Adoption on 15 April of the bill aimed at simplifying business life (France)
Law aimed at simplifying business life (« SVE Law ») and commercial leases
The SVE Law was enacted on 26 May 2026 (Legifrance link).
Summary table of amendments and effective dates
| Measure | Reference | Practical scope | Effective date |
|---|---|---|---|
| Redefinition of the scope of the tenant’s right of first refusal and exclusions | French Commercial Code, Art. L. 145-46-1, as amended | Definition of « commercial premises » and « artisanal premises »; explicit exclusion of premises used exclusively as offices and of warehouses from the right of first refusal. | For transfers occurring after enactment of the SVE Law. |
| Right to monthly rent payment at the tenant’s request (mandatory provision) | French Commercial Code, Art. L. 145-32-1 (new) | A tenant carrying on a retail or wholesale trading activity, or a commercial or artisanal services activity, may impose monthly payment by a simple request; effective from the following due date. Joint Committee (CMP) version: subject to the condition that there are no undisputed arrears prior to the request. | Applicable to leases in progress as at the date of enactment, and a fortiori to leases entered into/renewed after enactment (effective from the due date following the request). |
| Validation of « tunnel » indexation clauses (symmetrical floor/ceiling) | French Commercial Code, Art. L. 145-38-1 (new) | Legal certainty for clauses capping, both upwards and downwards, ILC/ILAT variation, subject to symmetry of the bounds; applicable to both indexation and three-yearly rent reviews. | From the entry into force of the SVE Law, for subsequent leases and reviews. → existing stipulations will need to be reviewed for compliance. |
| Regulation of rental guarantees/security deposits | French Commercial Code, Art. L. 145-40, as amended | Cap of 3 months’ rent on sums paid by way of security deposit (+ likely 3 months for other guarantees granted — « the same applies to the value of assets, securities, undertakings and guarantees of any kind requested to ensure proper performance of the lease agreement »). Automatic subrogation of the purchaser in the event of transfer of the property. Maximum period for return of the deposit (3 months) from handover of the keys. Lapse of existing security interests in the event of transfer, requiring new guarantees to be put in place with the new purchaser. | Cap on guarantees: leases entered into/renewed after enactment. Transfer/lapse: transfers occurring 3 months after enactment. 3-month return period: for key handovers occurring 3 months after enactment. → in anticipation of renewals, identify leases involving security deposits and other guarantees exceeding 3 months. |
| Granting of grace periods and suspension of forfeiture clauses aligned with residential leases (conditional) | French Commercial Code, Art. L. 145-41, as amended (and related coordination provisions) | The court may only suspend the forfeiture clause/grant grace periods if the tenant has resumed current payments and is able to clear the debt before the first hearing. | For applications filed from the entry into force of the SVE Law. |
