Commercial Maintenance Obligations (Art. 606 & Pinel) in France
Discover the end of 'triple net' clauses in France: major works (roof, walls according to Article 606), property tax, and compliance upgrades since the Pinel Law.
Legal Disclaimer
This content is for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Laws change frequently — always verify current regulations and consult a licensed attorney in your jurisdiction for advice specific to your situation. Landager is a property management platform, not a law firm.Information last verified: May 2026.
Before 2014, commercial lease law in France allowed extensive transfer of costs to tenants. With the Pinel Law (effective since 5 November 2014 under Decree 2014-1317), the legislation restricted "Triple Net" clauses by prohibiting the transfer of major structural repairs (defined in Article 606 of the Civil Code) onto the tenant.
- The Formal Ban on Recharging "Article 606 Major Repairs" The core of this legislative upheaval dictates the prohibition of making the tenant (the merchant) bear any repair of a structural or major nature (of the real estate "in substance"). From now on, any contract line imputing this charge is deemed unwritten (réputée non écrite). These major entities which must be invoiced exclusively to the financial owner of the building, listed in Article 606 of the Civil Code, include:
- Major walls and vaults.
- The restoration of beams and entire roofs.
- Dikes, retaining walls, and enclosure walls (murs de clôture). Note: A simple cleaning of tiles and gutters or interior varnishing is not Article 606; this represents minor maintenance which is a tenant charge.
- Restrictions on Certain Charges Under Article R145-35 of the Commercial Code, certain charges cannot be passed to the tenant:
- Management Fees: Under Article R145-35 4°, fees relating specifically to the management of rents (honoraires de gestion des loyers) cannot be charged to the tenant. However, technical management fees (syndic) and other administrative charges for utilitarian services can be contractually transferred to the tenant if explicitly provided for.
- Obsolescence (Vétusté): Under Article R145-35 2°, the imputation of expenses related to obsolescence or regulatory compliance regarding major repairs (Art. 606) to the tenant is strictly prohibited. The landlord remains responsible for replacing major structural equipment when necessitated by age or regulatory standards.
- What the Tenant Will Still Pay in Full
The panel of authorized invoicing to tenants almost encompasses: "all utilitarian internal maintenance exclusive to their functioning business or its routine external maintenance in common areas proportionally useful."
- Preventive maintenance (broken private interior windows, terminal fluid systems, plumbing to renew, radiators, industrial roller gates).
- Compliance Upgrades required by their own (and exclusive) activity: If a caterer installs or renovates a chimney with filter extractors to hygienic standards in an old boutique lacking restaurant fire standards, and their activity imposes a new fire standard, the costs will be entirely allocated to them as charges. (If the standard upgrade is linked to the global building structure, the landlord bears it under Art. R145-35 2°).
- Property Taxes (Taxe Foncière) Property taxes (taxe foncière) and the garbage collection tax (TEOM) can be contractually transferred to the tenant under French commercial lease law (Art. L145-40-2). For this transfer to be legally enforceable, there must be a precise and exhaustive inventory of charges in the lease agreement explicitly authorizing the reallocation of these taxes to the tenant. Without a specific provision in the lease's inventory of charges, the landlord cannot legally transfer these taxes.
The Landager platform assists in performing a pre-charge by thousandths upon presentation of attestations based on the weighted net usable surface of a structure against general invoices, properly deducting non-rechargeable works (like those under Art 606) to extract them from the annual commercial charges notice. Back to the Commercial Overview: France.
How Landager Helps
Landager automates your Loi Pinel compliance by tracking major repairs under Article 606, managing property tax reallocations, and ensuring your commercial property charges inventory meets all Commercial Code requirements.
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Frequently Asked Questions
▶What are the key landlord-tenant laws in France?
Rental law in France is primarily governed by the Law of July 6, 1989, which was profoundly modified by the Loi ALUR (2014) and the Loi ELAN (2018). The French legal framework is renowned for offering particularly strong protection to tenants while strictly regulating the obligations of property owners (landlords). This guide covers the essential compliance requirements for property owners and landlords.
Read the complete guide▶What is the legal eviction process for landlords in France?
The eviction process in France requires landlords to follow formal legal procedures. Valid grounds typically include non-payment of rent, lease violations, or the landlord's personal use of the property. Landlords must provide proper written notice, allow any required cure periods, and may need to obtain a court or tribunal order. Self-help evictions are generally prohibited.
Read the complete guide▶What are the rent increase limits and caps in France?
France has specific rules governing when and how landlords can increase rent. These rules may include caps on the percentage of increase, minimum notice periods, and restrictions on frequency. Landlords must comply with all applicable regulations when raising rent on existing tenancies.
Read the complete guide▶What are the security deposit rules and return deadlines in France?
France has rules governing how much landlords can charge as a security deposit, how deposits must be held or protected, and the timeline for returning deposits after a tenancy ends. Landlords must provide itemized statements of any deductions and comply with all statutory deadlines to avoid penalties.
Read the complete guide▶What are the mandatory lease requirements in France?
Lease agreements in France must comply with applicable national and local laws. Required elements typically include the names of both parties, property description, rent amount and payment terms, deposit details, lease duration, and maintenance responsibility allocation. Written leases may be required for certain tenancy types or durations.
Read the complete guide▶What are the landlord maintenance and repair obligations in France?
Landlords in France are generally required to maintain rental properties in a habitable condition, keeping the structure, plumbing, electrical systems, and essential services in proper working order. The specific allocation of maintenance responsibilities between landlord and tenant should be clearly documented in the lease agreement.
Read the complete guide▶What are the late fee and penalty rules for rental properties in France?
France has specific rules regarding late fees and penalties for overdue rent. These may include mandatory grace periods, caps on late fee amounts, and restrictions on interest charges. Late fee provisions should be clearly stated in the lease agreement and must comply with local regulations to be enforceable.
Read the complete guide▶What property disclosures are landlords required to make in France?
Landlords in France must disclose relevant information about the property to prospective tenants before the lease is signed. Required disclosures typically include known material defects, environmental hazards, previous damage history, and any conditions that could affect the tenant's use and enjoyment of the property.
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