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Decree Of 30 March 2009 On The Conditions For The Application Of Provisions Concerning Interest-Free Repayable Advances The Financing Of Renovation To Improve The Energy Performance Of The Old Dwellings

Original Language Title: Arrêté du 30 mars 2009 relatif aux conditions d'application de dispositions concernant les avances remboursables sans intérêt destinées au financement de travaux de rénovation afin d'améliorer la performance énergétique des logements anciens

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JORF no.0076 of 31 March 2009 page 5607
text No. 12



Order of March 30, 2009 on conditions for the application of provisions concerning non-interest refundable advances for the financing of renovation work in order to improve the energy performance of old dwellings

NOR: DEVU0903668A ELI: https://www.legifrance.gouv.fr/eli/arrete/2009/3/30/DEVU0903668A/jo/texte


Minister of State, Minister of Ecology, Energy, Sustainable Development and Land Management, Minister of Economy, Industry and Employment, Minister of Housing and Minister of Budget, Public Accounts and Public Service,
Given the construction and housing code, including its Articles R. 319-1 and following ;
Given the general code of territorial authorities, including its article R. 2224-17 ;
Considering Directive 98 / 34 / EC of 22 June 1998 providing for an information procedure in the field of technical standards and regulations;
Vu la Act No. 65-557 of 10 July 1965 establishing the status of co-ownership of built buildings;
See?13 June 2008 relative to the energy performance of existing surface buildings greater than 1,000 square meters, when they are undergoing major renovation work;
In view of the Order of August 8, 2008 approving the Th-C-E ex calculation method provided for by the Order of June 13, 2008 on the energy performance of existing surface buildings greater than 1,000 square metres, when they are undergoing major renovation work,
Stop:

Article 1 Learn more about this article...


The purpose of this Order is to specify the nature and technical characteristics of the energy saving work referred to in theArticle R. 319-16 of the Construction and Housing Code and the terms and conditions of justification to the credit institution referred to in Articles R. 319-19 and R. 319-20.

  • TITRE IER : COMBINAISONS D'ACTIONS D'AMELIORATION DE LA PERFORMANCE ENERGETIQUE Article 2 Learn more about this article...


    Energy performance improvement actions mentioned at the 1st of thearticle R. 319-16 are:
    (a) Thermal insulation works of roofs conforming to the requirements of Article 3;
    (b) The thermal insulation work of the walls giving on the outside conforming to the requirements of Article 4;
    (c) The thermal insulation work of the glass walls and doors leading to the exterior conforming to the requirements of Article 5;
    (d) The installation or replacement of heating systems, if any associated with economic and efficient ventilation systems, or the production of sanitary hot water conforming to the requirements of Article 6;
    (e) Installation of heating equipment using a renewable energy source in accordance with the requirements of Article 7;
    (f) Work on installation of sanitary hot water production equipment using a renewable energy source conforming to the requirements of Article 8.

    Article 3 Learn more about this article...


    The thermal insulation work of the roof shall implement one or more insulations with total thermal resistance R, as defined in Annex 2, and expressed in (m2.K)/W, greater than or equal to:
    5 (m2.K)/W, if the insulation is laid in lost combles floor;
    4 (m2.K)/W, if the insulation is laid in ramps of fitted rims;
    3 (m2.K)/W, if the insulation is placed in roof terrace.

    Article 4 Learn more about this article...


    The thermal insulation work of the walls facing the outside shall implement an insulator with thermal resistance R, defined in Annex 2, and expressed in (m2.K)/W, greater than or equal to 2.8 (m2.K)/W.

    Article 5 Learn more about this article...


    The thermal insulation work of the glass walls and doors facing the outside shall lead to the thermal insulation of the windows and possibly doors, in accordance with the following requirements.
    For glass walls:
    - replacement of windows facing the outside by windows with a Uw thermal transmission coefficient, defined in Annex 2, and expressed in W/(m2.K), less than or equal to 1.8 W/(m2.K);
    - or replacement of windows facing the outside by windows with closures with a Ujn thermal transmission coefficient, as defined in Annex 2, and expressed in W/(m2.K), less than or equal to 1.8 W/(m2.K);
    ― or laying dual-windows, consisting of laying on the existing bay of a second window with a Uw or Ujn thermal transmission coefficient if associated with a closure, defined in Annex 2 and expressed in W/(m2.K), less than or equal to 2 W/(m2.K).
    For doors:
    - replacement of doors to the outside by doors with a Uw coefficient less than or equal to 1.8 W/(m2.K);
    ― or realization of a sas on the outside consisting of laying in front of the existing door of a second door with a Uw or Ujn thermal transmission coefficient if associated with a closure, defined in Annex 2 and expressed in W/(m2.K), less than or equal to 2 W/(m2.K).

    Article 6 Learn more about this article...


    Work on the installation, regulation or replacement of efficient heating or hot water systems is carried out using one of the following solutions:
    - installation of a condensation fossil fuel boiler within the meaning of European Directive 92/42/EC, accompanied by a heating programming device;
    ― installation of a low temperature fossil fuel boiler within the meaning of European Directive 92/42/EC, accompanied by a heating programming device, only in dwellings located in a collective housing building justifying an inadequacy between the exhaust system of combustion products and the installation of condensation boiler;
    ∙ installation of a heat pump for COP heating greater than or equal to 3.3 within the meaning of Annex 2, and meeting the installation conditions set out in Annex 1, accompanied by a heating programming device;
    ∙ installation of a heat pump ensuring the heating and production of COP sanitary hot water in heating mode greater than or equal to 3.3 within the meaning of Annex 2, accompanied by a heating programming device.

    Article 7 Learn more about this article...


    The installation of heating equipment using a renewable energy source is carried out using one of the following solutions:
    - a Class 3 wood boiler within the meaning of Appendix 2, with a heating programming device;
    ― laying one or more wood stoves, closed fireplaces or interior chimney inserts of energy efficiency greater than or equal to 70%, as defined in Appendix 2.

    Article 8 Learn more about this article...


    The installation of sanitary hot water production equipment using a renewable energy source is the installation of a sanitary hot water production system using solar energy and equipped with solar sensors with a CSTBât or Solar Keymark or equivalent certification.

  • TITRE II : TRAVAUX D'ECONOMIES D'ENERGIE PERMETTANT D'ATTEINDRE UNE PERFORMANCE GLOBALE MINIMALE Article 9 Learn more about this article...


    This title is applicable to energy saving work carried out in existing buildings whose completion date is after January 1, 1948.

    Article 10 Learn more about this article...


    Energy consumption referred to in 2° of theArticle R. 319-16 of the Construction and Housing Code is conventional primary energy consumption for heating, sanitary hot water, cooling, lighting and auxiliaries, as defined in thearticle 9 of the above-mentioned decision of 13 June 2008.

    Article 11 Learn more about this article...

    To benefit from the refundable advance under the conditions set out in 2° of thearticle R. 319-16, the borrower justifies a conventional consumption of primary energy of the renovated building less than or equal to a value in kWh/m2/year of primary energy expressed in the form:
    150* (a + b) if the building has conventional primary energy consumption before work greater than or equal to 180* (a + b) kWh/m2/year;
    80* (a + b) if the building has conventional primary energy consumption before work less than 180* (a + b) kWh/m2/year.
    The area under review is the non-clean surface of the building. The value of the coefficient "a" is given in the table below according to the climatic zones defined in the above-mentioned decision of 13 June 2008.

    CLIMATIC ZONES
    COEFFICIENT
    H1-a, H1-b
    1, 3
    H1-c
    1, 2
    H2-a
    1, 1
    H2-b
    1
    H2-c, H2-d
    0, 9
    H3
    0, 8

    The value of the coefficient b is given in the table below, depending on the altitude of the construction base.

    ALTITUDE
    COEFFICIENT b
    ≤ 400 m
    0
    400 m and ≤ 800 m
    0, 1
    800 m
    0, 2

  • TITRE IV : JUSTIFICATIONS APPORTS BY THE OVERVIEW OF CREDIT Article 13 Learn more about this article...


    The justifications provided forArticle R. 319-19 in support of the loan application shall be provided by the borrower to the credit facility as set out in Appendix 3 to this Order.
    The borrower certifies the accuracy of the stated information and recognizes its obligations under the non-interest refundable advance. In addition, it provides information on the amount and duration of the advance it requests under the provisions of the Articles R. 319-5 and R. 319-8.
    Companies performing the work or, where applicable, the co-ownership trustee for the only forecast amount returning to the housing fill out this form in the fields provided for this purpose by specifying:
    the name of the company;
    the name of the signatory;
    – the company's RM, RCS or SIREN number;
    ― mention of the company's insurance;
    ― description and performance of installed works or equipment;
    – the forecast amount for the housing of this work, for the supply and for the labour force.
    The companies shall apply the form and certify the honour that the equipment, equipment and materials covered by the attestation comply with the conditions set out in this Order.
    In addition, in the cases provided for under Part II of this Order, the intervener who has made the calculation of the energy consumption of the building mentions:
    the name of the intervener;
    the name of the signatory;
    – the company's RM, RCS or SIREN number;
    ― mention of the company's insurance;
    – the calculated conventional energy consumption values and the detailed description of the work to achieve this consumption.
    The intervener aims at the form and certifies on the honour that the indicated conventional energy consumption values are accurate and that the work described makes it possible to achieve the stated performance.
    In the event of an intervention by an architect or master of work, the architect certifies that the planned work meets the eligibility criteria set out in this Order.

    Article 14 Learn more about this article...


    The justifications provided forarticle R. 319-20 which allow for the effective realization of the work shall be provided by the borrower to the credit facility according to the model given in Appendix 4 to this Order within the time provided for in this Article.
    The borrower certifies the accuracy of the stated information and recognizes its obligations under the non-interest refundable advance. In addition, it attests to the amount and duration of the advance that it has actually benefited.
    Companies that have completed the work or, where applicable, the co-ownership trustee for the only amount returning to the housing shall complete this form in the fields provided for this purpose by specifying:
    the name of the company;
    the name of the signatory;
    – the company's RM, RCS or SIREN number;
    ― mention of the company's insurance;
    ― description and performance of installed works or equipment;
    – the amount returning to the housing of this work, for the supply and for the workforce.
    The companies shall apply the form and certify the honour that the equipment, equipment and materials covered by the attestation comply with the conditions set out in this Order.
    In addition, in the cases provided for under Part II of this Order, and if the nature or thermal characteristics of the work actually carried out differ from those provided at the time of application of the loan on the basis of the quotes, the intervener having made the calculation of the energy consumption of the building mentions:
    the name of the intervener;
    the name of the signatory;
    – the company's RM, RCS or SIREN number;
    ― mention of the company's insurance;
    – the conventional energy consumption values calculated for actual work.
    The intervener aims at the form and certifies on the honour that the indicated conventional energy consumption values are accurate and that the work carried out has achieved the indicated performance.
    In the event of an intervention by an architect or master of work, the architect certifies that the work performed meets the eligibility criteria set out in this Order.

    Article 15 Learn more about this article...


    The Director General of Energy and Climate, the Director General of the Treasury and Economic Policy, the Director of Habitat, Urban Planning and Landscape and the Director of the Budget are responsible, each with respect to it, for the execution of this Order, which will be published in the Official Journal of the French Republic.

  • Annex

    A N N E X E S


    Annex 1


    SPECIAL INSTALLATION CONDITIONS
    AIR/AIR TYPE POMPES


    The air/air heat pumps referred to in Article 6 shall be installed under the following conditions:
    ― the unit, centralized on one or more external units, ensures heating of the parts composing the housing as mentioned in theArticle R. 111-10 of the Construction and Housing Code, provided that their area is at least 8 m2. Service rooms, such as those for the exclusive use of kitchens, toilets or bathrooms, are not considered;
    ― each equipped room must have its own automatic control organ, regardless of the principle of diffusion chosen;
    ― the normal operation of the equipment is guaranteed by the manufacturer at an outside temperature of ―15 °C;
    ― the thermodynamic heating power returned from the outer unit is greater than or equal to 5 kW at an external temperature of 7 °C. In the event of simultaneous installation of several external units, this condition must be met by at least one of them.



    Annex 2


    EVALUATION OF ENERGY PERFORMANCE
    OF EQUIPMENTS AND OPERATION


    1. Thermal insulation materials

    The thermal resistance of the insulation referred to in sections 3 and 4 is determined from the thermal resistance declared under the CE or certified mark (ACERMI or equivalent) by reducing the insulation by:
    0% if the insulation is continuous (not interrupted or compressed to more than 50% of its thickness, by fixing devices);
    15% if the insulation is penetrated by ad hoc fixation devices;
    20% if the insulation is interrupted, or compressed to more than 50% of its thickness, by non-metallic linear frames;
    50% if the insulation is interrupted or compressed to more than 50% of its thickness by linear metal frames.
    Reductions in thermal resistance, related to degradation, are cumulative.
    If the wall is isolated by stacking different layers of insulation, the total resistance is obtained by adding the corresponding resistances, after possible minoration.

    2. Glasses and doors overlooking the outside

    The Uw coefficient referred to in Article 5 is determined from the NF EN ISO 10077, Parts 1 or 2.
    Uw values declared under CE marking or certified (ACOTHERM or equivalent) can be used.
    The Ujn coefficient referred to in Article 5 is determined from the following expression:
    Ujn = (Uw + Usw)/2
    where Usw is the thermal transmission coefficient of the window with its closure, calculated according to NF EN ISO 10077-1.

    3. Heating systems

    1. The COP of heat pumps to be considered for compliance with the requirements set out in Article 6 is assessed under the following conditions:
    - for geothermal heat pumps with refrigerant fluid sensor type soil-soil or water-ground, for an evaporation temperature of 5 °C and a condensation temperature of 35 °C;
    - for geothermal heat pumps of type glycol/water water, for temperatures of inlet and outlet of glycole water of 0 °C and ―3 °C to the evaporator, and temperatures of inlet and outflow of water of 30 °C and 35 °C to the condenser, according to the reference of the test standard NF EN 14511-2;
    - for water/water geothermal heat pumps, for inlet and outlet temperatures of 10 °C and 7 °C of water at the evaporator, and 30 °C and 35 °C at the condenser, according to the reference standard NF EN 14511-2;
    - for air/water heat pumps, for an air inlet temperature of 7 °C to the evaporator, and water inlet and outlet temperatures of 30 °C and 35 °C to the condenser, according to the test standard NF EN 14511-2;
    ― for air/air heat pumps, for an air inlet temperature of 7 °C to the evaporator and 20 °C to the capacitor, according to the standard of test NF EN 14511-2.
    2. The wood boilers referred to in Article 7 are Class 3 within the meaning of NF EN 303-5.
    3. The energy efficiency of wood stoves, closed fireplaces or interior fireplace inserts referred to in section 7 shall be assessed according to NF EN 13240, NF D 35376, NF EN 14785 or EN 15250.


    ANNEXES 3 AND 4


    You can consult Annexes 3 and 4, not reproduced below, by clicking on the " facsimile" link at the bottom of this page


Done in Paris, March 30, 2009.


Minister of State, Minister of Ecology,

of energy, sustainable development

and landscaping,

Jean-Louis Borloo

Minister of Economy,

industry and employment,

Christine Lagarde

The Minister of Housing,

Christine Boutin

Minister of Budget, Public Accounts

and the Public Service,

Eric Woerth


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