1. ------IND- 2020 0792 F-- EN- ------ 20210111 --- --- PROJET

FRENCH REPUBLIC Ministry of the Ecological Transition Housing

Order of [date]

on the energy and environmental performance requirements for residential, office or primary or secondary education buildings in metropolitan France

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, including those that do not require a building permit or prior declaration.

Notice: the Order 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. It also sets the resource requirements applicable to these buildings.
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 RESOUCE REQUIREMENTS (PER COMPONENT) (Articles 19 to 40)

Title IV: PROPOSAL FOR SIMPLIFIED APPLICATION METHODS FOR 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: 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, software publishers.
Purpose: for new buildings and extensions of buildings in metropolitan France, setting requirements on their energy and environmental characteristics; specifications of their energy and environmental performance; determination of the method for calculating their energy and environmental performance.
Entry into force: these requirements and 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: the Order establishes the resource requirements (or per component) that the above-mentioned buildings located in metropolitan France must meet. It shall specify how to establish 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 this consumption; (4) limitation of the impact of the building components on climate change; (5) limitation of summer discomfort in the building. 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, allowing the determination of input data to energy performance calculations.

References: the wording of 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/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 Articles 3, 4 and 6 thereof;

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 CCH [Construction and Housing Code], and in particular Book I, Title I, Section 4 and Articles L134-2 and L151-1 thereof;

Having regard to Articles R241-26 and R241-30 of the Energy Code;

Having regard to Article R571-38 of the Environmental Code;

Having regard to the Town Planning Code, in particular Articles L123-1-5, R112-4 to 112-17, R*421-2 and R*421-5 thereof;

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 Article 3 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 the Construction and Housing Code, 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 thereof;
Having regard to the Order of 3 May 2007 on the thermal characteristics and energy performance of existing buildings [which] lists all the work concerned and gives the associated requirements, 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 greater than 1 000 m², when they are the subject of major renovation work;
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 on the thermal characteristics and energy performance requirements of new buildings and new parts of buildings other than those covered by Article 2 of the Decree of 26 October 2010 on the thermal characteristics and energy performance of constructions;

Having regard to the Order of 3 May 2007 on the thermal characteristics and energy performance of existing buildings, [which] lists all the work concerned and gives the associated requirements, 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 greater than 1 000 m², when they are the subject of major renovation work;

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), dated XXX;

Having regard to the opinion of the Higher Council on Construction and Energy Efficiency (CSCEE), dated 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 referral letter from the Departmental Council of Mayotte, 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 Council on Construction and Energy Efficiency (CSCEE), 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 between 23 March 2021 and 13 April 2021 pursuant to Article L123-19-1 of the Environmental Code;
Hereby order:

TITLE I. General provisions

CHAPTER I. - SCOPE

Article 1. (Types of buildings subject to the Order)

The provisions of this Order shall apply, from 1 July 2021 onwards, to the construction of buildings and parts of buildings for residential, office and primary or secondary education use that are subject to Article R111-20 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 French overseas departments.

Article 2. (Minority use assimilated to the main use)
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 R172-1 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

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 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 ANNEX I. Unless otherwise stated, this shall be the surface area used throughout this Order.

CHAPTER II. PARTIAL APPLICATION

Article 3. (Partial application possibilities for temporary constructions and constructions with small surface areas)

For certain buildings or parts of buildings, only the requirements specified in CHAPTER VIII need be applied.

This provision concerns the following, in accordance with Articles R111-20-1 and R111-20-2 of the Construction and Housing Code:

temporary constructions within the meaning of Article R*421-5 of the Town Planning Code that are intended to be used for two years or less;

buildings and building extensions with a reference area of less than 50 m²;

extensions of individual or adjoined houses with a reference area of less than 100 m², provided that the heating system of the existing building is used for the operation of the extension, or that a room is located both in the existing building and in the extension;

extensions for other uses of buildings with a reference area of less than 150 m² and less than 30% of the reference area of the existing rooms, provided that the heating system of the existing building is used for the operation of the extension, or that a room is located both in the existing building and in the extension.

CHAPTER III. DEFINITIONS

Article 4. (Definitions in Annexes)

The terms necessary for comprehension of this Order are defined in ANNEX I.

Eight climate zones (H1a, H1b, H1c, H2a, H2b, H2c, H2d and H3) are defined in ANNEX II to this Order.

Three building exposure classes for transport infrastructure noise (BR1, BR2 and BR3) are defined and determined according to the conditions of ANNEX III to this Order.

Article 5. (General presentation of indicators)

Indicators, defined in Article 6 to Article 8, can be used to express the performance of new buildings or parts of new buildings in relation to three aspects:

energy performance and the impact on climate change of the energy consumption of the building or part of a building;

the impacts on climate change of the building or part of a building, and its components;

summer comfort in the building or part of a building.

Article 6. (Bbio indicators; Cep,nr; Cep; Icenergy)

The conventional bioclimatic energy needs of a building for heating, cooling and artificial lighting, is defined by a coefficient referred to as Bbio. It is a dimensionless value and is expressed as a number of points.

The consumption of non-renewable primary energy 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, is defined by an indicator expressed in kWh/(m².year) of primary energy, denoted Cep,nr.

The 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, is defined by an indicator

expressed in kWh/(m².year) of primary energy, denoted Cep. This indicator does not count renewable energies captured on the building plot for the use of the building, as primary energy consumption.

The impact on climate change associated with primary energy consumption, reflected by the Cep indicator defined in the previous paragraph, is defined by an indicator expressed in kg CO2 equivalent/m², denoted Icenergy.

The Bbio, Cep,nr, Cep and Icenergy indicators shall be calculated according to the methods defined in Article 17.

Article 7. (The Iccomponents, Icbuilding indicators)

The impact on climate change associated with the building’s components, assessed over its entire life cycle, taking into account the storage of atmospheric carbon during the life of the building, is defined by an indicator expressed in kg CO2 equivalent/m² and denoted Iccomponents.

It corresponds to the impact on climate change linked to the production of 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. The assessment of this impact shall take into account the costs and benefits associated with the recovery of components at the end of their life.

The impact on climate change associated with the building, assessed over its entire life cycle, taking into account the storage of atmospheric carbon during the life of the building, is defined by an indicator expressed in kg CO2 equivalent/m² and denoted Icbuilding. It corresponds to the sum of the impact on climate change of the components Iccomponents and energy consumption Icenergy, mentioned respectively in I. of this Article and in IV. of Article 6, as well as the impact on climate change of the construction site and water consumption and discharge during the operation of the building.

The storage of biogenic carbon during the life of the building is defined by an indicator expressed in kg C/m², and denoted StockC.

The proportion of default environmental data used in the building assessment is defined by an indicator expressed in % and denoted UDD. It corresponds to the share of the impact on climate change associated with this data in the calculation of the Iccomponents indicator.

These Iccomponents, Icbuilding, StockC and UDD indicators shall be calculated according to the methods defined in Article 17.