Gendarmerie barracks with a rental framework standardized by decree

The Ministry of the Interior now regulates the leases through which the State rents national gendarmerie barracks. Decree No. 2026-1013 of October 28, 2026 (NOR INTJ2624402D), supplemented by the Order of October 28, 2026 (NOR INTJ2624418A), was published in JORF No. 0255 of October 31, 2026. The two texts establish the documents to be produced, the method for calculating rent, and the conditions for terminating the lease.

The decree applies to contracts through which the State rents buildings intended, in whole or in part, for use as barracks, from three categories of owners:

• local authorities and their groupings;
• low-income housing organizations;
• semi-public companies (sociétés d’économie mixte) authorized to develop, acquire, finance, manage, or lease these properties.

The economic parameters are identical for all these owners. The buildings may also house other State services, which may substitute for the gendarmerie without changing the lease regime or its financial conditions. The text replaces the Decree of January 28, 1993 for new operations and excludes barracks from the scope of the Decree of December 26, 2016, which remains applicable to operations of the national police, departmental fire and rescue services, and prison services.

An economic and financial file in ten parts

The operation remains designed, managed, financed, and carried out by the owner: the State expresses a general real estate need but chooses neither the project manager, nor the companies, nor the processes.

Prior to the lease, the future owner submits an economic and financial file which includes, in particular:

• their identification, status, and the documents establishing their authorization;
• the presentation of the operation, its capacity, and the distribution between service premises, housing, technical premises, parking, roads, and networks;
• the estimated cost breakdown and elements relating to the land plot and its land tenure;
• the provisional financing plan (loans, equity, grants, contributions, insurance indemnities) and the corresponding offers or simulations;
• estimates of non-recoverable taxes, duties, and insurance, the calculation of overhead costs and the PCRC (replacement cost of the building), the rent calculation table, and the normative schedule.

The validation of this file does not constitute a work order, a promise of a lease, nor a commitment to enter into a lease. When the operation is guaranteed by a local authority under Article L. 312-3-1 of the Construction and Housing Code, an agreement conforming to the model in Annex 3 of the Order must be established.

Rent based on normative parameters

The initial annual rent comprises five components: amortization of normative financing and financial charges, remuneration and reconstitution of equity, flat-rate overheads, non-recoverable taxes and insurance, and a contribution for the replacement of components, known as “PCRC”.

• The normative rate is equal to the prospective rate of the livret A plus 0.5 percentage points; it is fixed for the entire duration of the schedule, regardless of the loans actually contracted.
• Overheads are calculated by applying a single flat rate of 0.5% to the admissible cost price, revised every three years according to the rent index for tertiary activities.
• The PCRC follows a triennial scale: 0.4% from the 1st to the 3rd year, 0.7% from the 4th to the 6th, 0.9% from the 7th to the 9th, and 1% from the 10th to the 12th, followed by revaluation according to the construction cost index.
• The lease is concluded for nine years and is renewable in nine-year periods, without a new determination of the initial rent.

The owner may opt for a purchase option for the benefit of the State, with its express agreement; it may be exercised after a period of ten years from the effective date of the first contract.

Financial transparency, early exit, and transition of operations

The owner maintains individualized financial tracking and submits every three years a report known as an “open book,” presenting each of the three covered years separately as well as a consolidated position. An off-balance sheet statement of the PCRC, updated at least once a year, is attached as a summary.

In the event of termination or non-renewal at the State’s initiative before the end of the schedule, an indemnity compensates for the remaining normative capital to be amortized, the equity to be reconstituted, and direct costs, less avoided expenses and the positive PCRC variance. The owner submits their calculation within thirty days; the State has sixty days to respond.

The transitional regime is graduated:

• leases signed before the entry into force remain governed by the texts applicable at the time of their signature, including in the event of an amendment or renewal;
• operations not yet leased whose availability is planned before January 1, 2028, retain their initial framework;
• those made available as of this date fall under the new decree;
• an operation delivered by December 31, 2027, at the latest, may voluntarily transition, by decision of the Minister of the Interior, following an impact study and the agreement of the owner, guarantors, and financiers.

The decree is countersigned by the Minister of the Interior, the Minister for Regional Planning and Decentralization, the Minister for Action and Public Accounts, and the Minister for the City and Housing. For local authorities and developers, the effect is immediate: rent is no longer negotiated based on actual financing conditions but on an enforceable formula, and the structure must be documented from the economic file stage, prior to any commitment of works.