Construction of buildings

Some buildings or parts of buildings must incorporate either a renewable energy production process, or one vegetation system.

This applies to constructions of buildings or parts of buildings for use:

• Commercial, industrial, craft or administrative
• From offices
• Warehouse
• Hangars not open to the public which are commercially exploited
• Sports, recreation and recreation
• Academic and university.

The obligation also applies to covered parking lots publicly available that create more 500 m² d'right of way on the ground.

Extensions and associated renovations

These obligations also apply to extensions and heavy renovations of buildings or parts of buildings where such extensions or renovations have a right of way on the ground of more than 500 m². The buildings concerned are for use:

• Commercial, industrial, craft or administrative
• From offices
• Warehouse
• Hangars not open to the public which are commercially exploited
• Sports, recreation and recreation
• Academic and university.

The buildings or parts of buildings concerned by the obligation must integrate on their roof :

• Either one renewable energy production process (e.g. photovoltaic panels)
• Either one vegetation system based on a cultural mode using drinking water only as a complement to reclaimed water, guaranteeing a high degree of thermal efficiency and insulation and promoting the preservation and recovery of biodiversity
• Or any other device leading to the same result.

Renewable energy production processes and vegetation systems must be carried out on the roof of the building.

The minimum area covered by these systems shall be at least equal to 30% the proportion of the roof built or renovated.

This percentage shall be at least:

• 40% from 1^er july 2026
• 50% from 1^er july 2027.

General framework of exceptions

Heavy constructions, extensions and renovations may benefit from an exception to all or part of the obligation:

• Either if installation of mandatory processes and devices is not possible. This applies in particular if the installation is likely to aggravate a risk or presents an insurmountable technical difficulty. This can take place:
  
  • Due to heritage constraints
  • For existence of a technical and/or architectural constraint
  • For existence of a security constraint.
• Either if the work to meet this obligation cannot be carried out in economically acceptable conditions :
  
  • For disproportionate installation costs
  • For excessive renewable energy production costs.

1. Exception due to property constraints

An exemption from renewable energy production or greening requirements may apply to certain buildings or parts of buildings. These are:

• Classified buildings, registered or protected under historical monuments
• Other buildings located:
  
  • To surroundings of historical monuments
  • Within the perimeter of a remarkable heritage site
  • In a listed or classified site
  • Inside the heart of a national park.

These buildings or parts of buildings are subject to the obligation renewable energy production or greening of their roofs only if the competent administrative authority (mayor or prefect) give his consent or authorizes the work necessary to fulfill those obligations.

2. Exception for the existence of a technical and/or architectural constraint

1. The existence of a technical and architectural constraints shall be established where the adaptations necessary for the installation of a renewable energy production system or a vegetation system:

• Either question the durability of the initial structures (for example because they weigh down a fragile roof)
• Either are not technically feasible (for example because there is no system adapted to the dimensions and architecture of the building).

2. The existence of a constraint only technical shall be established where:

• Either where the building or part of the building has a ventilated overroof consisting of an overlaid horizontal wall acting as a sun visor, which does not allow the installation of a renewable energy production system or a vegetation system on the minimum compulsory surface.
• Either the presence of technical installations on the roof does not make it possible to cover the proportion of the roof that must be covered with regard to the obligation to produce renewable energy or greening. As a reminder, the proportion of the surface of the roof that must be covered to comply with the obligation must be at least 30%. It will be from 40% from 1^er July 2026, then 50% from 1^er July 2027.

3. The existence of a architectural-only constraint opposing the installation of a vegetation system is established where the slope of the roof is greater than 20%.

3. Exception for the existence of a security constraint

The existence of a security constraint shall be established where there is no suitable renewable energy production or greening system for the building. This shall apply if the installation or use of all existing systems that can be settled violates any of the following:

• Design, construction, operation and changes of buildings
• General safety of buildings.

If there is a system in place that does not violate these security rules, the exception does not apply.

4. Exception for disproportionate installation costs

The existence of disproportionate installation costs shall be established where the the cost, excluding tax, of the work required to install a renewable energy production system or of a vegetation system overtakes 15% of the total cost excluding taxes of the works for construction, extension or renovation.

5. Exception for excessive renewable energy production costs

The existence of excessive renewable energy production costs shall be established when the discounted cost energy produced by the renewable energy production system:

• In the case of a photovoltaic installation, exceeds over a period of 20 years, the value of the purchase tariff or the reference tariff used to calculate the revenue that can be obtained from the sale of the electricity produced by the installation, multiplied by a coefficient equal to 1,2.
• In the case of a renewable heat production plant, is above a threshold of €200/MWh over the lifetime of the equipment. The service life of the equipment to be considered may not be less than 20 years.

Discounted energy cost is defined as the discounted sum of the investment costs and the operating and maintenance costs of the system, divided by the discounted sum of the annual quantities of energy produced by the system. The calculation of the discounted energy cost shall take into account a discount rate set at 3%.

THEassessment of the present cost of energy is the subject of a techno-economic study carried out by a Specialized company. This company:

• Has a professional qualification or certification in accordance with the requirements of the support device from which the installation benefits
• Either has a quality label that corresponds to the installation implementation on the roof and issued by an organization that has signed the “RGE Études” charter with ADEME.

Justification of the exception

The competent authority for city planning authorization (town hall or prefecture) may stipulate that all or part of the obligations shall not apply to major constructions, extensions or renovations of buildings or parts of buildings where attestation of developer, attached to the application for city planning authorization, justifies one of the exceptions. The certificate must be accompanied by the documents justifying the exception which the contracting authority considers to be of benefit.

When the developer considers that the project cannot benefit from any exception, it must attach to application forcity planning authorization an attestation reporting on the plan to install a system for:

• Renewable electricity generation
• Renewable heat production
• Vegetation.

This certificate must demonstrate that the project is capable of meeting its obligations the production of renewable energy or the greening of roofs.

Assistance with your planning permission application

Administrative controls and penalties

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

When a failure to comply is found during an inspection, a report 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 to be determined by it, which shall be at least one month.

The owner can be formal notice regularize its situation within a specified period. If, on expiry of the period prescribed, it has not regularized its situation, the competent administrative authority may adopt one or more of the administrative penalties following:

• Require the person served with formal notice to log 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 officioin place of the person served with formal notice and at his own expense, the execution of the prescribed measures. The amounts recorded are then used to pay for the expenses incurred.
• Suspend work of construction, renovation or demolition until the situation of the owner has been regularized and take the necessary precautionary measures, at the expense of the person served with formal 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 on-call duty daily at most equal to €300 for a natural person and €1,500 for a legal person, applicable from the date of notification of the decision fixing it until the formal notice or the measure ordered has been satisfied.

Such measures shall be taken after the owner of the buildings has been informed of the grounds for such measures and of the opportunity to submit observations within a specified period of at least one month.

Fines and periodic penalty payments are proportionate to the seriousness of the infringements found. The fine may be imposed up to 3 years after the non-compliance has been established.

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

Criminal sanctions

For land users, beneficiaries of works, architects, contractors or any other person responsible for the execution of works, not complying with these obligations shall be punished by fine of €45,000 (natural person) or €225,000 (legal person).

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