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What should be known about the regulation of the energy audit?

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What should be known about the regulation of the energy audit?

According to Law No. 2021-1104 of August 22, 2021, also known as the Climate and Resilience Law, a regulatory energy audit is required to ensure that a property is up to standard with its energy usage. This audit establishes a complete inventory of the energy performance of a household. It helps regulate usage, guides needed renovation and improves work

It also provides an estimate of primary energy consumption and greenhouse gas emissions, which can then indicate the financial aid that can be mobilized. This audit recommends consumption labels identical to those of the energy performance diagnosis (EPD), an integral part of the mandatory Technical Diagnoses

What is the difference between a regulatory energy audit and an energy performance diagnosis?

Although the regulatory energy audit is included in the technical diagnostics during the sale of an energy-intensive property (i.e. thermal strainers), it does not replace the energy performance diagnosis (DPE).

The DPE aims to evaluate energy performance and categorizes it (with labels ranging from the letter A to G). The energy audit, on the other hand, presents possible work scenarios to improve performance.

These scenarios are detailed to allow future buyers to learn about work that can be done on the property while taking into account its many specificities.

What is the price of a regulatory energy audit?

The price for the regulatory energy audit varies from one professional to another.

What documents do the auditor need to provide to carry out the regulatory energy audit?

To conduct a regulatory energy audit on a property, the current owner must submit the following required documents:
  • The last ECD established, and previous ECDs (if possible) 
  • Other technical diagnoses (the thermal diagnosis must include the composition of the walls obtained by sampling)
  • Diagnosis of living space
  • Photographs of the property 
  • Proof of the work undertaken (must mention the name of the owner and the address of the property)
  • Proof of tax credit, MaprimeRénov' or any other financial aid recognized by the State
  • The permeability measurement report (should be less than 2 years old)
  • Building permit
  • The ground plans and location of the building
  • Proof of maintenance or servicing of the system, facilities
  • Instructions for the cooling system, heating, hot water, ventilation, etc. 

When a building (or part of a building) has collective heating, cooling, domestic hot water, or ventilation systems, it is necessary to provide:
  • Description of such equipment and how they're managed
  • Modalities of distribution of the costs related to the energy consumption for such equipment

How long is a regulatory energy audit valid?

A regulatory energy audit remains valid for 5 years.

What are the steps of an energy audit?

When an owner decides to sell his home, it is necessary to carry out an energy performance diagnosis (DPE) unless it has already been done and is still valid. 

An additional audit is requested: 
  • If the DPE indicates F or G (sale from April 1, 2023 to December 31, 2024) 
  • If the DPE indicates E, F or G (sale from January 1, 2025 to December 31, 2033)
  • If the DPE indicates D, E, F or G (sale as of January 1, 2034)
The energy audit provides additional information to guide the buyer in the renovation work. 
It is carried out in accordance with the procedures provided for in Article L. 126-28-1 of the Construction and Housing Code.

What about the sales agreement?

Sellers are not obligated to carry out this audit if they signed the sales agreements before April 1, 2023. However, sales agreements and other purchase documents not preceded by a promise to sell made after March 31, 2023, are still required to carry out and include the energy audit. 

When should a regulatory energy audit be established?

The energy audit is mandatory for all single-owned residential properties that are available for sale and classified as D, E, F, or G in relation to their energy performance diagnosis.

An additional audit is required if: 
  • The DPE indicates F or G (on sale from April 1, 2023, to December 31, 2024) 
  • The DPE indicates E, F, or G (on sale from January 1, 2025, to December 31, 2033)
  • The DPE indicates D, E, F, or G (on sale as of January 1, 2034)

The audit is entrusted to the seller of the property (or to their real estate agent as part of a sales mandate), who must then hand it over to future buyers. Financing the audit is commonly included in the mortgage or housing loan applied to the purchase of the property. 

Who has a regulatory energy audit set up? Who can carry out the regulatory energy audit?

The regulatory energy audit must be carried out by the current owner, at their expense, and before they receive any offer to purchase

As for what type of entity will conduct the audit, they're typically:

For residential properties:
  • Qualified design offices that specialize in “Energy audit of buildings (tertiary and/or collective housing)” 
  • Design offices and companies qualified for “Energy audit in individual houses”
  • Companies certified by the “RGE Global Offer” (i.e. general contractors, contractors, etc.);
  • Societies of architects and architects registered with the order
  • Certified real estate diagnosticians with the necessary skills

For commercial properties:
  • Qualified design offices that specialize in “Energy audit of buildings (tertiary and/or collective housing)” 
  • Societies of architects and architects registered with the order
Ce qu’il faut retenir :
  • This regulatory energy audit establishes a complete inventory of the energy performance of energy-intensive residential and commercial properties for sale. 
  • The regulatory audit helps guide the renovation and other necessary work on the property. 
  • The regulatory energy audit is part of the technical diagnostics upon the sale of the property. 
  • The audit does not replace the energy performance diagnosis.
  • The audit is mandatory for all residential properties belonging to a single owner, available for sale, and classified D, E, F, or G in relation to their energy performance diagnosis.
  • The seller has to take charge of their property's regulatory energy audit.
  • The price for the audit may vary from one professional to another.
  • The validity period of a regulatory energy audit is 5 years.

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