Senior services residences law in France

A form of housing regulated by law

The senior services residence (in French, Residence Services Seniors or RSS) is a regulated form of housing, defined by the French Code de la construction et de l'habitation (the French construction and housing code). It combines private apartments, intended for independent older people, with a set of shared collective services used by all residents.

This status guarantees residents a secure setting while fully preserving their independence: each person lives at home, in their own apartment, and chooses the services they wish to use.

Mandatory shared services

Certain services, known as non-individualisable, are mandatory and shared by all residents. Their content is set out by French decree no.2016-1737 of 14 December 2016, adopted under the ASV law (loi relative a l'adaptation de la societe au vieillissement), law no.2015-1776 of 28 December 2015 on adapting society to ageing.

These mandatory shared services include, in particular:

• A permanent, personalised welcome for residents and their visitors.
• Dedicated staff on site, supported by suitable safety arrangements.
• Free access to the residence's communal spaces.

The Residents' Council

To involve residents in the life of their residence, a Residents' Council (in French, Conseil de residents) meets regularly, in accordance with article L.631-14 of the Code de la construction et de l'habitation. It provides a forum for dialogue between residents and management.

A la carte individualisable services

On top of shared services, every resident may subscribe to individualisable services, freely chosen according to their needs and wishes. These include:

• Catering, offered 365 days a year.
• Laundry and linen care.
• Personal services such as home help and housekeeping.

The status of OBEO residences

OBEO residences fall under paragraph 6 of section I of article L312-1 of the Code de l'action sociale et des familles (the French social action and families code). Residency is formalised through an open-ended residency contract (in French, contrat de sejour a duree indeterminee), which secures the resident's stay over the long term.

In addition, our personal services activity is declared and authorised by the Conseil Departemental (the French departmental council), in accordance with French decree no.2016-502 of 22 April 2016. This authorisation guarantees the quality and compliance of the services offered to our residents.

Setting and annual review of prices

The price of the socle de prestations (the core package of services) and the prices of the other accommodation services are freely set when the contract is signed.

They are then reviewed after one year of residence, under conditions set by decree, within the limit of a percentage set on 1 January each year by order (arrete) of the French ministers responsible for older people and for the economy, taking into account changes in construction and rental costs, in food products and services, and the rate of increase of basic pensions provided for in article L. 161-23-1 of the Code de la securite sociale (the French social security code).

The contrat de sejour (residency contract)

Residents sign a contrat de sejour, which governs the contractual relationship with OBEO Residences. In accordance with article L. 342-1 of the Code de l'action sociale et des familles, the subscriber or their legal representative may be assisted by a person of their choice when signing.

This contract is signed for an open-ended term. It sets out the conditions and procedures for its termination.

It includes, as an appendix, a contractual document describing all the services offered by the establishment and stating the price of each one, set in application of the first two paragraphs of article L. 342-3. The document is supplemented whenever a new service is created. It also determines the billing conditions for each service in the event of the subscriber's absence or hospitalisation.

Pricing of personal services

In accordance with article L. 347-1 of the Code de l'action sociale et des familles, the prices of home help and home support services delivered within OBEO Residences are freely set when the contract with the beneficiary is signed.

The price of the contractual services then varies within the limit of a percentage set by order (arrete) of the French ministers responsible for the economy and finance, for older people and for autonomy, taking into account changes in wages and in the cost of services.

This contract, signed for an open-ended term, sets out the conditions and procedures for its termination.