Insights in terms of accessibility standards in new housing can be summarised in a few key concepts: PMR accessibility standards and laws, developer discharge and simple reversibility.
We are going to decipher these different notions in this article in order to provide clear in-depth explanations concerning the modifying works of PMR acquirers.
Focus on recent legislation
The Construction Code concerning PMR regulations for new collective housing stipulates that “New residential buildings and their surroundings must be built and fitted out in such a way as to be accessible to disabled people regardless of their disability” (art. R*111 -18 of the construction and housing code). “Is considered accessible to people with disabilities any collective residential building or any development related to a building allowing a disabled resident or visitor, with the greatest possible autonomy, to circulate, to access premises and equipment, to to use the equipment, to find one’s bearings and to communicate.
The conditions of access for disabled people must be the same as those for other audiences or, failing that, have an equivalent quality of use” (art R*111-18-1 of the construction and housing code, says CCH). You are buying a new off-plan home. Off-plan apartment or CCMI house.
You note these circles on the developer’s plan, as well as dotted rectangles in certain rooms: kitchen, bathroom, bedroom. These are the accessibility standards to be met for good circulation and handling of a wheelchair in new housing. All new housing must meet accessibility standards that have evolved in recent years. The Elan law (evolution of housing, development and digital technology) of November 2018 provided for making all new housing accessible to people with reduced mobility.
All new housing must meet accessibility standards that have evolved in recent years.
The Elan law (evolution of housing, development and digital technology) of November 2018 provided for making all new housing accessible to people with reduced mobility.
Nevertheless, a decree published on October 11, 2019 relaxed the provisions relating to accessibility of the Elan law with the 80/20 rule in housing.
This decree specifies that 20% of new housing, apartments or houses must be adapted according to PMR accessibility standards upon delivery.
The remaining 80% must remain scalable according to the principle of reversibility. From a practical point of view, this assumes that the accommodation can be brought back into line with accessibility standards by carrying out simple work.
On the other hand, each new dwelling must be able to be visited by a person with a disability.
Since October 1, 2019, the installation of a lift is now mandatory in collective residential buildings with more than two floors (compared to three previously) housing accommodation above or below the ground floor.
New accessibility measures that came into force on January 1, 2021 require property developers to set up upgradeable bathrooms from the start with walk-in showers without the presence of a shower projection (the small ledge to enter them ) in new homes.
This measure directly concerns individual houses as well as apartments on the ground floor. It aims to facilitate life and accessibility for people with reduced mobility and the elderly.
Can I remove accessibility standards from my future accommodation?
Many buyers of new real estate are keen to optimise the purchase of their off-plan accommodation. At the price of square meters these days, gaining half a square meter in a new home amounts to immediately earning several thousand euros even before the home comes out of the ground…
Example of a VEFA plan with PMR accessibility standards - Modifying works for PMR buyers
The question therefore arises of understanding the standards in terms of accessibility in order to be able to make the most of them for your own accommodation.
To the question: can I make a TMA request to my promoter to optimise my property?
The answer is: YES it is possible BUT under certain conditions:
1. The request for modification works must come from the purchaser
2. The purchaser must necessarily sign a contract/Acquirer Modification Works Agreement with the developer
3. A disabled person, whatever their disability, must be able to visit the accommodation normally, in particular to be able to go to the living room and the toilets, move around and come out of them. This clearly means that PMR buyer modification works must comply with certain rules that must be known and applied.
4. The purchaser must ensure that the modification work requested respects the principle of reversibility of accessibility standards in the future new accommodation, i.e. the room in which you wish to make the modifications can become PRM again with “simple jobs”. By simple work, we mean housing development work that does not affect load-bearing walls, service ducts, the electrical panel, air inlets or even common vertical ducts.
5. The plan before and the plan after the purchasers’ modification works will both be appended to the TMA contract signed with the promoter. It should also be noted that property developers often ask them to sign a waiver. This discharge allows them to discharge themselves from the new non-compliance with housing accessibility standards due to the modifying work carried out at the request of the purchaser.
In conclusion, knowing how to understand and apply the uses of PMR accessibility standards represents a crucial point in the possibility or not of modifying the developer’s initial plan in order to try to gain square meters that are so expensive these days and to arrange better your future home purchased off-plan. Getting advice from a VEFA and TMA expert in this overall approach to optimising your developer plan will allow you to avoid making irreparable errors and to obtain accommodation that really meets your expectations and desires.
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