The overhaul of the Energy Performance Diagnostic (DPE), due to come into force on 1 July 2021, is going to bring with it a raft of changes. While a good jumper would have been the best way to reduce our ecological footprint, it has to be said that this was not the legislator's choice, and that we are going to have to use a lot of primary energy to improve the thermal performance of France's housing stock.
Given the current legislation, we can already assume that the consequences of these new standards will greatly penalise certain properties, particularly those whose architecture makes external insulation impossible.
Two decrees issued on 17 December 2020 amended the regulations governing the DPE in the French Construction and Housing Code, with a view to meeting climate change targets and combating "thermal flaws".
The DPE is a document that specifies the amount of energy required for normal use of a building. A classification according to its performance makes it easier for buyers to compare. Alongside the energy class, consumers can also find a value for the greenhouse gases emitted by the property in question.
The two decrees published at the end of 2020 are designed to make the energy performance diagnosis more reliable (in particular by harmonising the different methods) and to encourage homeowners to carry out work.
The main change: enforceability
Far from being insignificant, the enforceability of the DPE is certainly the biggest change, as it alters the very essence of this diagnosis, which was initially purely informative.
The owner or lessor will be contractually liable for any incorrect information contained in an ECD. According to Housing Minister Emmanuelle Wargon, tenants or new owners will be able to "compare their actual consumption with the estimates provided by the DPE".
Building heating is an extremely complex science, and it is completely illusory to imagine a relevant DPE unless the diagnostician carries out a dynamic thermal study, which is impossible for two main reasons: firstly, the diagnostician does not necessarily have the necessary skills, and secondly, the seller would not be prepared to pay for such a study, which is around ten times more expensive than a conventional DPE.
It's hard to understand why a thermal document as unreliable as an ECD should be binding on the vendor. How can you be sure of an energy consumption figure without probing all the walls, for example, or entering an inaccessible attic space?
The seller will incur liability and may take legal action against the diagnostician, who may also be sued by the purchaser in the event of fault in drawing up the DPE. The Court of Cassation considers that the buyer can claim against the diagnostician for loss of opportunity to negotiate a lower price than that agreed. As with other diagnoses, it can be assumed that the diagnostician may be required to compensate the purchaser for any work that needs to be carried out to comply with the DPE.
The DPE and leases
Decree no. 2020-1818 of 30 December 2020 makes changes to certain rents conditional on the property's energy category. This means that rent increases can be blocked for properties with a primary energy consumption of 331 kilowatt hours per square metre per year or more.
In addition, Decree no. 2021-19 of 11 January 2021 includes the energy category in the concept of decent housing. According to the 1st article of the decree, which comes into force on 1 January 2023, homes with an energy consumption of less than 450 kilowatt-hours of final energy per square metre of living space per year will be considered decent.
When buying a rental property, buyers will need to be aware of the consequences of poor energy performance. Depending on its category, the property may no longer be let, or the rent may not be increased.
Changes to the content of the DPE
- Firstly, an indicator relating to renewable energy produced by permanently installed equipment and used in the building replaces the indicator relating to the quantity of renewable energy produced and consumed on site.
- Secondly, a number of new elements will have an impact on the building's classification. For energy consumption and greenhouse gases, altitude will be taken into account in addition to climate zone. Lighting and auxiliary consumption, such as ventilation, will also be added to energy use.
- Article R. 134-2 of the CCH will also have an impact on the recommendations to be made in the DPE. The diagnostician will have to accompany his recommendations with an estimate of their cost and effectiveness, while ensuring that they do not increase the quantity of greenhouse gas emissions linked to the annual quantity of energy consumed or estimated. It should be noted here that the recommendations will not be binding on the seller.
- Finally, a new indicator will be introduced into the DPE, which will take into account the building's ability to ensure comfort during the summer months.
The content of the new DPE will be further defined by decree.
Transmission of the DPE
A change that is mainly symbolic, the diagnostician will be required to provide the owner with a digital version of his or her report, as was previously the case for ADEME.
Property advertisements and the DPE
All advertisements, regardless of medium, will have to include three new items of information.
1) The first statement will consist of a letter indicating the building's climate classification.
2) A second statement will indicate the theoretical annual expenditure for all energy uses. This statement applies exclusively to residential buildings. Its size must be at least equal to that of the characters in the text of the advertisement and must be preceded by the heading "Estimated annual energy costs for standard use", specifying the reference year for the energy prices used to establish this estimate.
3) A third additional statement will appear for properties whose energy consumption exceeds the threshold of 330 kWh of primary energy per square metre per year. A decree will specify the content of this statement.
Validity of the DPE
DPEs drawn up :
- from 1 July 2021 will be valid for 10 years;
- between 1 January 2013 and 31 December 2017 will be valid until 31 December 2022;
- between 1 January 2018 and 30 June 2021 will be valid until 31 December 2024.
