LE PRET A TAUX ZERO POUR L’ACQUISITION DE LOGEMENTS NEUFS EN 2018
Les primo-accédants qui acquièrent un logement neuf peuvent bénéficier du prêt à taux Zéro (PTZ), sous condition de ressources.
Qui peut en bénéficier ?
Les primo-accédants peuvent bénéficier du PTZ sous condition de ressources. Par primo-accédant, on entend un ménage qui n’a pas été propriétaire de sa résidence principale au cours des deux années précédant l’offre de prêt et dont les revenus ne dépassent pas le plafond établi.
Les plafonds de ressources applicables sont les suivants :
Zone B2 (Gap et Briançon) - Les plafonds sont :
1 Pers. : 27 000 € - 2 Pers. : 37 800 € - 3 Pers. : 45 900 €
4 Pers. : 54 000 € - 5 Pers. : 62 100 € - 6 Pers. : 70 200 €
Zone C (reste des Hautes-Alpes) - Les plafonds sont :
1 Pers. : 24 000 € - 2 Pers. : 33 600 € - 3 Pers. : 40 800 €
4 Pers. : 48 000 € - 5 Pers. : 55 200 € - 6 Pers. : 62 400 €
Pour quel type d’acquisition ?
Le PTZ+ est destiné aux personnes qui acquièrent leur logement à titre de résidence principale.
Quel montant ?
Le montant du PTZ+ varie selon le nombre de personnes composant le ménage, le lieu de situation et la performance énergétique du logement. Il est plafonné comme suit pour les acquisitions dans le neuf :
Zone B2 (Gap et Briançon) - Les montants sont :
1 Pers. : 22 000 € - 2 Pers. : 30 800 € - 3 Pers. : 37 400 €
4 Pers. : 44 000 € - 5 Pers. et + : 50 600 €
Zone C (reste des Hautes-Alpes) - Les montants sont augmentés :
1 Pers. : 20 000 € - 2 Pers. : 28 000 € - 3 Pers. : 34 000 €
4 Pers. : 40 000 € - 5 Pers. et + : 46 000 €
Ex.1 : Un ménage de 4 personnes souhaitant faire l’acquisition d’un bien neuf RT 2012 à Gap ou Briançon de 250.000 € en zone B2 pourra bénéficier d’un PTZ+ de 44 000 €.
Ex. 2 : Un ménage de 2 personnes souhaitant faire l’acquisition d’un bien neuf BBC à Embrun, Vallouise ou Guillestre de 200.000 € en zone C pourra bénéficier d’un PTZ+ de 30 800 €.
Source : Fédération des Promoteurs Immobiliers
Pinel Mechanism 2018
Will Benefit from reduction in taxes " Pinel" :
The properties bought as brand news or that will be finished between January 1st and December 31th 2017;
The owner/lessor commits to rent the apartment for at least nine years
The apartment shall be leased empty to be used as the tenant's main residence.
The rental cannot be borne by household members , ascendants, or descendants of the taxpayer.
The rental shall respect the rent ceiling, and the earning ceiling determined by decree.
Rent ceiling per month, per square metre, with no charges included, were set to €8.59 for the leases signed in 2017, in the zone B2 ( in GAP only).
This ceiling may vary depending on the surface of the apartment.
This is calculated by applying a multiplier coefficient using the following formula, S being the surface of the apartment : 0.7+19/S.
The result so obtained is rounded up to the nearest second decimal and cannot exceed 1.2.
This coefficient allows to take into account the reality of the rental market, because the rent can decrease depending on the surface of the apartment.
For example : To buy a new apartment of 100m2 located in the zone B1, the ceiling established for a single square metre will be of €8.79 (the detailed calculation: 9.88*(0.7+
To buy a new apartment of 30 m² located in the zone B1, the ceiling will be of 11.85. The multiplier coefficient take into account to do the calculation this time will be 1.33( 0.7+19/30), we take into account the coefficient 1.2( meaning 9.88*1.2=11.85).
For the leases signed in 2017 located in the zone B2, the earnings of the tenants shall not exceed :
-One person: €26,776
-A couple: €35,757
-One person or a couple with one dependent : €43,0002
-One person or a couple with 2 dependents: €51,913
-One person or a couple with 3 dependents: €61,069
-One person or a couple with 4 dependents: €68,824
Respect of a minimun level of energy performance
The reduction in taxes applies to the apartments in which the taxpayer proves to respect an overall level of energy performance established by the decree of December 29th 2012 that varies depending on the type of apartment.
The apartments bought as brand news must respect the new 2012 thermal Standards from January, 1st 2013 (and shall get the "BBC 2005 label" if the building permit has been submitted before January, 1st 2013).
The reduction in taxes can be applied exclusively to the apartments located in the city of GAP at the Hautes-Alpes department.
Ceiling for tax reduction
It is possible to benefit from the new reduction in taxes, within the same taxation year when purchasing (against only one year with the Scellier mechanism), within the limits of a ceiling of €5,500 per square metre of surface area that cannot exceed €300,000.
The cost price of an apartment bought completely new or before completion includes the purchase price plus associated costs: notary fees, commissions paid to the intermediary, value added tax, registration fees where required taxes payable on transfers of immovable property.
Please mind: all the tax benefits (housing investment mechanisms, tax credits, except for the "Malraux" reduction in taxes and the tax benefits related to overseas investment) is fixed to €10,0000 per year.
This new ceiling will apply from the 2013 income taxation.
Rate of tax reduction
The rate of the tax reduction is fixed to 18 %. It is spread over a nine years period.
It is awarded during the year of completion of the apartment (or during construction work) or during its purchase if it has credited to income tax within the current taxation year and in each year of the following eight years.
If the amount of the tax reduction exceeds the amount of the tax owed in a taxation year, the balance won't credit to income tax on the earnings of the following years.
You cannot extend the initial rental of nine years to benefit from an additional annual reduction in taxes.
Finally, the lessor cannot benefit from a special reduction on his/her gross incomes during the period of the rental.
(1) The surface that will be taken into account for the valuation of the ceiling of the rent includes the surface area (loi Carrez/CCH:111-2): it is composed by a constructed floor surface, without taking into account the surfaces occupied by the walls, partition walls, stairs and staircases, protection, doorways and windows recesses. The surface of empty storage rooms, cellars, sheds, garages, terraces, loggias, balconies, dryers external to the apartment, verandas, common premises, or the parts of the rooms which height is inferior to 1.80m, do not make part of the whole measure of the surface area.
This surface area is extended by a half ,within the limit of 8 m² for each apartment, thanks to the surface of the annex (cellars, sheds, storage rooms, and attics which could be developed, balconies, verandas,...). We only take into account the surfaces reserved to the exclusive use of the apartment's resident and whose height beneath the ceiling is not at least equal to 1.80 metres( CCH: R.353-12 and R.331-10).
FINANCIAL PLAN IN NEW BUILDING CONSTRUCTION
Selling in Future State of Completion or selling on plan in 2018
Regulated by the law of January, 1st 1967, selling on plan or selling in future state of completion (VEFA) today represents the most common legal framework to sell a new apartment.
Thus, the VEFA (selling on plan) can be defined as:
The agreement signed between the promoter-developer, seller and purchaser by which the latter becomes owner of a real estate property as the work progresses. he/she will take delivery of it when it will be finished.
The advantages of the VEFA
In addition to the advantages related to the purchase of a new apartment (State assistance under condition, lowered notary fees,...) the purchase under the VEFA allows the buyer to choose his/her new apartment very early and to make changes on it in order to adapt it to their needs, provided that these changes are allowed by the current regulations.
The stages of the VEFA
1st Stage: Signature of a reservation or preliminary agreement
By this agreement, and subject to the suspensive conditions set out therein, the promoter commits to reserve for the buyer the property appearing in the agreement (surface, location, price, technical description...)
In exchange the buyer commits to put a guarantee deposit on an specific bank account or to give it to a notary.
2nd Stage: Signature of the deed of sale
After obtaining a real estate loan and within the intended deadlines laid down in the preliminary agreement , the buyer signs the deed of sale in the presence of the notary. One month before this date, he/she must receive the final deed of sale along with the co-ownership regulations and the division description. This one-month deadline can be shortened depending solely on the will of the buyer. The deed of sale includes all the information related to the apartment, the pricing and payment terms along with annexed documents.
3rd Stage : the delivery of the apartment
This is the last stage, in which the buyer takes delivery of the apartment that he/she bought. It comes along with a last payment of (5%), which is generally done by bank cheque. During the delivery, the buyer establishes a reserve list that has to be lifted by the promoter who will notify it to the companies that worked on the site. The month following the delivery, the buyer may add more reserves to an additional list addressed to the promoter by registered letter with an acknowledgement of receipt in the framework of the guarantee against latent defects granted by the promoter.
Guarantees related to the VEFA
VEFA gives the advantage of providing substantial guaranties to the buyer, financial and technical guarantees.
The Financial Guarantee
At risk of failing to sign the sell agreement the promoter is committed to provide, a completion guarantee, aimed to assure the buyer of the building completion, if the promoter fails to do it so, the necessary amounts shall be paid in order to achieve the completion. It can be provided by a banking institution (extrinsic guarantee) or it will be up to the promoter's financial health the progress of the work and the commercial success of the operation(intrinsic guarantee).
The promoter shall deliver a property that respects the regulatory requirements with regard to sound insulation. The promoter is bound by this obligation for a year from the first time the first buyer enters to the site. When they're meant to damage the habitability of the property, the insulation problems may be taken into account by the 10-year promoter's guarantee (cf.infra).
The guarantee against latent defaults
The promoter must also provide the guarantee of latent construction defects like every other seller. However, with VEFA , as the buyer cannot see the property during the sell, this guarantee is valid from the year the buyer has received the apartment or when he/she enters into its facilities. The latent defaults mustn't be confused with non-conformity defects. The latest are measured depending on the promoter's contractual obligations.
For example: The abnormal size of the windows represents a latent construction defect.
Installing PVC windows rather than aluminium windows results from a latent non-conformity defect.
The guarantee of a perfect completion
Legally, the guarantee of a perfect completion has to be provided by the company that carried out work for the promoter, during the deadline of a year following the delivery of the building. However, in order to easily fix the problems that can occur during this period, the promoter is the privileged interlocutor of the buyer. Therefore is generally assumed that this problems have to be notified to the promoter so he'll contact the company concerned in order to fix the problems as soon as possible.
The two-year guarantee
The promoter is bound to assure the well functioning of the equipments belonging to the property sold out. This guarantee is valid during a two-year period starting from the delivery of the property.
The 10-year guarantee
The promoter is responsible for the hidden defects that damage the solidity or the building location, that may occur in a period of 10 years following the delivery of the building. The contractors insurance (DO), to which the promoter is bound to subscribe and from which he/she transfers the benefits to the buyer, pre-finances the repair works caused by this problems.
The problems that do not meet these criteria engage the contractual liability of the promoter. They also must be reported in a minimum period of 10 years following the reception of the building.
The appearing of ugly cracks that doesn't affect the solidity of the building.
Do not confuse reception with delivery
The reception is the act whereby the promoter, prime contractor, affirms to accept the work, with or without reserves. the reception is done between the company that undertook the works and the promoter. It marks the end of the execution of a works contract.
The delivery is the act whereby the buyer of a property takes possession of it. Most commonly spoken, it is the takeover of the property, the moment where the buyer enters to the site or when the keys are given to the owner. It constitutes the end of a sell contract. It is done between the promoter and the buyer.
Source : Real Estate Federation