DPE: what the reform will really change for owners

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The DPE: as you know the news of recent weeks has highlighted the DPE, it evolved on July 1, becoming more readable and enforceable. What you may have remembered most is that the edition of the DPE was temporarily suspended as of September 24 for dwellings built before 1975, due to abnormal results detected on the energy labels. I reassure you the DPE can again be carried out by integrating a new method of calculation. It is the decree of October 8, which I am going to tell you about, which changed the calculation method and the procedures for establishing the Energy Performance Diagnosis. It incorporates several measures intended to correct the difficulties observed during the first weeks of implementation of the system, resulting in the suspension of certain new DPEs.

I will not go into the details of what it contains but we can say that this text entered into force on October 15 with, however, a transitional period until October 31 in order to leave time for software publishers to integrate modifications.

What to remember: with the reform of the Energy Performance Diagnosis since July 1, 2021,

It is a more reliable document:

• the DPE is based on the physical characteristics of the dwelling, such as the building, the quality of the insulation, the type of windows and the heating system (and no longer on the habits of the occupying household)
• 5 uses are taken into account to determine the classification (heating, domestic hot water, cooling + lighting + auxiliaries)

An opposable document : it engages the contractual liability of the seller or the lessor

A document that takes climate issues into account : the calculation of energy performance labels no longer depends only on the primary energy consumption of the home, but also includes a climate component, taking into account greenhouse gas emissions

A more readable document thanks to a new design

• The accommodation is classified according to a reference scale noted from A to G and represented by energy label. The letter corresponds to the worst consumption (primary energy / greenhouse gas emissions).

And above all with the climate and resilience law, a timetable imposing the compliance of housing by donors has been put in place.

A little reminder: 1January 1, 2018 (TECV law of 17.8.15) “LThe landlord is required to provide the tenant with decent accommodation that does not reveal any obvious risks that could endanger physical safety or health, (…) meeting a minimum energy performance criterion and equipped with elements making it suitable for residential use. (…) “

The decree of March 9, 2017 establishes minimum energy performance criteria:

• housing must be airtight
• the housing allows sufficient ventilation

Second stage: January 1, 2023 (Energy and Climate law of 8.11.19)

“The lessor is required to provide the lessee with decent accommodation (…) meeting a minimum energy performance criterion, defined by a maximum consumption threshold final energy per square meter and per year, (…)”

The decree of January 11, 2021 sets this maximum threshold:

“In mainland France, housing has an energy consumption, estimated by the Energy Performance Assessment (…) of less than 450 kilowatt-hours of final energy per square meter of living space and per year.”

This new requirement will apply to new rental contracts entered into as of January 1, 2023. Attention : landlords and tenants must not rely on the energy label of the new DPE, which corresponds to primary energy consumption and greenhouse gas emissions (and not to final energy).

Third stage: from 1 January 2025 (Climate and Resilience law of 22.8.21)

“The lessor is required to provide the lessee with decent accommodation (…) meeting a minimum level of performance within the meaning of Article L. 173-1-1 of the Construction and Housing Code (…)”

In metropolitan France, the level of performance of decent housing should be understood:
– from January 1, 2025: between classes A and F
– from January 1, 2028: between classes A and E

– from January 1, 2034: between classes A and D

In Guadeloupe, Martinique, Guyana, Reunion Island and Mayotte, to be decent, accommodation must be included:
– from January 1, 2028: between classes A and F
– from January 1, 2031: between classes A and E

• Ban on increasing rents for energy-inefficient housing

Areas for supervising the evolution of rents (decree of 27.7.17)

In these tense areas, the rents for dwellings whose primary energy consumption is greater than 331 kWh per square meter per year cannot be increased either when the property is re-let or when the lease is renewed.

Climate and Resilience Law:

• standardization of the rules for setting and changing rents for energy-intensive housing
• extension to the entire private rental stock
• For housing classified F or G, from August 22, 2022 (metropolitan area), it will no longer be possible:
• to apply a higher rent than that of the previous tenant
• to carry out the annual review of the rent during the lease
• propose an increase in rent when renewing the lease