Climate and resilience and photovoltaic law: 3 -point regulations

These regulatory adjustments will apply according to a rigorous calendar:

• From 1 January 2023: The new commercial, industrial, artisan or warehouses and hangar buildings over 500 m2 and office buildings above 1000 m2 will have to vegetate or solarize 30 % of their surface.
• From 1 January 2024, The new parking lots of over 500 m2 will have to vegetate or solarize 50 % of their surface and 100 % of the shades as long as it exists.

An obligation, really? If the obligation to equip itself played as an annoying condition for construction projects during its initiation in 2019, it is not. On the contrary, behind its primary objective of making you take part in the energy transition, you may be surprised to find a new profitable opportunity: that of photovoltaic electricity production! If the agricultural sector has taken place first in this activity, it is truly from the arrival of this «obligation to equip themselves» that different investors who direct the companies or supermarkets will have a taste. Because yes, it is clear that equipping a building with photovoltaic solar panels is a profitable investment. It is also an investment that self-provocate to allow you to generate income later! In a strategy of diversification and/or sustainability, photovoltaics has therefore become a safe bet.

2. The list of buildings concerned – climate and resilience law

To apply this law, the building in question must:

• or one New office building of over 1000 m² on the ground
• Or a New construction of over 500 m² of land handle : storage or hangar and industrial, commercial, craft buildings …
• Or a Extension of over 500 m2 of ground socket
• requires obtaining a construction permit
• does not necessarily require a Commercial operational authorization
• represent Over 1000 m² of land (Thickness of the walls, auxiliary structures and parking areas included)

Here is a list of standard buildings that are worried:

Define «land on the ground»: The imprint includes the thickness of the walls, auxiliary structures and parking areas. Therefore, if your project to be built is worried, you will have to take into account the new urban planning measures Risk of refusing to obtain construction permit. What if my building already exists? The law on energy and climate, which can be considered the older sister of the climate and resilience law, is already underway. In this sense, no improvement will be requested for a building built before 9 November 2019. On the other hand, Any extension project or a new construction that requires obtaining a construction permit after this date is worried.

3. Derogations for photovoltaic installation – Law climate and resilience

The climate and resilience law also arrives with its share of deroghi in favor of photovoltaics. Sometimes annoying, sometimes accommodating, these have a common point: inevitably involve Changes within the urban planning code. He doesn’t look anymore, we identified them for you!

1. Photovoltaic installation derogation on the desolate land in coastal areas

In a new decree, a list of desolate and degraded types of land will soon be trained on which it will be possible to see the installation of solar plants. It will allow in particular to protected areas so rich in solutions pursuant to the coastal law, but also unused careers or old exhausts. It is article L.121-12-1 which now defines its application, but in particular the conditions to be satisfied to benefit from a derogation. Or, the investigation into the authorization request must be based on an incidence studio conducted by a customer to demonstrate:

• that his project meets the public interest better than a project that promotes the rebirth of said site
• that it is not likely that they damage the environment and/or landscapes
• that no damage to health or public safety (in normal or accident) is identified

If the project in question satisfies all these requests and obtains the agreement of the state administrative authority of the State (with the opinion of the Departmental Commission of nature, landscapes and sites), then it can receive a derogation.

2. Derogation of electrical power plants not classified as artificialization

The installations of solar power plants on the ground no longer fall into the calculation of artificial lands (as regards the slowdown of the artificialization). It is therefore possible to opt for this type of project rather than for an economic or housing project. Here, it is articles 49 of the climate and resilience law which states this new derogation: in 1st bis of this III, it is said that a natural and/or agricultural area occupied by an installation producing photovoltaic Energy would not be counted in the consumeation of natural, forest or agricultural area are The Moment When It Does Not Last Affect The Ecological Functions of the Soil (Biological, Climate, Climate, Climate Agronomic). In this case, the installation would not be compatible and could not obtain an exemption.

3. Delighting the opening of storage offers in continental France

Previously reserved only for the territories of the island, requests for energy accumulation in metropolitan France appear with the climate and resilience law. These will allow the development of the electricity storage sector in the general territory thanks to a new legal framework. These offers are supervised by the energy code and concern all storage projects whose electricity must also be produced in the metropolitan territory. This derogation is governed by article L.352-1 of the Energy Code.