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Decree Of 23 November 2009 Relating To The Contribution Of The Tenant To The Sharing Of Savings From Expenses Of The Energy-Saving Work By A Private Landlord

Original Language Title: Arrêté du 23 novembre 2009 relatif à la contribution du locataire au partage des économies de charges issues des travaux d'économie d'énergie réalisés par un bailleur privé

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JORF n°0273 of 25 November 2009 page 20238
text No. 21



Judgment of 23 November 2009 on the tenant's contribution to the sharing of the cost savings from the energy saving work carried out by a private lessor

NOR: DEVU0925487A ELI: https://www.legifrance.gouv.fr/eli/arrete/2009/11/23/DEVU0925487A/jo/texte


Minister of State, Minister of Ecology, Energy, Sustainable Development and the Sea, responsible for green technologies and climate negotiations,
In light of Act No. 89-462 of 6 July 1989 on improving rental relations and amending Act No. 86-1290 of 23 December 1986, in particular its Law No. 86-1290 of 23 December 1986 article 23-1 ;
Vu le Decree No. 2009-1439 of 23 November 2009 taken pursuant to Article 23-1 of Law No. 89-462 of 6 July 1989 to improve rental relationships, relating to the tenant's contribution to the sharing of expenses resulting from the energy saving work carried out by a private lessor;
Considering the decision of 9 November 2006 approving various methods of calculation for the diagnosis of energy performance;
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;
See?arrested on 8 August 2008 approving the Th-C-E ex calculation method set out in the June 13, 2008 Energy Performance Order for existing surface buildings greater than 1,000 square metres, when undergoing major renovation work,
Stop it!

  • TITRE IER : GENERALITES Article 1 Learn more about this article...


    A tenant's contribution to the sharing of expense savings can be requested to finance:
    1. Either a combination of at least two measures to improve the energy performance of the housing or the building concerned as specified in Article 3 of this Order;
    2. Either a set of works to reduce the energy consumption of the building for heating, ventilation, production of sanitary hot water, cooling and lighting of the premises below a threshold defined in Article 12 of this Order.

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


    This title applies to energy saving work carried out in any existing building whose completion date is prior to January 1, 1990.

    Article 3 Learn more about this article...


    The actions to improve energy performance referred to in 1 of Article 1 of this Order are:
    (a) Thermal insulation works of roofs conforming to the requirements of Article 4;
    (b) The thermal insulation work of the walls giving on the outside conforming to the requirements of Article 5;
    (c) The thermal insulation work of the glass walls and doors leading to the exterior conforming to the requirements of Article 6;
    (d) The replacement of heating systems, if any associated with economic and efficient ventilation systems, or replacement of sanitary hot water production systems in accordance with the requirements of Article 7;
    (e) Installation of heating equipment using a renewable energy source in accordance with the requirements of Article 8;
    (f) Work on installation of sanitary hot water production equipment using a renewable energy source conforming to the requirements of Article 9.

    Article 4 Learn more about this article...


    The thermal insulation work of the roof shall implement one or more insulation(s) with total thermal resistance R, expressed in (m2.K)/W, greater than or equal to:
    5 (m2.K)/W, if insulation is laid in lost combles;
    4 (m2.K)/W, if the insulation is laid in fitted-ups;
    3 (m2.K)/W, if the insulation is placed in roof terrace.

    Article 5 Learn more about this article...


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

    Article 6 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 on the outside by windows with a Uw thermal transmission coefficient expressed in W/(m2.K), less than or equal to 1.8 W/(m2.K);
    - or replacement of windows on the outside by windows with closures with a Ujn thermal transmission coefficient 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 a second window with a Uw or Ujn thermal transmission coefficient if associated with a W/(m2.K) closure, 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 expressed in W/(m2.K), less than or equal to 2 W/(m2.K).

    Article 7 Learn more about this article...


    Work on regulating or replacing 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 ensuring the heating of COPs greater than or equal to 3.3, 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, accompanied by a heating programming device.

    Article 8 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 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%.

    Article 9 Learn more about this article...


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

  • TITRE III : TRAVAUX D'ECONOMIE D'ENERGIE PERMETTANT D'ATTEINDRE UNE PERFORMANCE GLOBALE MINIMALE Article 10 Learn more about this article...


    This title applies to energy-saving work carried out in any existing building with a completion date between January 1, 1948 and December 31, 1989.

    Article 11 Learn more about this article...


    The energy consumption referred to in 2 of Article 1 of this Order is the conventional consumption of primary energy for heating, ventilation, production of sanitary hot water, cooling and lighting of the premises, as defined in Article 9 of the aforementioned Order of 13 June 2008.

    Article 12 Learn more about this article...

    To obtain his tenant's contribution to the sharing of the load economy under the conditions provided for in 2 of Article 1 of this Order, the lessor justifies a conventional consumption of primary energy of the renovated building for heating, ventilation, production of sanitary hot water, cooling and lighting of the premises less than or equal to a value in kWh/m2.an of primary energy which is expressed in the following 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.an.
    The area under review is the non-clean surface of the building. The value of the coefficient "a" is specified 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 specified in the table below, depending on the elevation of the construction base.

    ALTITUDE
    COEFFICIENT b
    ≤ 400 metres
    0
    400 metres and 800 metres
    0.1
    800 metres
    0.2

  • TITRE IV : MODALITES D'EVALUATION DE LA CONTRIBUTION DU LOCATAIRE Article 13 Learn more about this article...


    At the end of the completion, in buildings completed before 1 January 1948, of energy saving works in accordance with Part II of this Order, the lessor may apply to its tenant a fixed and non-revisable monthly lump sum contribution of:
    10 euros for housing with a main room;
    15 euros for housing comprising two or three main rooms;
    20 euros for housing comprising four main and more rooms.
    The amounts of these packages may be updated by order every three years based on the evolution of the Rent Review Index (LRI). These new packages will only apply to energy efficiency work carried out after the date of publication of the Amending Order. In the event of the loss of the Rent Reference Index, it will automatically be replaced by the index that succeeds and designated as such.

    Article 14 Learn more about this article...


    Following the completion of energy saving work in accordance with Part II or III of this Order, in buildings completed after January 1, 1948, the lessor may request a fixed and non-revisable monthly contribution calculated as:
    1° Based on an estimate of the monthly energy saving in euros calculated from the Th-C-E ex method mentioned in the above-mentioned August 8, 2008. The terms and conditions for calculating the energy economy and the tenant's contribution are specified in 1° of Appendix 1 to this Order.
    2° Based on an estimate of the monthly energy saving in euros calculated from one of the regulatory methods set out in the above-mentioned Order of November 9, 2006. The terms and conditions for calculating the energy economy and the tenant's contribution are specified in 2° of Appendix 1 to this Order.

    Article 15 Learn more about this article...


    However, and by derogation from section 14, where the lessor does not hold more than three rental units in the property, the amount of the monthly contribution may be fixed in a flat, fixed and non-revisable manner, amounting to:
    10 euros for housing with a main room;
    15 euros for housing comprising two or three main rooms;
    20 euros for housing comprising four main and more rooms.
    The amounts of these packages may be updated by order every three years based on the evolution of the Rent Review Index (LRI). These new packages will only apply to energy efficiency work carried out after the date of publication of the Amending Order. In the event of the loss of the Rent Reference Index, it will automatically be replaced by the index that succeeds and designated as such.

  • TEMTER V: ATTESTATIONS ADOPTED BY THE BAILLEUR FOR THE CONTROL OF THE EFFECTIVE REALIZATION OF WORK Article 16 Learn more about this article...


    The certificates to be provided for the control of the actual completion of the work shall be transmitted by the lessee to the lessee after the completion of the work according to the form model given in Annex 3 to this Order.
    The lessor certifies in Form A the accuracy of the information in the form and that the work carried out effectively allows the lessee to require a contribution.
    In the case set out in Part II of this Order, the company having carried out the work or master of work or the organization that has issued the certification of the building or a control office shall complete Framework B of the 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;
    ― the description and performance of works or equipment installed if it is energy saving work;
    the amount of this work.
    He or she applies the form and certifies on the honour that equipment, equipment and materials comply with the conditions set out in this Order.
    In the case set out in Title III, the company having carried out the work or master's work or the organization that has issued the certification of the building or a control office shall complete Framework C of the 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;
    ― the description and performance of works or equipment installed if it is energy saving work;
    the amount of this work.
    He or she applies the form and certifies on the honour that equipment, equipment and materials comply with the conditions set out in this Order.
    In addition, the informant who made the calculation referred to in C of the form:
    the name of the company;
    the name of the signatory;
    – the company's RM, RCS or SIREN number;
    ― mention of the company's insurance;
    the calculation method used;
    – the values of conventional energy consumption calculated for actual work;
    the detailed description of the work to be carried out to achieve this consumption;
    ― the value in euros of the estimated energy saving from the energy price set out in Annex 2 to this Order.
    The intervener aims at the form and certifies on the exact honor the values of conventional energy consumption indicated, and that the work carried out has achieved the performance indicated.
    In addition, the lessor shall make available to the tenants or, where applicable, to the tenants' associations present in the property concerned by the work the invoices of the energy performance improvement work carried out in accordance with this Order, during the month following that of completion of the work.

    Article 17 Learn more about this article...


    The Director of Habitat, Urban Planning and Landscapes and the Director General of Energy and Climate 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.



    For the Minister and by delegation:

  • Annex

    You can consult annexes 1 to 3, not reproduced below, in
    Click on the "Facsimile" link at the bottom of this page


Done in Paris, November 23, 2009.


Director General

energy and climate,

P.-F. Chevet

The Habitat Director,

urban planning and landscapes,

E. Crépon


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