Result of the Kyoto agreements and the transcription into French laws of European commitments, the Energy Performance Diagnosis (DPE) has been in existence since 2007. Beyond the highly publicized failures that have marked its existence, the DPE remains one of the diagnoses the most realized in real estate. Today nearly 10 million DPEs have been registered with Ademe in 7 years. This diagnosis now plays an informative role for tenants and buyers, but very soon, this will change by moving towards a very significant tightening of the DPE
First tightening of screws: from July 1, 2021 (and not as it was initially planned on January 1, 2020, Covid obliges!), The DPE will become legally enforceable in application of the law known as ELAN of November 23, 2018 relating to the evolution of housing, development and digital, aimed at in-depth reform of real estate law. Concretely, from this date, the tenant or the new purchaser of a good will be able to turn against the diagnostician in the event of significant difference between the performances observed in use and the evaluations of the DPE provided during the purchase or the rental of a property.
Another turn of the screw, the freeze on rent increases for housing that would be an "energy strainer" labeled F or G; already initiated in tense areas with decree n ° 2019-802 of July 26, 2019 relating to the evolution of certain rents in the context of a new rental or a renewal of a lease.
Main subsequent tightening, finally, those introduced by the Energy-Climate Law of November 8, 2019, which will gradually strengthen the constraints on owners, lessors or buyers of goods labeled F or G. These reinforced requirements will continue to increase until 2028, with the obligation to carry out work following the purchase of a good consuming more than 331 kWh EP / m².year: an article binding on the purchasers or owners to renovate the most energy-consuming goods.
A necessary step but still very far from the desired generalization of Low Consumption Buildings (BBC) by 2050 (80kWh / m².year in renovation) for new buildings as for old buildings. As a reminder, new housing contributes to an average renewal of the housing stock of 1% / year ...
Initially encouraging but little listened to, the DPE becomes a device at the center of substantial obligations
Made necessary by the weight taken on by this diagnosis, the reform of the DPE will make it even more credible. Its calculation method will now be unique and transposable for all types of housing buildings, regardless of their age; no more question of calculation from energy bills which allowed for the same good to lead to two distant energy classes depending on whether this good was inhabited by a single person or by a family of 6 people.
Taking into account the materials of the frame, the exposure of the building, thermal bridges, etc. have been one of the major elements of the DPE since its main evolution in 2013. Tomorrow, the determination of the old walls will require more knowledge and more attention from the diagnostician. The addition of the consumption of auxiliaries and lighting, which is transparent, will improve the understanding and the quality of the information on the property, taking into account the same uses as those of the thermal regulations for new constructions or existing. Finally, some simplifications will concern solar masks as well as unheated premises. Seemingly anecdotal, a welcome clarification emerges about the verandas. Thus a heated veranda will now be included in the living space taken into account for the calculation of the energy label of the DPE and the solar gains of a veranda, even unheated, will be valued.
Allowing to collect more precise data on the property, in particular the old one, the new DPE to the owner of the property to gain readability, clarity and usefulness. The presentation and organization of information make it more transparent: in addition to a rigorous consumption price bracket, other global qualitative criteria are emerging such as the level of general insulation, the quality of ventilation and the comfort of summer… It is also a safe bet that the next heat wave will enhance this last criterion even more. These elements allowing a more in-depth knowledge of a property must feed the discussions on energy consumption and comfort between real estate players (owners, lessors, tenants, buyers, real estate agents, notaries, etc.). They must therefore encourage the consideration of energy and climate issues in the development of the property.
A last laudable and desirable intention from the point of view of the energy transition. But in many metropolises where climatic and environmental challenges are more topical than ever, nothing is less certain. The continuous rise in real estate prices and the scarcity of available goods make price negotiations impossible or only at the margin. Far from appeasing the real estate market, the current health crisis could on the contrary strengthen the role of safe haven that is stone. However, and in the event of an urban exodus towards the suburban, the energy label will play a criterion of attraction prevalent in a market subject to less pressure.