Mandatory shade structures: large-scale distribution is entitled to a delay

The 2023 renewable energy law requires outdoor car parks (new and existing) to install photovoltaic canopies over half of their surface area, infrastructures covered with solar panels that provide both shade and energy production.

While many companies and communities have started to equip themselves, the mass retail sector, the first to be affected with its 21.000 stores and shopping centers, and its 70 million square meters of parking, had requested in April a postponement of the deadline "by at least two years".

The government has almost granted them: managers of large car parks (over 10.000 square metres) finally have until 1 January 2028 to equip themselves, a year and a half longer than initially planned.

However, they will have to provide proof of a "commitment contract with deposit no later than December 31, 2024 and a purchase order concluded before December 31, 2025, for the purchase of photovoltaic panels."

The decree specifies that solar panel modules must be assembled "by a company that does not carry out the majority of its module production in a third country representing more than 50% of European imports", i.e. China, which represented 97% of imports in 2023, according to Eurostat.

Managers of smaller car parks (between 1.500 and 10.000 square metres) have until July 2028 to equip themselves.

A decree published on November 15 specifies that green spaces, storage areas or logistics spaces are not taken into account in the calculation of the parking area.

The traffic aisles are included in the calculation, contrary to what the distribution players were asking for.

Car parks are exempt if they benefit from the shade of trees over half of their surface area, at the rate of one tree for three parking spaces.

The law provides for penalties of up to 40.000 euros per year for parking managers, until compliance is achieved.

Illustrative image of the article via Depositphotos.com.