Energy transition: new obligations on the integration of photovoltaic and charging stations

The French law relating to the acceleration of the production of renewable energies (loi relative à l’accélération de la production d’énergies renouvelables) dated 10 March 2023 also known as the “APER Law”, supplements the French Climate and Resilience Act (loi portant lutte contre le dérèglement climatique et renforcement de la resilience face à ses effets) dated 22 August 2021, to encourage companies and stakeholders to participate in the energy transition.

Obligation to install electric vehicle charging stations in car parks

By 1 January 2025, non-residential buildings with a car park of more than twenty parking spaces must have electric vehicle charging stations.

Failure to comply with this obligation to install charging stations is sanctioned by criminal and administrative penalties under the French Code de la construction et de l’habitation. Additionally, the Code de la construction et de l’habitation allows authorised public officials and agents to conduct inspections during the construction or renovation of buildings and up to six years after their completion to ensure compliance with the obligations to install electric vehicle charging stations in car parks.

Obligation to solarise outdoor car parks

In addition to existing obligations under the French Code de l’urbanisme, Article 40 of the APER Law requires outdoor car parks managers to cover 50% of the surface area of their car parks with solar panels. This obligation applies to:

• existing outdoor car parks on 1 July 2023; and
• new car parks for which construction authorisation has been filed after 10 March 2023.

Timeline:

1. By 1 July 2026, all outdoor car parks with a surface area greater than 10,000 m² and car parks with a surface area of between 1,500 m² and 10,000 m² managed under concession or public service delegation must be covered by 50% with solar panels;
2. By 1 July 2028, all outdoor car parks with an area greater than 1,500 m² must be covered by 50% with solar panels.

Failure to comply with the obligation to install solar panels in outdoor car parks is sanctioned by financial penalties .

Obligation to apply a “green process” to new buildings, major renovations and extensions of existing buildings, sheds and covered car parks

Since 1 July 2023, new buildings shall integrate "either a renewable energy production process, or a vegetation system based on a cultivation method that only uses drinking water as a complement to recovered water"(i.e., the “Green Process”).

This obligation applies to the construction of buildings, sheds, public covered car parks, major renovations and extensions to existing buildings and the associated parking areas and must cover a minimum surface area at least equal to a proportion of the roof of the new or renovated building.

Similarly to the obligation to install charging stations, failure to comply with the obligation to integrate the Green Process into major renovations and extensions is subject to criminal and administrative penalties.