Decisions of the territorial council of October 24, 2024

In an effort to harmonize and bring together the regulatory framework for all categories of public road transport of people and goods, the Executive Council of October 24, 2024 decides to approve the establishment of a process for regulating the large-scale delivery activity in Saint-Martin by the Collectivité de Saint-Martin, inspired by the former provisions of Articles L. 231-1 to L. 231-4, R. 231-1 to R. 231-6 and R. 231-7 to R. 231-9 of the National Tourism Code.

The new regulations govern the large-scale discount activity called luxury tourism which:

- Transposes and adapts the old operating rules of the large discount falling under the national tourism code;

- Proceeds with the review of the operating conditions of the vehicles of the large discount with regard to local socio-cultural and economic specificities.

The holder must have a certificate of professional capacity for the profession of luxury vehicle entrepreneur (luxury passenger vehicle). The license issued is valid for 5 years. These vehicles with driver can have a maximum of sixteen seats, including the driver. They are identifiable by a registration plate at the front and rear of the vehicle bearing the operating authorization number and the letters GRE. A sticker to be affixed to the front and rear windshields is linked to the payment of the required annual fees, payable by the license holder, as well as all associated costs. Combining the luxury tourism activity with a taxi driving activity is permitted, provided that the holder meets the requirements of the two separate activities.

Saint-Martin has been facing a serious and complex housing crisis for several years, prompting the Collectivité to address this key issue of public action, affecting all Saint-Martinois. The genesis of housing issues in the territory is multifactorial.

The rapid urbanization of the island, on a historical scale, has not made it possible to effectively anticipate the specific issues of a territory in a situation of "double insularity", due to its isolation in the Atlantic Ocean and its institutional attachment to Guadeloupe until 2007.

The Local Housing Programme (PLH) is a tool established by the decentralisation law of 7 January 1983. This study and analysis document on housing issues aims to guide the choices of local authorities in this area. The regulatory provisions relating to the PLH are brought together in the Construction and Housing Code (CCH) in articles L.302-1 to L.302-4 (legislative part) and R.302-1 to R.302-13 (regulatory part).

The Executive Council decides to establish, on January 1, 2025 in Saint-Martin, a local Housing Program, inspired by the provisions of Article L. 302-1 of the Construction and Housing Code in its wording in force since January 1, 2023, adapted to the local situation.

The local housing programme of Saint-Martin defines, for a period of six years, the objectives and principles of a policy aimed at meeting housing and accommodation needs, promoting urban renewal and social diversity and improving the energy performance of housing and the accessibility of the built environment for people with disabilities by ensuring a balanced and diversified distribution of housing supply between the districts of the Territory.

These objectives and principles take into account demographic and economic developments, the assessment of the needs of current and future residents, transport services, public facilities, the need to combat uncontrolled urbanisation, and the management of major natural risks. They are also consistent with the territorial action plan for housing and accommodation for disadvantaged people in Saint-Martin.

In the interests of territorial balance and sustainable development, the PLH recommends concentrating new housing supply near employment, shopping and service areas. This translates in particular into greater development of housing in these sectors.

The priority sectors for the mobilization of vacant stock are:

· Marigot and its surroundings (Saint-James and Concordia)

· Galisbay / Approval

· Grand-Case

The priority sectors for new construction are:

· The Savannah / Gd Case

· Orleans / Belle Plaine district

The National Housing Agency (Anah) is a public administrative institution, created in 1971. Its missions are defined in Articles L. 321-1 et seq. of the Construction and Housing Code (CCH). The limits of its areas of intervention overseas are specified in Article R. 321-22 of the same code. The supervision of Anah is jointly ensured by the Ministry of Ecological Transition and Territorial Cohesion, and the Ministry of the Economy, Finance and Industrial and Digital Sovereignty.

In overseas communities, in partnership with the delegated ministry responsible for housing, the National Housing Agency and the ministry responsible for Overseas Territories work jointly to implement public policies to improve private housing.

This particular context implies a specific position of Saint-Martin, with regard to the other Overseas Collectivities, with regard to the intervention of State agencies on the territory. Indeed, given its own skills, mentioned in article L. O 6314-3 of the General Code of Territorial Collectivities (CGCT), Saint-Martin is not an integral part, at this stage, of the Common Law systems supported by the National Housing Agency. This state of affairs implies that a certain number of subsidies are, for the time being, not mobilizable on the territory. Saint-Martin has not benefited since 2012 from compensation under the "Single Budget Line" which groups together all State housing assistance, culminating at 1.72 million current euros per year within the General Compensation Grant (4.4 M. € /year): the Collectivité must therefore finance the construction and rehabilitation of social housing, urban development, improvement of owner-occupier housing, and social access to property.

The territorial council of October 24 decides to approve the Convention between the State, the National Housing Agency (ANAH) and the Collectivité of Saint-Martin, covering the period 2025-2027. This convention supports the Collectivité in the definition and deployment of its public policy in terms of intervention on private housing, and aims to define the support methods of the National Housing Agency in terms of engineering as enacted within the framework of the Interministerial Committee of Overseas Territories of July 2023.