What is contained in the draft law “right to error and simplification”

EXCLUSIVE. Allowed to do so, decree, tertiary, energy renovation of condominiums, renewable energies… Batiactu has obtained a copy of the draft law on the right to error and simplification. Discover the measures relating to the sector of the construction that it contains.
The draft law on the right to the error and the simplification is on the rails. The provisions specifically relating to the right of the error are placed in emergency before the national Council of assessment of standards (Cnen), to collect a negative opinion. Anyway, Batiactu, who obtained the draft text, details the measures that relate to the construction sector.

Energy efficiency in commercial buildings


As we announced on July 20, us based on the site Mayor Info, the future version of the “decree tertiary,” which was recently suspended in its entirety by the Council of State, could postpone the first maturity at 2030 (rather than 2020). The explanatory memorandum to the draft law recognizes that the first draft of the text was invalid, repeating arguments which were those of the federations of trade and of the hospitality that had contested the decree before the Council of State.


Article 21 of the draft law on the right to error and simplification is therefore proposing, by way of eordonnances, to postpone the first maturity at 2030 (final goal does not change, namely a reduction of 60% for the so-called buildings in 2050). It would also evolve the field of application, more particularly by modulating the obligations according to the typology of the building (which was a demand of the federations complainants). “It is proposed to put on record the principle of the objective of reduction or exemption according to the size of the building : an office building with more means than a small trade of proximity”, says the statement of reasons. “This threshold of surface would preserve the small structures, including SMES, and does not impose provisions that are not proportionate in view of their economic situation.”


The public authorities, to “preserve the dynamics launched by the decree” (thus following the wish of Philippe Pelletier du Plan bâtiment durable, are also put in place a call for projects to enable actors to implement the framework on a voluntary basis.


“The objective is to define key steps, particularly in the early months of the entry into force of the device, to create a dynamic of mobilization”, notes the text. “The tracking methods considered consist of a request to the transmission of energy consumption data attesting to the implementation of the system”, details the legislature. “The supporting evidence would be collected through a database that is accessible directly through the Internet. The creation and management of this database would be entrusted to the Agency for environment and energy control (Ademe). In addition, it could present the center features resources and information for actors involved in the renovation of tertiary buildings.”


Enlargement of the “allowed to do”


Allowed to do the following. Article 21 of the bill empowers the government to take, by way of an order, “measures establishing a permission for the owners of buildings to waive certain rules of construction that the order will specify, subject to proof of the achievement of results equivalent to the rules from which it is derogated”. The public authorities intend to extend the fields of application of this measure stemming from the law CASL in July 2016, which is estimated for the moment that a “fifty buildings”.


To encourage energy renovation of condominiums


Article 30 of the text wants to renovate the law of 10 July 1965 establishing the status of the condominium buildings, “which induces some rigidity and can delay the necessary energy renovation of buildings”. Several areas of progress are preferred : provide the trade union council of a “real decision-making authority”, establishing regimes of governance, differentiated according to the types of condominiums and simplify the text of the initial bill to improve its “legal security”.


Simplification of the rules relating to the environmental assessment


The draft law aims to simplify the rules relating to the environmental assessment, in the case of modification or extension of installations, structures, works or activities that are existing. “The nomenclature of environmental assessments, thought to be applied to the initial projects of classified installations, is the source of difficulties of interpretation when it is applied to modifications and extensions of these facilities. It appears that it is necessary, without calling in question the review by the authority environmental impact studies, when required, to entrust to the authority who carries out a special police force, when such a font is provided, the sole and exclusive responsibility for the choice of the need to redo the complete procedure in the event of a change, as was the case previously”, explains the statement of reasons.


For the TPE, a system of “on-demand scan” in the fields of social


Article 12 opens for a year of experimentation for the “demand scans” in the social field. It refers to companies with fewer than eleven employees and whose annual amount of contributions paid is less than 250,000 euros. The idea is to allow contributors to “ask the body to recovery (URSSAF, CGSS) to which it is to control of its practices, about some points of regulation that it has previously identified”. This would help ensure that it correctly applied the law of the social security on one or more points.


Wind in the sea


Article 22 empowers the government to experiment, by means of orders, measures to “facilitate the anticipation of the appraisal process of environmental approvals, to the issuance of a permit prior to any competitive procedure”. It will be the same for the authorization of occupation of the public maritime domain or a space marine, which will also be issued concurrently with the decision on the selection of the winner of the tender. “Finally, these measures will extend the same adaptations to the project of connection of the winner to the public network of electricity transmission.”


Geothermal energy


Finally, article 23 empowers the government to unify the regimes of geothermal energy: high and low temperature, because their coexistence would be a hindrance to the development of certain projects, “in contexts that require an effort of exploration and geological reconnaissance of important”.

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