At the heart of these numerous articles, the new law has simplified and clarified certain provisions of the solidarity-based property lease (BRS) in order to facilitate its implementation, namely:

  • The restructuring of the operator’s BRS contract into a single initial BRS contract and the provision of a new contract template for notaries,
  • Solidarity-based land operators (OFS) may carry out work on land or properties they own with a view to creating housing,
  • The expansion of the OFS’s remit to include mixed-use development,
  • The possible delegation of the urban right of pre-emption to OFSs,
  • The extension of the Bank des Territoires’ GAIA loan guarantee,
  • The treatment of a BRS granted by an OFS-accredited social housing organisation as equivalent to a social housing sale, and exemption from capital gains tax,
  • The continuation and adaptation of the so-called ‘SRU’ scheme for social housing quotas in local authorities.

These specific provisions of the 3DS Act came into force on 23 February.

Maître Xavier LIEVRE and Ms Claire Vrielinck examine these new provisions in detail in an expert feature entitled ‘BRS and the 3DS Act: welcome simplifications and clarifications’, published in the journal *Solution notaire* No. 10 on 24 March [subscriber access].

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