Circular economy, energy, renovation, housing... changes and entry into force on January 1, 2023

Better consumption, better production

For individuals :

End of disposable tableware in fast food restaurants for meals eaten on site:

Disposable tableware is prohibited from January 1, 2023 in fast food establishments, for everything consumed on site: meals will now be served in washable and reusable tableware. This concerns brands serving more than 20 covers simultaneously.

Implementation of in-store take-back of used products for toys, sports and leisure items, as well as DIY and gardening items:

Consumers will now be able to drop off their used or broken products directly in the store, at specific collection terminals made available. They can thus be repaired to have a second life or will otherwise be recycled.

Collection of all plastic packaging waste in the yellow bin:

All French people in Metropolitan France will now be able to sort plastic packaging in the yellow bin so that it can be recycled.

For professionals :

Availability of spare parts for at least 5 years to extend product repair time:

Spare parts for household appliances, small IT and telecommunications equipment, screens and monitors, motorized DIY and gardening tools (drills, lawnmowers, etc.), sports and leisure items, including bicycles, electrically assisted bicycles and motorized personal transport vehicles, must be available for at least 5 years. This measure will extend the repair time of these products.

The carpets or rugs used in the context of events (such as trade shows) integrate the REP sector of furnishing elements:

This will now allow them to be collected, reused and recycled. Remember that in France, the equivalent of a Lille-Marseille carpet road is thrown away every year.

Obligation for industrial sites handling plastic granules to equip themselves with filters to fight against plastic pollution:

The anti-waste law provides for the obligation for sites handling industrial plastic pellets to equip themselves with equipment and procedures to prevent leakage of plastic pellets into the environment, and to be subject to regular inspections by independent certified bodies. This provision comes into force on January 1, 2023 for sites whose operation started before 2021.

Start of the new EPR sector for building waste:

As of January 1, 2023, recycling centers that collect building waste and construction companies will be able to ask one of the eco-organizations approved for this new sector to take charge of building waste free of charge. The network of free building waste collection points will be extended throughout 2023. Waste can thus be reused or recycled.

Better accommodation

For individuals :

Revaluation of personal housing assistance (APL)

As of January 1, 2023, personal housing assistance (APL) will be increased. This is a revaluation of the resource parameter R0 (level of resources below which the aid is maximum), in accordance with Article D. 823-17 of the Construction and Housing Code (revaluation to the IPCHT - Consumer price index excluding tobacco, the level of which is higher than the 4% applied in July by decree no. 2022-1096 of July 29, 2022).

In addition, to meet the demand of overseas communities, the cap of 6 dependents in the scale for calculating overseas aid will be removed.

Increase in the rent ceilings of the “Loc’Avantages” tax reduction scheme

The rent ceilings of the "Loc'Avantages" tax reduction scheme will be increased in 2023 by the change in the reference rent index (IRL) calculated between the values ​​of the second quarters of 2021 and 2022, i.e. a significant increase of + 3,60%.

Revision of the ceilings governing social rental housing and social home ownership

On 1 January 2023, the ceilings governing social rental housing and social home ownership will be increased to take inflation and changes in construction costs into account. These upgrades, which aim in particular to guarantee adequate social targeting of these housing support schemes, will concern:

• the resource ceilings for eligibility for social rental housing (PLAI, PLUS, PLS) throughout the country;
• the resource and acquisition price ceilings for the PSLA and the BRS;
• the rent ceilings for the rental phase of the PSLA.

Revision of resource ceilings called "ANAH"

The so-called “ANAH” resource ceilings for low-income and very low-income households will be revised by 6,3% for 2023 compared to 2022 in order to incorporate the impact of inflation observed in 2022. These resource ceilings are also taken into account to check eligibility for aid from the ANAH - National Housing Agency (MaPrimeRénov' Sérénité, MaPrimeRénov' Copropriétés, Habitat indigne), the MaPrimeRénov' system, CEEs (Energy saving certificates) energy insecurity, the guarantee scheme for coverage of remaining costs for the most modest (FGRE) such as the Eco-loan at zero rate (eco-PTZ) and the Advance Renovation loan (PAR).

Start of the “MonAccompagnateurRenov” system

Compulsory support for households during energy renovations of private housing will be implemented from 1 January 2023 and will initially concern renovations for which MaPrimeRénov' Sérénité (MPRS) aid will be mobilized.

Decent housing: changing criteria

The Climate & Resilience law called for the introduction of a minimum energy performance criterion in the definition of "decent housing". From January 1, 2023, a dwelling will be qualified as energy decent when its energy consumption (heating, lighting, hot water, ventilation, cooling, etc.), estimated by the DPE and expressed in final energy per square meter of surface living space and per year, will be less than 450 kWh/m2 in mainland France.

The most energy-intensive dwellings, whose energy consumption exceeds this value, can no longer be offered for rental.

Move better

For individuals :

National daily carpooling plan: A bonus of €100 for first-time drivers

From January 2023, drivers who embark on short-distance carpooling will receive a bonus of €100, paid by carpooling platforms, in the form of a progressive payment: a first part of the 1st carpool (minimum €25 ) and the rest to the 10th carpool, within 3 months of his first carpool.

Support for carpoolers in addition to communities on the principle of €1 from the State for €1 from the community

The Government will also support carpooling over the long term by financing half of the financial incentive offered by certain local authorities to drivers and passengers on the basis of the principle of €1 from the State for €1 from the local authority. This will encourage more communities to launch such schemes and those that are already doing so to continue them.

Extension and strengthening of aid for the purchase of bicycles

In order to promote the equipment of households and in particular the most precarious, aid for the purchase of bicycles (bonus and bonus for conversion) has been reinforced from August 15 to December 31, 2022. This aid will be extended to the whole of the year 2023.

In addition, to support a larger number of French people in the purchase of bicycles, the eligibility thresholds will be raised, from January 1, 2023, to cover 50% of the poorest households (benchmark tax income per share lower at €14.089, compared to €13.489 currently) and 20% for enhanced aid (tax income per share lower than €6.358 compared to €6.300 currently).

The ecological bonus for the acquisition of a new electric vehicle

From 1 January 2023, the ecological bonus for the acquisition of a new vehicle will be reserved for electric passenger cars with an acquisition cost of less than 47.000 euros and a mass of less than 2,4 tonnes, and electric vans . The amount of aid may be up to 5.000 euros for the acquisition of a car and 6.000 euros for a van. As announced by the President of the Republic at the Paris Motor Show, these aid amounts will be increased by 2.000 euros for households whose reference income per unit is less than 14.089 euros (i.e. 50% of households), i.e. a maximum aid of 7.000 euros for the acquisition of a car and 8.000 euros for a van.

Regarding the conversion bonus, it will be reserved for households whose reference income per unit is less than 22.983 euros (i.e. 80% of households). Its amount will be increased for households in the first two income deciles (RFR/share less than €6.358) and for households in the first five income deciles and high rollers (RFR/share less than €14.089) for whom the premium may reach up to 6.000 euros for the acquisition of a car and 10.000 euros for the acquisition of a van. In addition, the amount of the premium will be increased by 1.000 euros in the ZFE and up to 3.000 euros if a local authority grants aid of the same nature in the ZFE.

For professionals :

The sustainable mobility package (FMD)

Throughout the public service, the FMD will increase on January 1, 2023 from €200 to €300.
In addition, the extension of the FMD to personal transport vehicles, motorized and non-motorized, to shared mobility services, and the possibility of combining this package with the partial reimbursement of a public transport subscription will be possible retroactively. on September 1 for the State and hospital civil service, and applicable on January 1 for the territorial civil service.

Entry into force of the new system on aerial data capture

On January 1, 2023, decree no. 2022-1397 of November 2, 2022 comes into force implementing article L. 6224-1 of the transport code relating to the regime governing the capture and processing of data collected from an aircraft in certain areas. These provisions materialize the overhaul, modernization and simplification of the current provisions relating to areas prohibited from aerial photography. The authorization regimes for shooting outside the visible spectrum and the prior declaration for shooting in the field of the visible spectrum are abolished. There remains an authorization regime for shooting areas identified as particularly sensitive from the point of view of defense or national security.

Better protect our health

Outdoor air quality

Several low emission zones are reinforced on January 1, 2023:

• Montpellier: strengthening of traffic restrictions in the ZFE-m: Crit'air 5 and unclassified vehicles are now concerned, Crit'air 4 and above for light utility vehicles and heavy goods vehicles;
• Nice: entry into force of traffic restrictions in the ZFE-m for Crit'air 5 (light vehicles and light utility vehicles), and Crit'air 4 and above for heavy goods vehicles;
• Reims: entry into force of traffic restrictions in the ZFE-m for Crit'air 4 and more;
• Strasbourg: continued restrictions for Crit'air 5 and unclassified vehicles.

The price of the Crit'Air vignette will increase from €3,70 to €3,72 including postage for shipment to France.

Indoor air quality: a new monitoring device

The indoor air monitoring system in establishments open to the public (ERP) is revised as part of the fourth National Environmental Health Plan. Integrating the achievements of the Covid-19 crisis, this revision has made the monitoring of indoor air quality (IAQ) more complete and adapted while facilitating its appropriation by the actors concerned. The revised system now consists of the following four components:

• an annual evaluation of the means of ventilation of the buildings including in particular a direct reading measurement of the concentration of carbon dioxide in the indoor air;
• a self-diagnosis of IAQ, carried out at least every four years;
• a campaign to measure regulatory pollutants carried out at each key stage in the life of the building that can impact IAQ;
• a regularly updated action plan, proposing corrective actions to be implemented in order to improve the IAQ, taking into account the monitoring results.

Implementation of noise indicators in rail transport

The decree of September 29, 2022 taken pursuant to article 90 of law n ° 2019-1428 of December 24, 2019 on the orientation of mobility follows three opinions of the National Noise Council issued since the adoption of the law . This order provides for the establishment of indicators of annoyance due to the suddenness, repetitiveness and intensity of noise from rail transport infrastructure. The decree specifies the applicable procedures for assessing the noise pollution of rail transport infrastructures during an observation period of 6 months between November 1, 2022 and April 30, 2023 for a representative panel of existing infrastructures, and for two years. and a half from 1 May 2023 for any new rail infrastructure.

Better prevent risks, better adapt

For individuals :

Decree No. 2022-1289 of October 1, 2022 relating to the information of buyers and tenants on the risks

The information of buyers and tenants (IAL) is part of the mandatory real estate diagnoses that owners must send to future buyers or tenants. A statement of the risks must appear in the technical diagnostic file appended to the promise and the deed of sale or the rental lease.

From January 1, 2023, this information system is changing: before buying or renting a property, you will thus be better informed of the risks to which this property is exposed.

• as soon as the property is advertised, the buyer or tenant can find out about these risks by going to the georisques.gouv.fr site;
• the statement of risks will be given from the first visit to the property and no longer at the time of the finalization of the transaction.

In addition, the state of risks now includes the phenomenon of shoreline retreat: the buyer or tenant will therefore know if the property is subject to this phenomenon when the municipality is concerned.

For real estate professionals, their obligations are changing:

• the real estate advertisement, whatever its medium, must include the following statement: “Information on the risks to which this property is exposed is available on the Georisques site: www.georisques.gouv.fr”
• the risk report must be submitted on the first visit and updated as necessary during the following phases of the transaction.

In the field of polluted sites and soils (sectors of information on soils)

Changes for sellers and lessors:

• obligation to send an information document on soil pollution, the content of which complies with R. 125-26 of the Environment Code (this content was not defined until then),
• obligation to append this document from the promise of sale (or to the preliminary contract in the event of sale in the future state of completion), and not only to the authentic deed, as previously.

For Professionals

Management of polluted sites and soils: publication of the decree relating to the definition of types of use in the management of polluted sites and soils

Changes for operators: Obligation to define the future use of the site at the time when the classified installation will be permanently shut down, for authorization applications submitted after 1 January 2023 and shutdowns notified after this date (for reminder the use is determined in consultation with the mayors or the presidents of EPCI competent in terms of town planning, and the owners of land)

Developments for project leaders:

• Since the ALUR law, a project leader who wishes to set up a new activity with a change of use on a former installation classified for the environment (ICPE), must call on a design office which will certify or not the need to clean up the site. The factor triggering this obligation, namely a change of use, is specified in this decree and will apply in this context for all building permits, development permits or all prior requests for work submitted from January 1, 2023. .
• Obligation for project owners of projects involving the use of sensitive populations (young children, pregnant women, elderly, fragile) to send the certificate provided for in Articles L. 556-1 and L. 556-2 of the environmental code (known as ATTES-ALUR) to the Regional Health Agency, and, if the site is a site that has hosted an industrial installation, to the inspection of classified installations. The objective is to inform the State services as far in advance as possible so that they are able to react in the event of projects likely to present risks to the health of the populations intended to frequent these establishments.

Following the fire at Lubrizol and Normandie Logistique in September 2019 in Rouen, several measures will come into force from January 1 to improve risk management at industrial sites already in operation in order to guarantee the safety of local residents living around these sites. sites, as well as the preservation of the environment:

• The storage of highly flammable liquids in containers likely to release their contents, such as plastic containers, is now prohibited in authorized flammable liquid storage facilities and in combustible material warehouses.
• Authorized flammable liquid storage facilities and authorized and registered combustible material warehouses must have carried out a "study of heat fluxes at the site boundary" by 1 January, which should make it possible to identify any risks of the spread of heat. a fire in the immediate vicinity (“domino effect”), then define and plan, if necessary, the corrective measures necessary to remedy this situation.
• Entry into force for Seveso facilities of the provision aimed at identifying decomposition products in hazard studies and anticipating the first environmental samples in the event of an accident. The new hazard studies or updates carried out after January 1 must therefore contain a specific part relating to the identification of decomposition products in the event of a major fire. It also becomes mandatory to include in the new internal operations plans POI) or during the next updates, the provisions relating to the organization of these first environmental samples.
• All Seveso Low Threshold establishments must have drawn up an internal operating plan by 1 January 2023.

Prevention of industrial pollution

The ministerial decree of August 24, 2017 concerning the release of hazardous substances into water from installations classified for the protection of the environment (ICPE), called the "RSDE" decree, imposed the monitoring by manufacturers of new substances hazardous that may be present in their effluent discharges.

For these hazardous substances covered by a European directive of 2013, after this initial monitoring phase, the operator must, from 1 January 2023, comply with concentration limit values ​​in its discharges into water but also seek the maximum reduction of its broadcasts.

This list of 27 substances includes dioxins, mercury and a perfluorinated substance, perfluororooctanesulfonic acid, better known as PFOS.

Better engage the territories

Increase in the overall operating allocation of €320 million - a first for 13 years

The overall operating grant (DGF) provided for in the finance bill for 2023 is increased from €210 to €320 million:

• €200 million from the rural solidarity grant,
• €90 million from the urban solidarity grant,
• €30 million from the intermunicipal grant.

Thanks to this unprecedented effort for 13 years, 95% of the municipalities will see their allocation maintained or increased, compared to half in 2022 and a third in 2023 if nothing had been done.

Support for communities in a situation of energy stress

The budgetary support mechanisms implemented to help local authorities combat the effects of inflation come into force: electricity shock absorber, safety nets, regulated sales tariff;

• The year 2023 will see the effective implementation of the safety net voted in the last LFR
• These are also the resources that will increase in 2023: no cap on the indexation of tax bases, which will provide additional revenue to local authorities.
• The fivefold increase of the envelope for municipalities in great difficulty, which reaches €10 million

Setting up the green fund

Establishment of an unprecedented acceleration fund for ecological transition in the territories (green fund) endowed with €2 billion. Complementary to State investment allocations, the green fund meets a triple objective:

• strengthen environmental performance;
• adapt territories to climate change;
• uplift.

Abolition of the CVAE which entails, in compensation, the payment of a fraction of dynamic VAT from 2023

The abolition of the business value added contribution (CVAE) is spread over 2 years (2023 and 2024). The compensation mechanism proposed from 2023 is based on VAT with 2020-2023 as the reference period. It allows a 19,5% increase in compensation compared to the CVAE affected in 2022.

• For the communal block, its dynamics will be distributed according to economic criteria of size (area and workforce) of the companies.
• For the departments, the dynamic will be based, at the request of the Assembly of the departments of France (ADF).

Renewal of the Territorial Observatory

Created in 2004, the Territorial Observatory reports to the minister responsible for regional planning. It is responsible for collecting, analyzing and disseminating data relating to territorial dynamics and disparities as well as to policies carried out in the field of territorial planning and development.

The previous mandate of its orientation council ended on December 31, 2022. As part of the State's action in favor of territorial cohesion, its renewal was recorded by decree.

Update of the classification of municipalities in ZRCV

Based on the observation of a loss of dynamism and attractiveness of medium-sized towns, the law on the development of housing, development and digital technology (Elan) of November 23, 2018 gave local elected officials the means to revitalize city centres. cities through the creation of an integrating contract – the territorial revitalization operation (ORT). In order to complete this system, the finance law for 2020 created the city center revitalization zones (ZRCV), backed by the ORTs. It is a tax support tool for small and medium-sized enterprises (SMEs) carrying out a commercial or craft activity.

A decree updates, for the year 2023, the list of municipalities eligible for ZRCVs (101 municipalities are added and 3 are removed from the ranking): 474 municipalities are eligible in 2023 for this system. end on December 31, 2022. As part of the State's action in favor of territorial cohesion, its renewal was approved by decree.

Improve public information by guaranteeing the availability of all town planning documents on a single website

As of January 1, 2023, the enforceability of urban planning documents will be subject to their electronic publication on the Geoportal of urban planning.

This publication on the Geoportal of urban planning was already mandatory since January 1, 2020, without however the absence of publication having any consequences for the acts of local authorities. Ordinance No. 2021-1310 of October 7, 2021 reforming the rules of publication, entry into force and conservation of acts taken by local authorities and their groupings reinforces this obligation by now conditioning the enforceability of documents of town planning to their publication on the Géoportail de l'urbanisme and to their transmission to the State services responsible for checking legality.