publication of the decree – pv magazine France

November 18, 2024
Gwénaëlle Deboutte

Decree No. 2024-1023 of November 13, 2024 implementing article 40 of Law No. 2023-175 of March 10, 2023 relating to the acceleration of the production of renewable energies was published in the Official Journal of November 15 2024. This concerns the obligation to solarize parking lots of more than 1,500 m² and specifies the calculation of the area subject to the obligation, as well as the exemption criteria and fines in the event of non-compliance.

For car parks with an area greater than 10,000 m², the shade shades must be installed before July 1, 2026. For those between 1,500 and 10,000 m², the deadline is July 1, 2028. Parking areas must be equipped with photovoltaic or vegetated shade covers over at least 50% of their surface area, with circulation aisles included in the calculation. In the event of non-compliance with the law, fines can go up to 40,000 euros per year until compliance is achieved.

The text also changes the planning authorization regime for ground-mounted solar installations and renewable energy shade structures. From December 1, 2024, the following are subject to a prior declaration, outside the ABF zone:

• ground-mounted solar installations and shade structures with a power of less than 3 kWp and whose maximum height above the ground may exceed 1.80 m;
• installations with a power greater than or equal to 3 KWp and less than 3 MWp whatever their height.

Finally, the obligation to install photovoltaic shade structures is not applicable to parking lots for which it has been demonstrated that their installation is impossible due to:

• technical constraints linked to the nature of the soil, such as its geological composition or its inclination;
• the technical impossibility of not aggravating, as a result of such an installation, a natural, technological, civil security risk, within the meaning of Article L. 112-1 of the Internal Security Code, or relating national security;
• technical constraints linked to the use of the parking lot, making it incompatible with such an installation.

Under conditions defined by joint decree of the ministers responsible for town planning, the environment, energy, transport of dangerous goods and classified installations, parks where vehicles transporting dangerous goods are parked and parking lots constituting an installation classified for environmental protection falling under the headings, listed by this decree, of the nomenclature annexed to article R. 511-9 of the environmental code.