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FRENCH REPUBLIC Ministry of the Ecological Transition Housing

Order of [date]

Approving the calculation method provided for in Article R111-20-5 of the Construction and Housing Code

NOR:

Groups concerned: 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 the method used to calculate the energy and environmental performance of residential, office or primary or secondary education buildings in metropolitan France, for application of the Order of XXX relating to the energy and environmental performance requirements of residential, office or primary or secondary education buildings in metropolitan France

Entry into force: this Order shall apply from 1 July 2021 onwards.

Notice: the Order establishes the method used to calculate the energy and environmental performance of residential, office or primary or secondary education buildings in metropolitan France, through three annexes:

Annex I: General rules for the calculation of energy and environmental performance

Annex II: The Th-BCE 2020 calculation method, detailing the energy performance calculation rules associated with the calculation tool provided for in Article L111-9-1-A of the Construction and Housing Code

Annex III: The Th-Bat 2020 rules, used to determine the input data for the building energy performance calculations for the regulatory calculation

References: the text as amended by this Order may be consulted on the Légifrance website (www.legifrance.gouv.fr).

The Minister for the Ecological Transition, the Minister Delegate for Housing, attached to 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 Articles 3, 4 and 6 thereof;

Having regard to the Construction and Housing Code, in particular Article R111-20-5 thereof;

Having regard to the Order of XXX on the energy and environmental performance of residential, office or primary or secondary education buildings in metropolitan France;

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 opinion of the National Council for the Evaluation of Standards (CNEN), dated XXX;

Having regard to the opinion of the Higher Energy Council (CSE), issued on XXX;

Having regard to the opinion of the Higher Council on Construction and Energy Efficiency (CSCEE), issued on XXX;

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 XXX;

Having regard to the referral letter from the Departmental Council of Guadeloupe, dated XXX;

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

Having regard to the referral letter from the Regional Council of Guadeloupe, dated XXX;

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

Having regard to the letter of referral from the Departmental Council of Mayotte, dated XXX;

Hereby order the following:

Article 1

The calculation method annexed to this Order and provided for in Article R111-20-5 of the Construction and Housing Code is hereby approved.
Order of 4 August 2021 on the energy and environmental performance requirements for buildings in metropolitan France and approving the method of calculation provided for in Article R. 172-6 of the Construction and Housing Code

Title I: GENERAL PROVISIONS (Articles 1 to 7)

Title II: SPECIFICATIONS ON THE EXPRESSION OF ENERGY AND ENVIRONMENTAL PERFORMANCE REQUIREMENTS (Articles 8 to 18)

Title III: THERMAL CHARACTERISTICS AND REQUIREMENTS FOR MEANS (PER COMPONENT) (Articles 19 to 40)

Title IV: PROPOSAL FOR SIMPLIFIED APPLICATION METHODS IN INDIVIDUAL HOUSES (Articles 41 to 42)

Title V: SPECIAL CASES (Articles 43 to 44)

Title VI: MISCELLANEOUS PROVISIONS (Articles 45 to 52)

Annex

Groups concerned: 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, software editors.
Purpose: for new buildings and extensions of buildings in metropolitan France, setting requirements on their energy and environmental characteristics; precisions for fixing their energy and environmental performance; fixing the method of calculating their energy and environmental performance.
Entry into force: these requirements, as well as the method of calculation shall apply from 1 January 2022 to the construction of buildings or parts of buildings for residential use, and from 1 July 2022 to the construction of buildings or parts of buildings for office or primary or secondary educational use. They also apply to temporary constructions and extensions, depending on their surface area, used for the same purposes from 1 January 2023. These requirements also apply to constructions including those that do not require a building permit or prior declaration.
Notice: this order establishes the resource (or per component) requirements that the above-mentioned buildings located in metropolitan France must meet. It specifies how to fix the following five (or overall) result 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 these consumptions; (4) limitation of the impact of the building components on climate change; (5) limiting situations of discomfort in the building during the summer. Finally: the order establishes the method used to calculate the energy and environmental performance of residential, office or primary or secondary education buildings in metropolitan France, through three annexes:
- ANNEX  II: General rules for the calculation of energy and environmental performance;
- ANNEX  III: Calculation method “Th-ECB 2020”, detailing the rules for calculating energy performance;
- ANNEX IV: “Th-Bat 2020” rules, to determine the input data for energy performance calculations.

References: the written text as amended by this order may be consulted on the Légifrance website (www.legifrance.gouv.fr).

The Minister of Ecological Transition and the Minister Delegate to the Minister of Ecological Transition, in charge of housing,
Having regard to Directive 2010/31/EU 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 its Article 3;
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 the construction and housing code, and in particular Articles L. 181-1, R. 172-1 to R. 172-9 and R. 126-16 thereof;
Having regard to the Energy Code, and in particular Articles R. 241-26 and R. 241-30 thereof;
Having regard to the Town Planning Code, and in particular Articles L. 151-19, R*. 421-2 and R*. 421-5;
Having regard to the Order of 3 May 2007 on the thermal characteristics and energy performance of existing buildings listing all the works concerned and setting out the associated requirements, as amended by the Order of 22 March 2017;
Having regard to the Order of 13 June 2008 on the energy performance of existing buildings with a surface area exceeding 1 000 m², when undergoing major renovations;
Having regard to the Order of 26 October 2010 on the thermal characteristics and energy performance requirements of new buildings and new parts of buildings;
Having regard to the order of 28 December 2012 relating to the thermal characteristics and energy performance requirements of new buildings and new parts of buildings other than those concerned by Article 2 of the decree of 26 October 2010 relating to thermal characteristics and performance energy for buildings;
Having regard to the opinion of the Higher Energy Council (CSE), issued on 25 March 2021;
Having regard to the opinion of the Higher Council for Construction and Energy Efficiency dated 13 April 2021;
Having regard to the opinions of the National Standards Assessment Council of 1 April and 6 May 2021;
Having regard to notifications No 2020/791/F and No°2020/792/F sent to the European Commission on 14 December 2020 and to the Commission’s reply of 15 June 2021;
Having regard to the observations made during the public consultation carried out from 23 March 2021 to 13 April 2021, in application of Article L. 123-19-1 of the environment code,
Decree:

Title I: GENERAL PROVISIONS (Articles 1 to 7)

Chapter I: SCOPE (Articles 1 to 2)

Article 1

The provisions of this Order shall apply to the construction of buildings and parts of buildings for residential, office and primary or secondary education use that are subject to Article R. 172-1 of the Construction and Housing Code, as well as to the

construction of car parks associated with these constructions.
They shall not apply to buildings situated in Guadeloupe, Guyana, Martinique, Reunion and Mayotte.

Article 2

The Director for Housing, Urban Development and Landscapes and the Director General for Energy and Climate shall be responsible, each within the scope of their respective competences, for the implementation of this Order, which shall be published in the Official Journal of the Ministry of the Ecological and Inclusive Transition.
Part of a building can be assimilated to the main use of the building, with application of the associated requirements, when the following cumulative conditions are met:

- the reference area of the part of the building in question is less than 150 m² and less than 10% of the reference area of the main use of the building;
- the part of the building corresponding to the main use shall be subject to this Order, or to the above-mentioned Order of 26 October 2010, or to the above-mentioned Order of 28 December 2012.

A part of a building used as an individual house cannot be assimilated to another use.
The reference area of the building, denoted Sref, is defined in X of Chapter I of the Annex to Article R. 172-4 of the Construction and Housing Code. Unless otherwise stated, this shall be the surface area used throughout this Order.

Chapter II: PROCEDURES FOR TEMPORARY APPLICATION (Article 3)

Article 3

I. - In accordance with Article R. 172-1(II) of the Construction and Housing Code, the provisions of this Order shall apply only from 1 January 2023 to light recreational dwellings within the meaning of Article R.* 421-2 of the Town Planning Code and to temporary constructions within the meaning of Article R.* 421-5 of the same Code.
II. - In accordance with Article R. 172-3 of the Construction and Housing Code, the provisions of this Order shall apply only from 1 January 2023 to:

- buildings and building extensions with a reference area of less than 50 m²;
- extensions of individual or adjoined houses with a reference area of strictly between 50 m² and 100 m²;
- extensions for uses other than individual houses with a reference area of less than 150 m² and 30% of the reference area of the existing premises.

For these buildings, until 31 December 2022, only the provisions of the aforementioned Order of 26 October 2010 shall apply.

Chapter III: DEFINITIONS (Article 4)

Article 4

The terms necessary to understand this Order are defined in Annex I. The indicators Bbio, Cep, Cep, nr, Icenergy, Icconstruction, DH, Icbuilding, StockC, Icconstruction and Icded, as well as the maximum values Bbio_max, Cep_max, Cep, nr_max, Icenergy_max, Icconstruction_max and DH_max, referred to in this Order, are defined in I to IX of Chapter I of the Annex to Article R. 172-4 of the Construction and Housing Code.

Chapter IV: ENERGY AND ENVIRONMENTAL PERFORMANCE REQUIREMENTS AND MINIMUM TECHNICAL CHARACTERISTICS (Articles 5 to 7)

Article 5

Buildings or parts of buildings subject to this Order shall comply with the requirements laid down in Article R. 172-4 of the Construction and Housing Code and determined in accordance with the procedures set out in the Annex to that article and in Article 8 of this Order.

Article 6

The minimum technical characteristics of certain building components or assemblies of components of buildings subject to this Order must comply with the requirements laid down in Title III of this Order.

Article 7

Buildings whose characteristics comply with the simplified application methods, approved under the conditions described in Title IV of this Order, shall be deemed to comply with the requirements of this Order.

Title II: SPECIFICATIONS ON THE EXPRESSION OF ENERGY AND ENVIRONMENTAL PERFORMANCE REQUIREMENTS (Articles 8 to 18)

Chapter V: ASSESSMENT OF COMPLIANCE WITH THE REQUIREMENTS (Articles 8 to 17)

Article 8

The calculation method attached to Appendices II to IV of this order, and provided for in Article R. 172-6 of the construction and housing code, is approved.
In accordance with paragraph I of the same article, this calculation method determines the energy and environmental performance of the building, with particular reference to the indicators described in I to IX of Chapter I of the Annex

to Article R. 172-4 of the same code, based on the characteristics of the building and its components.
In particular:

- these indicators shall be calculated with an emphasis on conventional climatic and intensity of use data;
- the Bbio, Cep, nr and Cep indicators shall be calculated over one year;
- the climate change impact indicators Icenergy, Icconstruction and Icbuilding shall be calculated using the coefficients specified in Article 11 and taking the lifespan of the building to be 50 years, by convention;
- calculation of the Cep, nr indicator shall take into account the coefficients defined in I of Article 9;
- calculation of the Cep indicator shall take into account the coefficients defined in II of Article 9;
- calculation of the Icenergy indicator shall take into account the coefficients defined in Article 10.

Article 9

I. - The transformation coefficients of the energy entering the building as non-renewable primary energy shall be used when determining the Cep, nr indicator described in this Order and are taken by convention to be equal to the:

Type of energy imported by the building Transformation coefficients of the energy entering the building as non-renewable primary energy Wood 0 Electricity 2.3 District heating network (heat) 1 - Renewable energy or network recovery ratio (heat) District heating network (cold) 1 Methane gas (natural) from networks 1 Renewable energy captured on the building or the plot 0 Other energies 1

The renewable energy or urban heating network recovery ratio shall be defined by

the order for each existing infrastructure.
II. - The transformation coefficients of the energy entering the building as primary energy shall be used when determining the Cep indicator and are taken by convention to be equal to the:

Type of energy imported by the building Transformation coefficients of the energy entering the building as primary energy Wood 1 Electricity 2.3 District network (heating) 1 District network (cold) 1 Methane gas (natural) from networks 1 Renewable energy captured on the building or the plot 0 Other energies 1

By convention, the energy produced by the building on behalf of a network, as well as the possible quantity of energy imported by the building to produce this energy, do not affect the building’s Cep, nr, Cep and Icenergy indicators.

Article 10

The transformation coefficients of the energy entering the building as quantities of greenhouse gases emitted shall be used when determining the Icenergy indicator and are taken by convention to be equal to the:

Type of energy per kWh EF LCV kg CO2 equivalent per kilowatt hour of final energy in LCV Wood, biomass - wood chips 0.024 Wood, biomass - Granules (pellets) or briquettes 0.03 Wood, biomass - Log 0.03 Electricity for heating 0.079 Electricity for cooling 0.064 DHW electricity 0.065 Electricity for tertiary lighting 0.064 Electricity for residential lighting 0.069 Electricity for other uses 0.064 Methane gas (natural) from networks 0.227 Butane gas 0.272 Propane gas 0.272 Other fossil fuels 0.324