RE 2020: Details on Certificates to be Provided by New Construction Project Owners

Since January 2022, RE 2020 has required project owners to provide an energy feasibility study and certificates of conformity to environmental and energy requirements.

Clara Godin
Juriste en droit de l'environnement & santé-sécurité au travail
Publication : 
27.12.2021
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Please note: This article concerns French legislation. The requirements described may not apply in other countries.

The implementation of the 2020 environmental regulations (RE 2020) is accelerating. Indeed, a few months after the publication of the decree and theorder "requirements and methods" this summer, a decree published on December 1st sets out the procedures for issuing and producing the certificates that must be provided by project owners of new constructions.

What certificates must project owners provide?

The energy supply feasibility study

Prior to submitting the building permit application, the project owner must first commission a technical and economic feasibility study of energy supply solutions.

This study must present the advantages and disadvantages of each technical solution examined (wind, solar, biomass, etc.) and also specify the reasons why the project owner chose the selected supply solution. Following this, it must be attached to the building permit application.

The certificate of compliance with RE 2020 requirements

Furthermore, the project owner must also prepare for each building or part of a building concerned a document certifying compliance with the energy and environmental performance requirements stipulated by RE 2020.

This certificate must be attached when submitting the building permit application and then, at a later stage, when declaring the completion and conformity of the works.

Which constructions are concerned?

These new obligations will apply to new constructions of residential, office, and primary and secondary education buildings. They will come into force according to the schedule set by RE 2020:

It should be noted, however, that the following constructions
[SEG 7]
are not subject to these new requirements

  • temporary constructions intended for a ;Buildings for agricultural, craft, or industrial use, other than premises used for habitation, which require only a small amount of energy for heating, domestic hot water production, or cooling;
  • Buildings used as places of worship;
  • Extensions of historical monuments classified or listed under the Heritage Code;
  • The
  • independent buildings 2;
  • Individual or semi-detached houses;
  • From January 1st , 2025, multi-unit dwellings.

Sources:

Decree No. 2021-1548 of November 30, 2021, concerning certificates of compliance with energy and environmental performance requirements and the completion of a feasibility study on various energy supply solutions for building construction in metropolitan France.

Construction and Housing Code (in its version effective January 1st , 2022), articles R. 172-1 to R. 172-9 (energy and environmental performance requirements applicable to the construction of residential, office, or primary/secondary education buildings or parts of buildings), R. 122-1 to R. 122-4 (preliminary studies), and R. 122-22 to R. 122-35 (Certificates).

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