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Decree No 2021-1004 of 29 July 2021 on the energy and environmental performance requirements of buildings in metropolitan France

FRENCH REPUBLIC Ministry of the Ecological Transition Housing
Last update of the data in this text: 01 August 2021

Decree No of
NOR: LOGL2107361D

On the energy and environmental performance requirements of residential, office or primary or secondary education buildings in metropolitan France
JORF No 0176 of 31 July 2021

NOR:

Groups concerned: building owners, contractors, builders and developers, architects, heating and environment consultants, building economists, technical inspectors, construction companies, manufacturers of building materials and technical building systems and energy providers in metropolitan France.

Purpose: to establish requirements on the energy and environmental characteristics and the energy and environmental performance of new buildings and building extensions in metropolitan France.

Entry into force: these requirements shall apply from 1 July 2021 to the construction of buildings or parts of buildings for residential, office, or primary or secondary educational use, as well as to temporary constructions and extensions, depending on their surface area, used for the same purposes; they shall also apply to those that do not require a building permit or prior declaration. A regulatory label on energy and environmental performance is introduced, whose entry into force shall be set by Order, no later than 30 June 2022.

Notice: the Decree establishes the energy and environmental performance requirements that the above-mentioned buildings located in metropolitan France must meet; in particular, the following five performance requirements: (1) optimisation of the energy design of the building independently of the energy systems implemented; (2) limitation of primary energy consumption, (3) limitation of the impact on climate change associated with this consumption; (4) limitation of the impact of the building components on climate change; (5) limitation of summer discomfort in the building.

References: the wording of these texts, as amended by this Decree, may be consulted on the Légifrance website (http://www.legifrance.gouv.fr).
Annex

The Prime Minister,

On the basis of the report by the Minister for the Ecological Transition;
On the basis of the report by the Minister for the Ecological Transition,

Having regard to Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (codified text), and in particular Notification No year/XXX/F;
Having regard to Directive 2010/31/EC of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings, as amended by Directive 2018/844 of the European Parliament and of the Council of 30 May 2018, in particular Article 3 thereof;

Having regard to Directive 2010/31/EC of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings, as amended by Directive 2018/844 of the European Parliament and of the Council of 30 May 2018, in particular Articles 3, 4 and 6 thereof;
Having regard to Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (codified text);

Having regard to Directive 2018/2001/EU of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources, in particular Article 15 thereof;
Having regard to the Civil Code, in particular Article 1787 thereof;

Having regard to the Construction and Housing Code, in particular Articles L111-9, L134-2 and L151-1 thereof;
Having regard to Decree No 97-34 of 15 January 1997 amended, on decentralisation of individual administrative decisions;

Having regard to the Town Planning Code, in particular Article L462-1, R*421-2 and R*421-5 thereof;
Having regard to the Construction and Housing Code, in particular Articles L. 171-1, L. 126-27, L. 181-1, L. 231-1 and L. 232-1 thereof;

Having regard to the observations made during the public consultation carried out from XXX to XXX, pursuant to Article L120-1 of the Environmental Code;
Having regard to the Town Planning Code, in particular Article L. 462-1, R.* 421-2 and R.* 421-5 thereof;

Having regard to the opinion of the National Council for the Evaluation of Standards (CNEN), dated XXX;
Having regard to the opinion of the Higher Energy Council (CSE), dated 25 March 2021;

Having regard to the opinion of the Higher Energy Council (CSE), dated XXX;
Having regard to the opinion of the Higher Council on Construction and Energy Efficiency (CSCEE), dated 13 April 2021;

Having regard to the opinion of the Higher Council on Construction and Energy Efficiency (CSCEE), dated XXX;
Having regard to the opinions of the National Standards Assessment Council of 1 April and 6 May 2021;

Having regard to the referral letter from the Assembly of Guyana, dated XXX;
Having regard to the referral letter from the Assembly of Martinique, dated 26 March 2021;

Having regard to the referral letter from the Assembly of Martinique, dated XXX;
Having regard to the referral letter from the Departmental Council of Reunion Island, dated 26 March 2021;

Having regard to the referral letter from the Departmental Council of Guadeloupe, dated XXX;
Having regard to the referral letter from the Regional Council of Reunion Island, dated 26 March 2021;

Having regard to the referral letter from the Departmental Council of Reunion Island, dated XXX;
Having regard to the referral letter from the Departmental Council of Mayotte, dated 26 March 2021;

Having regard to the referral letter from the Regional Council of Guadeloupe, dated XXX;
Having regard to the referral letter from the Departmental Council of Guadeloupe, dated 29 March 2021;

Having regard to the referral letter from the Regional Council of Reunion Island, dated XXX;
Having regard to the referral letter from the Regional Council of Guadeloupe, dated 29 March 2021;

Having regard to the referral letter from the Departmental Council of Mayotte, dated XXX;
Having regard to the referral letter from the Assembly of French Guiana, dated 12 April 2021;

Having regard to notification No 2020/790/F sent to the European Commission on 14 December 2020 and the latter’s reply of 15 June 2021,
Hereby orders:

Having regard to the observations made during the public consultation carried out from 23 March to 13 April 2021, pursuant to Article L. 123-19-1 of the Environmental Code;

Having heard the Council of State (public works division),


Article 1

Subsections 1 to 4 of Section 4 of Chapter I of Title I of Book I of the Construction and Housing Code are replaced by subsections 1 to 5, worded as follows.

‘Subsection 1: Energy and environmental performance requirements applicable to the construction of residential, office or primary or secondary education buildings or parts of buildings

‘Article R111-20 - I. - The provisions of this Subsection shall apply to the construction, within the meaning of L111-1, of residential, office or primary or secondary education buildings or parts of buildings requiring a building permit application or prior declaration submitted from 1 July 2021 onwards. They shall also apply to the construction of car parks associated with these buildings.

Tourist residences with a bedroom, a kitchen and toilets shall be subject to the rules applicable to buildings for residential use established in this Subsection.

II. - The provisions of this Subsection shall apply to the construction of residential, office or primary or secondary education buildings exempt from building permit applications and prior declarations as light recreational dwellings within the meaning of Article R*421-2, b) and temporary constructions within the meaning of Article R*421-5 of the Town Planning Code.

III. - With the exception of buildings on which work was completed before 31 December 2020, buildings that are the subject of a declaration attesting to the completion of works after 31 December 2025 shall comply with the provisions of this Article regardless of the date of the building permit application or the prior declaration of works.

IV. - This Subsection shall not apply in Guadeloupe, Guyana, Martinique, Reunion and Mayotte.

‘Article R111-20-1. - For temporary constructions within the meaning of Article R*421-5 of the Town Planning Code that are envisaged for a period of use of less than two years, alternative requirements established by Order may be implemented to achieve certain minimum results established under this Subsection. This Order shall be issued by the Minister responsible for Energy and the Minister responsible for Construction.

‘Article R111-20-2. - In the case of buildings with a surface area of less than 50 m2 and building extensions, depending on their characteristics, alternative requirements established by Order may be implemented to achieve certain minimum results established under this Subsection. This Order shall be issued by the Minister responsible for Energy and the Minister responsible for Construction.

‘Article R111-20-3. - In order to meet the general objectives established in Article L111-9 [the future L171-1 and L171-3] and subject to the provisions of Articles R111-20-1 and R111-20-2, the construction of any building or part of a building subject to this Subsection shall achieve the minimum results below.

1. The building’s energy requirements for heating, cooling and lighting, calculated for defined operating conditions, are less than or equal to a maximum energy requirement.

2. The primary energy consumption and non-renewable primary energy consumption of the building for heating, cooling, domestic hot water production, lighting, mobility of building occupants, auxiliary heating, cooling, domestic hot water and ventilation, calculated for defined operating conditions, are less than or equal to a maximum primary energy consumption and a maximum non-renewable primary energy consumption respectively.

3. The impact on climate change of the primary energy consumption referred to in 2. is less than or equal to a maximum impact.

4. The impact on climate change linked to the building components, their transportation, installation and use, excluding the energy and water needs of the operational phase of the building; their maintenance, repair, replacement and end of life, assessed over the entire life cycle of the building, is less than or equal to a maximum impact. The assessment of this impact shall take into account the storage of carbon from the atmosphere during the life of the building, as well as the costs and benefits associated with the recovery of components at the end of their life.

5. The number of degree-hours of summer discomfort is less than or equal to a number of degree-hours of maximum summer discomfort.

6. The impact of the building on climate change, assessed over its entire life cycle, is calculated for information purposes. The assessment of this impact shall take into account the storage of carbon from the atmosphere during the life of the building, as well as the costs and benefits associated with the recovery of components at the end of their life.

7. The quantity of atmospheric carbon stored in the building is calculated for information purposes.

In 4. of this Article, the word ‘components’ includes ‘construction products’, ‘decorative products’ and ‘electrical, electronic and HVAC equipment products’, within the meaning of the following definitions: ‘Construction products’: products incorporated into the construction of a building or part of a building in a sustainable manner; ‘Decorative products’: products used as wall, floor and ceiling coverings; ‘Electrical, electronic and HVAC equipment’: technical systems integrated into the building or part of a building or its plot, contributing to the operation of the building for heating, cooling, ventilation, local energy production, lighting, domestic hot water and other systems relating to sanitation, safety, fire safety, mobility of building occupants, building automation and regulation, and energy and communication networks.

The provisions of 1. to 3., 5. and 6. of this Article shall only apply to those parts of buildings which, in normal use, are heated to a temperature above 12 °C or cooled to a temperature below 30 °C and associated car parks.

‘An order of the Minister responsible for Energy and of the Minister responsible for Construction shall establish the various maximum values mentioned in 1. to 5. according to the categories of buildings and their location. It shall also establish the evolution of the maximum values mentioned

in 3. and 4. in order to resort to low greenhouse gas emission energy systems and construction methods, which will be applied from 1 July 2024, from 1 July 2027 and from 1 July 2030.

‘Article R111-20-4. - An order of the Minister responsible for Energy and the Minister responsible for Construction shall establish the minimum technical characteristics of certain components or sets of building components contributing to energy and environmental performance, sanitary quality or thermal comfort, depending on the building category and their location.

‘Article R111-20-5. - I. - Achievement of the minimum results established under Article R111-20-3, and certain minimum requirements established under Article R111-20-4, is verified according to a calculation method that defines in particular the calculation rules and assumptions to be applied.

II. - For certain categories of buildings, a technical solution may be proposed and, after approval by the Minister responsible for Energy and the Minister responsible for Construction, be deemed compliant with the provisions of this Subsection.

III. - When the calculation method is not applicable due to the specificities of the project, a system, or the creation or consequent modification of the energy components consumed from a heating or cooling network, the method used to verify achievement of the results can be adapted to this project, system or network subject to approval by the Minister responsible for Energy and the Minister responsible for Construction.

An order of the Minister responsible for Energy and the Minister responsible for Construction shall establish the method mentioned in I. and determine the conditions of application of the adaptations provided for in II. and III.

‘Article R111-20-6. - An order of the Minister responsible for Energy and the Minister responsible for Construction shall determine the data that can be used to justify compliance with the requirements of Articles R111-20-3 to R111-20-5 and establish the rules for using this data.

‘Article R111-20-7. - An order of the Minister responsible for Energy and the Minister responsible for Construction shall establish the procedures for submitting the data used to calculate the values mentioned in Article R111-20-3, 1. to 7. in accordance with Article R111-20-6. This data shall be held by the building owner after completion of the works and for at least six years following submission of the declaration provided for in Article L462-1 of the Town Planning Code. It shall be communicated to: the first purchaser of the building and, upon request and within the limit of the data retention period, to: subsequent purchasers; to the authorised persons mentioned in Article L151-1 [the future L181-1] of the Construction and Housing Code; to any person responsible for certifying compliance with the construction rules of this Subsection; and to any person responsible for establishing the energy performance diagnosis mentioned in Article L134-2 [the future L126-27] of the Construction and Housing Code.

‘Subsection 2: studies and procedures associated with the construction of residential buildings, offices or primary or secondary education buildings or parts of buildings

[The content of this Section will be subject to change in the context of an additional consultation]

‘Article R111-20-8. - I. - The time limit for response to requests submitted on the basis of Article R111-20, upon the expiry of which tacit acceptance shall be deemed to have been given, shall be three months for requests regarding:

1. the approval of operators measuring the air permeability of buildings;

2. the approval of bodies issuing the High Energy and Environmental Performance (haute performance énergétique et environnementale) label within the meaning of Article R111-20-23.

II. - The time limit for response to requests for approval of a technical solution equivalent to compliance with the provisions of Subsection 1 submitted on the basis of Article R111-20-5(II), upon the expiry of which tacit acceptance shall be deemed to have been given, shall be four months.

III. - The time limit for response to requests for approval of the performance of a heating or cooling network submitted on the basis of Article R111-20-5(III), upon the expiry of which tacit acceptance shall be deemed to have been given, shall be six months.

IV. - The time limit for response to requests for approval of application software for the thermal regulations submitted on the basis of Article R111-20-5, upon the expiry of which tacit acceptance shall be deemed to have been given, shall be nine months.

V. - The time limit for response to requests for approval of a method of justifying the performance of a system as regards the requirements of the thermal regulations, submitted on the basis of Article R111-20-5(III), upon the expiry of which tacit acceptance shall be deemed to have been given, shall be 12 months.

‘Subsection 3: Energy performance requirements applicable to the construction of buildings or parts of buildings not covered by Subsection 1

‘Article R111-20-9. - The provisions of this Subsection shall apply to all construction projects for buildings or parts of buildings requiring a building permit application or prior declaration and appearing on the following list:

child-minding facilities;

accommodation area for secondary education buildings;

university teaching and research buildings;

hotels;

restaurants;

businesses;

gyms and sports halls, including changing rooms;

health establishments;

residential homes for the elderly and residential care homes for the elderly;

airport terminals;

courts, courthouses;

buildings for industrial and craft use.

‘Article R111-20-10. - I.- The constructions of buildings or parts of buildings not covered under Subsection 1 shall comply with the thermal characteristics as well as the following conditions:

1. the conventional energy consumption of a building for heating, cooling, domestic hot water production, lighting, auxiliary heating, cooling, domestic hot water and ventilation, is less than or equal to maximum consumption;

2. the conventional energy requirement of a building for heating, cooling and lighting does not exceed a maximum value;

3. for certain types of buildings, the conventional interior temperature reached in summer is less than or equal to the conventional interior reference temperature.

II.- An order of the Minister responsible for Energy and of the Minister responsible for Construction shall establish the following, according to the categories of buildings: