Official housing in National Education

National education function housing. Civil servants dedicated to public service, particularly within National Education, benefit from opportunities such as the allocation of official accommodation. This offer aims to improve the working conditions of state employees. It requires the satisfaction of specific criteria linked to professional status and responsibilities held.

Staff housing in national education

A key benefit for employees

In certain professions, the continuous presence or immediate proximity of the employee at their workplace is essential. In these situations, the State recognizes the importance of this requirement and offers support in the form of official accommodation.

This system aims to facilitate optimal working conditions and guarantee efficient mobility for the employee.

Consequences of job loss

Note that the staff housing is closely linked to the individual’s employment. In the event of loss of employment, the employee must return the company accommodation.

This rule underlines the functional and conditional nature of the allocated accommodation, linking it directly to the professional situation of the occupant.

Who benefits from company accommodation?

A clear and defined process is in place to ensure fairness and transparency in the allocation of these accommodations. There are mainly two mechanisms for obtaining a staff housing :

NAS (absolute necessity of service)

This method is used when accommodation is essential to enable staff to perform their duties effectively.

Reasons may include safety, security, or special responsibilities that require close proximity or quick access to the workplace.

COP (precarious occupation agreement with penalty):

This option is considered for employees who must provide on-call services. Although this agreement offers a housing solution, it differs from the NAS. Indeed, it does not guarantee a permanent right to housing in the workplace.

It is important to note that the accommodation allocated under NAS is not systematically located on the work site or in the immediate vicinity.

Each situation is evaluated individually to determine the most appropriate solution. This takes into account the specific needs of each employee and the requirements of the department.

The procedure to follow

Obtaining a staff housingwhether it is managed by NAS or COP with penalty, raises several important questions. Firstly, these accommodations are generally allocated free of charge. However, in the case of a COP with penalty, a monthly fee is required from the occupant.

Consider the additional financial responsibilities of occupying these homes. Although accommodation is provided, the furnishing and various necessary arrangements remain the responsibility of the occupant.

In addition, repairs that may be necessary during your stay, as well as rental charges common ones such as:

• the water,
• the gas
• and electricity, are also your responsibility.

Free allocation, but under conditions

Firstly, it is essential to emphasize that these accommodations are allocated free of charge, which represents a significant advantage.

However, in certain specific cases, such as when housing is linked to a Permanent Operational Constraint (COP) with penalty, a monthly fee may be required.

Good to know : this specificity must be taken into account by the beneficiaries to assess the real advantage of the offer.

Responsibilities of occupants

In addition, it should be noted that the furnishing of the accommodation remains the responsibility of the occupant. This responsibility includes not only the acquisition of furniture, but also its maintenance.

In addition, necessary repairs following damage occurring during occupation are also the responsibility of the occupant.

Staff accommodation for management staff

Depending on the status of management personnel, a housing obligation is clearly established. This is mentioned in thearticle 34 of decree number 2001-1174, which defines the special status of the body of management personnel. This legal provision underlines the importance given to the well-being and safety of managers in their work environment.

“Unless authorized by the rector, management personnel are required to reside at their place of assignment when it is an educational or training establishment.”

Is obtaining accommodation guaranteed?

Understand that housing availability is not a guarantee. Indeed, two main situations can limit access to housing:

1. Some establishments, particularly those which are historic or located in school estates, may suffer from a shortage of accommodation. This is because of their structure or their location.
2. In the case of small establishments, or following modifications made by the board of directors, the list of attributable accommodations may be restricted.

Who are all the people who can benefit from it?

Staff members, such as:

• the directors,
• managers,
• educators
• and health professionals, benefit from accommodation provided by the establishment for reasons of absolute necessity of service (NAS).

This practice also extends to employees of local authorities, although the housing allocation process is different.

In the event that accommodation remains vacant, other members of staff may reside there temporarily, under a precarious occupation status.

✅ Example : Sophia is a salesperson. She has to make numerous trips to Lyon. She wants to know if she can benefit from company accommodation for her travels.
Let us remember that the company housing are generally assigned to employees whose presence is essential in a specific workplace, such as facility managers or public service employees. For a field salesperson, whose activity involves numerous trips rather than a fixed presence on a specific site, it would be unusual to benefit from this.
However, some companies may offer hosting solutions or travel allowances to facilitate these frequent trips

Can we request an exemption?

In certain specific cases, the academic authority, such as the rectorate or the Academic Inspectorate, is authorized to grant exceptional exemptions from the accommodation obligation.

This approach, however, requires a rigorous procedure. It involves prior and detailed communication with the local authority concerned.

Each exemption request is evaluated on a case-by-case basis. It takes into account the specific circumstances of the request and aligns with current regulations.

Renovation of company accommodation

The regulations do not explicitly specify this situation, but it is reasonable to expect that a home will be in a decent condition upon move-in.

Many local authorities, as owners, now establish a mandatory inventory of fixtures upon entry and exit.

However, the accommodation may require significant renovations before welcoming a new tenant.

Insurance for company accommodation

As with any type of residence, company accommodation, even located within an educational establishment, must be covered by general property insurance. Which includes civil liability.

The individual responsibility of the occupant cannot be assumed by a insurance contract subscribed by the establishment or local authority.

What future developments in the regulation of company housing?

No developments in sight

As part of the management of company housing for the staff of theNational Education in the local public educational establishments (EPLE), it is confirmed that no regulatory changes are planned.

This clarification comes in response to three questions asked by Laure Darcos, senator from Essonne, and published in the Official Journal of July 13, 2023. The Ministry of National Education underlines the current balance of the system of housing concessions granted to state personnel working in EPLEs.

Adopt personalized support

The issue of staff housing is of growing importance, as evidenced by the varied feedback from our colleagues from the different academies. In this context, the SNPDEN-WHAT initiated, during its National Union Council in May 2022, a renewed reflection to strengthen the rights of school leaders.

This approach aims to provide personalized support to each individual, taking into account specific situations which vary considerably from one region to another.

This initiative is a continuation of the position unanimously adopted by the National Union Council in May 2013, which had already included this issue in its discussions.