Les organismes de foncier solidaire et le bail réel solidaire (2025)

The guide “Les organismes de foncier solidaire et le bail réel solidaire (2025)” is published by the French Ministry of Territorial Cohesion and Relations with Local Authorities. It presents a national overview of solidarity land organisations (OFS) and the solid‑real lease (BRS), drawing on legislative texts from 2014 onward and recent updates up to 2024. Although the authors are not named, the document reflects the Ministry’s policy perspective and includes statistical data on OFS approvals and BRS housing stock.

The BRS and OFS model stems from the 3DS law and the 2014 law on access to housing, reinforced by subsequent statutes such as ELAN (2018), the 2022‑217 law, and the 2024‑322 law. These laws define OFS as non‑profit or limited‑profit entities authorised by regional prefects to own land and keep housing affordable. BRS contracts last from 18 to 99 years, with tenants paying a ground‑rent to the OFS while owning the building. Recent amendments broaden OFS activity to include professional premises and grant them a role in the SRU housing quota and Duflot tax reduction calculations.

• By 31 December 2024, 188 OFS authorisations (covering 155 structures) were issued across mainland France and overseas departments.
• At the end of 2023, the BRS portfolio comprised 2 119 housing units, with more than 20 500 units under development.
• The system aims to maintain long‑term affordability by separating land ownership (OFS) from building ownership (tenants), thereby stabilising price ceilings and eligibility thresholds.

OFS acquire and retain land, leasing it to BRS tenants who acquire real‑estate rights on the building. The lease can be renewed at the same terms, allowing the value of the real rights to be preserved independently of the remaining lease term. This structure creates a “perpetual affordable housing” stock, enables modest households to build equity, and facilitates inter‑generational transfer of ownership while keeping the land permanently under social control.

• The 2022‑217 law confirms BRS as a tool for modest‑income households, extends HLM sales into the BRS regime, and subjects OFS accreditation to the Conseil Régional de l’Habitat et du Logement (CRHH).
• The 2023‑80 ordinance introduces BRS for commercial activity, allowing OFS to lease premises to micro‑enterprises under price caps.
• The 2024‑322 law expands OFS participation in BRS‑activity projects, enabling them to act as operators for both residential and commercial solid‑real leases.

The OFS‑BRS model aligns with European sustainability goals by promoting long‑term housing affordability, reducing speculative land markets, and encouraging efficient land use. By decoupling land value from building value, it mitigates price volatility and supports socially responsible urban development. The data on authorisations and housing stock illustrate a scalable framework that other European regions could adapt to address housing shortages while maintaining environmental and social sustainability.