Real estate: what other ways to invest in new property after the Pinel Law?


If many co-owners have invested in the Pinel law, the end of this system, scheduled for December 31, 2022, is not inevitable. Thus, as specified by the Anil (National Agency for Information on Housing) in the 2021 finance law, it is renewed for the years 2023 and 2024 with decreasing tax reduction rates. However, it is possible to maintain the current rates in certain neighborhoods and on energy quality criteria set by decree. Let’s see in detail the advantages of the Pinel device.

The purpose of the Pinel law is to make housing less emitting greenhouse gases and therefore to drastically reduce their energy consumption. To do this, we move from the RT2012 environmental standard to the RE2020. Only housing built with the latter device will be eligible. A summer comfort criterion has also been introduced, in order to make the properties more pleasant to live in during hot weather.

Builders are also encouraged to use biosourced materials such as wood, hemp or cellulose wadding. For example, while the RT2012 standard accepted an annual consumption of 50kWhEP/m²/year, the RE2020 standard lowers it to 12kWhEP/m²/year. This necessarily affects the cost of building new housing, with builders being encouraged to reduce their greenhouse gas emissions by 30%.

Another novelty of the Pinel law is to introduce a level of quality of housing, in order to improve the comfort of residents. The minimum surfaces are defined for a dwelling: a studio must be at least 28 m², a T2 at least 45 m², a T3 at least 62 m², etc. Minimum private areas have also been defined: 3 m² for a studio and T2, 5 m² for a T3, etc. However, an investor can also choose the status of non-professional furnished lessor.

The non-professional furnished rental has many tax advantages. The device is not subject to the ceilings of the tax loopholes. The lessor can subscribe either to the real plan or in micro-bic. By opting for the micro-BIC regime, an owner can benefit from a tax reduction of 50% on his rental income. This is the tax regime most used by investors in LMNP across France.

You should know that opting for the real plan is more complex, even if it is more advantageous. We can thus deduct its actual charges (electricity, water, telephone and internet, property tax, housing tax, insurance of property of non-occupant owner, insurance for unpaid rents, etc.) and amortize the value of its property over time. A depreciation charge is thus calculated according to specific criteria.

To rent in LMNP, you must declare your activity to the commercial court maximum 15 days after it has started. You will thus obtain a Siret number which will appear on each of the tax returns. In addition, the accommodation must meet several criteria:

For the post-Pinel period, it is also possible to invest in serviced residences.

The Censi-Bouvard system, which can be combined with the LMNP, is interesting for anyone wishing to invest in a service residence after the Pinel law. This concerns both a residence for seniors, a student residence or an EHPAD. You must buy a property in one of these residences and rent it for a minimum period of 9 years. In return, the investor will be able to benefit from an income tax reduction equivalent to 11% of the amount excluding tax of the value of the accommodation, up to a limit of 300,000 euros. Its payment is spread over the 9-year term of the lease. An operator can manage the property and you can recover the VAT of his property, under conditions. However, we must act quickly, because the Censi-Bouvard system has been extended until December 31, 2022. But there is also the possibility of investing in new things in the classic way.

It remains entirely possible to invest in new real estate without benefiting from the Pinel law. You will thus be guaranteed to have a home benefiting from the latest environmental standards of insulation, and a property that will require little work, unlike the old one. You also benefit from various manufacturer warranties that run for up to 10 years after the end of construction. In addition, you can manage the property as you wish: either rent it (always respecting the conditions established by the rental lease), or use it as a second home to accommodate a member of your family, etc.