Characteristics of the areas concerned

Some parking areas must incorporate shading and storm water management features on at least half of their surface.

It's the parking areas outside of more than 500 m² :

• Newly built and open to the public
• On which, on a 15-year period, the the entire floor surface covering is replaced on at least half the area of the park parking facilities
• Associated with buildings or parts of buildings to which applies the obligation to produce renewable energy or to replant the roof :
  
  • Or when heavy renovations on these areas, i.e. when all the ground surface covering is replaced over at least half the surface of the parking lot
  • Either on the occasion of a new public service concession contract, service provision or commercial lease, or its renewal

These obligations apply to parking areas subject to:

• Application Requestscity planning permissions deposited as of 1^er january 2024
• The conclusion or renewal of a public service concession contract, a service provision or a commercial lease for the management of these parks taking place from 1^er january 2024

Calculation of the parking area

The method of calculation differs between the requirement to integrate stormwater management devices and the requirement for shading devices.

Stormwater Management Devices

For the assessment of compliance with the obligation to integrate stormwater management devices, the area of a parking area shall include:

• The parking spaces for vehicles and their trailers, situated outside the public highway, within a perimeter between the entrance or entrances and the exit or exits of the park
• The lanes and traffic routes, toll facilities and zones providing access to these locations within a perimeter between the entrance(s) and exit(s) of the park
• The spaces for the integration of surface coverings, hydraulic fittings or vegetated devices promoting permeability and infiltration or evaporation of stormwater within the park perimeter

The following spaces shall not be taken into account in the calculation of the area:

• Green spaces not linked to the requirement to integrate shading, revegetation and stormwater management devices
• Rest areas
• Storage Zones
• Logistics, handling and unloading areas

Shading devices

For the assessment of compliance with the obligation to incorporate shading devices, the area a parking area included:

• The parking spaces for vehicles and their trailers, situated outside the public highway, within a perimeter between the entrance or entrances and the exit or exits of the park
• The tracks and traffic routes, the adjustments and toll zones providing access to these locations within a perimeter between the entrance(s) and exit(s) of the park

The following spaces should not pitch be taken into account in the calculation of the area:

• Green areas
• Rest areas
• Storage Zones
• Logistics, handling and unloading areas

General framework for exceptions

Obligations to install shading and storm water management devices shall not apply some parking lots. These are:

• Be who do not allow the installation of the devices, due to technical, security, architectural or heritage constraints
• Or where that obligation cannot be met under economically acceptable conditions due to technical constraints
• Or when these devices are incompatible with the nature of the project or the area of establishment and that they undermine the preservation of heritage architectural or landscape

The technical constraints may be related to:

• The nature of the soil, such as its geological composition or inclination
• The technical impossibility of not aggravating a natural, technological or civil security risk as a result of the installation of the mandatory devices
• The use of the parking lot, making it incompatible with the installation of the devices

There are several types of exceptions, some of which may only apply to one of the 2 types of mandatory devices. There are exceptions for:

• Proximity to protected places
• Removal or complete conversion of the parking lot
• Excessive costs
• Costs affecting the economic viability of the owner

Exceptions for shading and stormwater management

Proximity to protected places

Some parking lots are required to incorporate stormwater management features subject to agreement or the authorization of the competent authority (town hall, prefecture) for the performance of the works in question. These are the parks located in :

• To historic landmarks
• In the perimeter of a remarkable heritage site
• In a registered or classified site
• Inside the heart of a national park

This also applies to work on a classified or registered building as historic monuments or on a protected building.

The work must not be undertaken without this agreement.

Removal or complete conversion of the parking lot

Some parking lots that are deleted or transformedfully or partially, shall be exempted from the obligations to install shading and stormwater management devices if their 1^re city planning authorization was issued before 1^er july 2023.

When the parking lot is partially converted, the obligations to install shading and stormwater management devices apply on the part of the parking lot that is not converted.

If no work is undertaken during the period of validity of the city planning authorization (which allows the area to be deleted or transformed), the exception is no longer valid. The owner of the park must then meet the obligations to install the devices within two years from the date on which the exemption no longer benefits him.

Exception only applicable to stormwater management devices

Some parking lots have an exception to the requirement to install stormwater management devices for excessive costs. These are those for which it is demonstrated that the installation of each of these processes and devices is impossible because the total costs excluding taxes of works related to the fulfillment of the obligation :

• Either jeopardize the economic viability of the owner of the parking lot
• Either prove to be excessive, because they are made more expensive by technical constraints

The excessive character of the cost of the work shall be established by a calculation.

Exceptions only applicable to shading devices

Costs affecting the economic viability of the owner

Parking lots shall not be subject to the obligation to install shading devices where installation is impossible because of total costs excluding taxes for jobs generated by these obligations jeopardize the economic viability of the owner from the park.

Excessive costs due to technical constraint or insufficient sunlight (renewable energy generation devices)

Parking lots for which it is demonstrated that the installation of shadows incorporating a renewable energy production process is impossible due to technical constraints or a insufficient sunlight shall not be subject to the obligation to install such shadows. This applies if the technical constraints or theinsufficient sunlight give rise to investment costs which significantly undermine the profitability of that installation.

The profitability of the installation is significantly affected where the discounted cost of energy produced by this installation over a period of 20 years is greater than the value of the purchase price or the reference price used for the calculation of the revenue which may be obtained from the sale of the electricity produced by the installation, multiplied by 1.2.

Estimating the discounted energy costs and discounted revenue must be subject totechnical and economic studies carried out by specialist companies.

Excessive costs related to a technical constraint (vegetated devices)

Parking lots for which it is demonstrated that it is impossible to install vegetated shading devices (e.g. trees with a wide canopy) may qualify for an exception. This applies if the total costs excluding taxes for jobs generated by this obligation excessive due to technical constraints.

The character excessive of the cost of the work shall be established by calculation.

Excessive costs (renewable energy devices)

Parking lots for which it is demonstrated that the installation of shadows incorporating a renewable energy production process is impossible due to excessive total costs shall not be subject to the obligation to settle them.

The excessive cost of the works is established by a calculation.

Justification of the exception (photovoltaic panels)

In the case of a exception request for installation of shadows with photovoltaic panels, the certificate justifying the exception must include a technical-economic study carried out by a company with:

• or a professional qualification or certification in accordance with the requirements of the support device for which the installation is eligible
• A quality sign issued by an organization which has signed the EGR Studies charter with ADEME and corresponds to photovoltaic activity

The certificate of qualification, professional qualification or quality held by the company which has carried out the technical and economic study must be provided as part of an application for a city planning authorization or, in the absence of a city planning authorization, during any inspection.

Stormwater Management Devices

Parking areas subject to the obligation to settle stormwater management must integrate over a total ofat least 50% of their surface of:

• Surface coatings permeable (e.g. porous or draining)
• Hydraulic installations
• Vegetated devices (e.g. lawns, hedges, trees, etc.)

These devices must promote permeability and infiltration or evaporation of stormwater.

Shading devices

Parking areas subject to the requirement to install shading devices must be part of a total number ofat least 50% of their surface of:

• Vegetated devices contributing to the shading of the area (e.g. wide canopy trees)
• Umbria incorporating a process for the production of renewable energy (for example, photovoltaic panels) over their entire surface

Administrative checks and penalties

Of administrative checks may be carried out during the construction or renovation of buildings and up to 6 years after their completion. They may take place between 6 a.m. and 9 p.m. and, outside those hours, when the premises are open to the public.

When a failure to comply is established during a check, relationship is handed over to the competent administrative authority (e.g. prefecture or town hall). A copy of this report shall be given to the owner of the buildings, who may submit his observations to the administrative authority within a period which it shall determine and which shall be at least one month.

Owner can be formal notice regularize his situation within a specified period. If, on expiry of the time-limit, he has not rectified his situation, the competent administrative authority may adopt one or more of the administrative sanctions following:

• Require the person served with formal notice to record in the hands of a public accountant before a date determined by the administrative authority, a sum corresponding to the amount of work or operations to be carried out
• Proceed ex officio, instead of and at the expense of the person served with formal notice, the execution of the prescribed measures. The amounts recorded are then used to pay the expenses incurred
• Suspend Jobs of construction, renovation or demolition until the owner's situation has been rectified and take the necessary protective measures, at the expense of the person served notice
• Order payment of a administrative fine at most equal to €20,000 for a natural person and to €100,000 for a legal person
• Order payment of a penalty payment daily at most equal to €300 for a natural person and to €1,500 for a legal person, applicable from the date of notification of the decision fixing it and until satisfaction of the formal notice or of the measure ordered

Such measures shall be taken after informing the owner of the buildings of the grounds on which such measures may be based and of the opportunity to submit his observations within a specified period of at least one month.

Fines and periodic penalty payments shall be proportionate to the seriousness of the deficiencies identified. The fine may be imposed up to three years after the failure to fulfill obligations has been established.

The act laying down these sanctions can be published on the website of the prefecture, for a period of between 2 months and 5 years.

Criminal sanctions

the fact that, for land users, beneficiaries of works, architects, contractors or any other person responsible for carrying out works, not to comply with these obligations shall be punished by a fine of €45,000 (natural person) or €225,000 (legal person).

In case of recurrence, a sentence of 6 months imprisonment may also be pronounced.