases where households cannot bear more than the use value of the property?