Building construction

Some buildings or parts of buildings must include either a renewable energy production process, or a revegetation system.

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

• Commercial, industrial or artisanal
• Warehouse, or hangars not open to the public which are the subject of commercial exploitation
• Covered parking spaces accessible to the public that create more than 500 m² ofground right-of-way
• Offices that create more than 1,000 m² of footprint

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 ground right-of-way more than :

• 500 m², for buildings for commercial, industrial or craft use, warehouses or hangars, not open to the public and which are the subject of commercial exploitation
• 1,000 m², for office buildings

Vessel-associated parking areas

When shadows are built on the associated parking areas in buildings, they have to incorporate renewable energy production facilities over their entire surface area.

These arrangements shall be taken into account in the assessment of compliance with the obligations set out in this fiche.

General framework for exceptions

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

• Or 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 happen:
  
  • Due to heritage constraints
  • For existence of a technical and/or architectural constraint
  • For a security constraint
• Or if the work to fulfill 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 revegetation obligations may apply to certain buildings or parts of buildings. These are:

• Classified buildings, registered or protected under historic monuments
• Other buildings located:
  
  • To historic landmarks
  • In the perimeter of a remarkable heritage site
  • In a registered or classified site
  • Inside the heart of a national park

These buildings or parts of buildings are subject to the obligation for the production of renewable energies or the revegetation of their roofs only if the competent administrative authority (the mayor or prefect) agree or authorizes the work necessary to meet those obligations.

2. Exception for technical and/or architectural constraints

1. The existence of a technical and architectural constraint shall be established when the necessary adaptations to the installation of a renewable energy production system or a revegetation system are made:

• Either call into question the durability of the initial structures (for example because they make a fragile roof heavier)
• 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 only technical constraint shall be established when:

• Where the building or part of the building has a ventilated roof 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 vegetating system on the minimum mandatory surface
• The presence of technical roofing installations 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 to plant. As a reminder, the proportion of the roof area that must be covered to meet the requirement must be at least 30%. It will be 40% as of 1^er July 2026, then 50% as of 1^er July 2027.

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

3. Exception for existence of a security constraint

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

• Design, construction, operation and changes in buildings
• General building safety

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 duty-free cost of work required to install a renewable energy production system or of a revegetation system overshoot 15% of the total cost, excluding taxes, of the work construction, extension or renovation.

5. Exception for excessive renewable energy production costs

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

• In the case of a photovoltaic installation, over a period of 20 years exceeds the value of the purchase or reference tariff used for the calculation of the revenue which may 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 installation, is above a threshold of €200/MWh over the lifetime of the equipment. The service life of the equipment to be taken into account may not be less than 20 years.

The 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 amounts of energy produced by the system. The calculation of the discounted cost of energy shall take into account a discount rate set at 3%.

L'updated energy cost assessment is the subject of a technical-economic study carried out by a specialist company. This company:

• Has a professional qualification or certification in accordance with the requirements of the support system to which the installation is subject
• has a quality label corresponding to the installation implemented on the roof and issued by an organization that has signed the ‘EGR Studies’ charter with ADEME

Justification for the exception

The city planning authorization authority (mayor or prefecture) may provide that some or all of the obligations do not apply to the construction, extension or renovation of buildings or parts of buildings where certificate from the 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 may be granted.

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.