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Real Estate Diagnosis: Energy Performance Diagnosis (DPE)

Verified 01 January 2023 - Directorate for Legal and Administrative Information (Prime Minister)

Perform an energy audit on sale

Published on 16 August 2022

An energy audit shall be carried out in the event of the sale of a dwelling belonging to energy classes D, E, F or G having a primary energy consumption of at least 331 kilowatt-hours per m² per year.

This measure will come into force on 1to April 2023.

That's what it says Article 158 of Act No. 2021-1104.

The decree and the order detailing this audit was released on May 5, 2022.

The information on this page remains current and will be modified on this date.

The Energy Performance Diagnostic (EPD) is a document that is primarily used to estimate energy consumption and greenhouse gas emission rates of a dwelling (or building). It must be integrated into the technical diagnostic file (DDT) and handed over to the prospective purchaser or tenant of the dwelling. Penalties are provided for in particular if the EPR is not in conformity with the regulations.

The EPD's obligations differ depending on whether the accommodation is leased or for sale.

Warning  

since 1to January 2023, a dwelling located in Metropolitan France may be rented only if its energy consumption does not exceed the threshold of 449 kilowatt-hours of final energy per square metre of living space per year.

In case of rental

The EPR is primarily used to assess the amount of energy and greenhouse gases in a dwelling (or building).

The EIP must be initiated by the owner of the rental unit (the landlord).

The lessor must have this diagnosis made by a certified professional.

The lessor must integrate the EPD to the technical diagnostic file (DDT) and hand it to the future tenant.

The landlord's liability may be incurred if he does not voluntarily transmit the EPD to the future tenant. The latter appeal to the court  to request damages.

The EPD must be carried out in all dwellings, except those intended to be occupied less than 4 months per year.

The EPD must be performed by a certified diagnostic.

To find a certified diagnoser, you can search a directory:

Find a Certified Real Estate Diagnostic

In order to perform the EPD, the diagnostic must meet a specific method.

A landlord who uses an uncertified diagnosis may be fined €1,500 (€3,000 in case of recurrence). Similarly, the diagnoser may be fined €1,500 without certification (€3,000 in case of recurrence).

The diagnoser should forward the EHR results to the Ecological Transition Agency (Ademe):

Transmission of the energy performance diagnosis (EPD) to the Ademe

The diagnoser may be fined €1,500 if he does not transmit these results to the Ademe.

The Ademe then issues an identification number to the diagnoser that will be recorded on the EPD. Without this number, the DPE is not valid.

The diagnoser must transmit this number to the lessor.

The price of the DPE is not regulated, so the price may vary from one professional to another.

The DPE shall contain at least the following information:

  • Relevant characteristics of the housing (or part of it) and description of its heating equipment, production of hot water, cooling, ventilation and, in certain types of buildings, integrated lighting of the premises. Each category of equipment shall indicate the conditions of use and management affecting energy consumption.
  • Indication of the annual amount of energy consumed or estimated for each category of equipment according to a conventional calculation method and evaluation of such annual consumption expenditure
  • Assessment of the amount of greenhouse gas (GHG) emissions related to the annual amount of energy consumed or estimated
  • Information on renewable energies produced by equipment settled permanently and used in the dwelling (or part thereof)
  • Classification of the dwelling (or part thereof) according to a reference scale (label Energy) taking into account the climatic zone and the altitude, made according to the annual amount of energy consumed or estimated reported to the surface of the housing (or part of it) for heating, cooling, hot water production, lighting and auxiliaries for heating, cooling, hot water and ventilation
  • Classification of the dwelling (or part thereof) according to a reference scale (label Climate) taking into account the climatic zone and the altitude, calculated according to the amount of greenhouse gas emissions reported on the surface of the housing (or part of it) for heating, cooling, hot water production, lighting and auxiliaries for heating, cooling, hot water and ventilation
  • Recommendations to improve the energy performance (e.g., insulation of windows) of the housing with an evaluation of its cost and efficiency. These recommendations shall not have the effect of increasing the amount of greenhouse gas emissions associated with the annual amount of energy consumed or estimated in the dwelling
  • Last report of the periodic inspection of the boiler or annual maintenance certificate
  • Assessment of the capacity of the dwelling (or part of it) to provide thermal comfort in summer

The DPE should indicate that the diagnostic has the skills to perform the diagnosis.

FYI  

the recommendations are only indicative. This is advice on proper use of the accommodation and its facilities.

It is possible to consult details of the particulars to be included on the EPR.

The diagnoser shall be liable in the event of an erroneous EPD, unless the error is due to the fact that the lessor has voluntarily communicated to him false information concerning the dwelling or its equipment. The tenant can appeal to the court to request damages even cancelling the lease.

The period of validity of the EPD shall be 10 years.

However, EPDs made between 1to January 2013 and December 31, 2017 were valid until December 31, 2022.

Those made between 1to January 2018 and June 30, 2021 are valid until December 31, 2024.

Mandatory entries differ depending on the origin of the advertisement.

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Announcement in the print media

The rental advertisement should mention the letters corresponding to the reference scales of the energy and climate rankings (from A- Extremely high-performance- to G- Extremely low-performance). These mentions, respectively preceded by words  energy class  and climate class must be uppercase and at least equal in size to the characters in the ad text.

The advertisement must include  energy-consuming housing if the accommodation is rated F or G.

The advertisement must also indicate the amount of the annual theoretical energy expenditure of the dwelling. This must be at least the same size as the characters in the ad text. It shall be preceded by the Estimated amount of annual energy expenditure for standard use and specify the reference year of the energy prices used to calculate this estimate.

If the advertisement contains false information, the tenant may appeal to the court to claim damages or even cancellation of the lease.

The professional lessor may be fined up to €3,000 is a natural person or €15,000 if he is a corporation.

Where the lessor is a non-professional, he may be fined up to €3,000.

Advertisement posted on the premises of real estate professionals or published on the Internet

The rental advertisement must mention in a legible and coloured way the energy and climate rankings of the property on the reference scales (from A- Extremely efficient- to G- Extremely low-performing).

The advertisement must include  energy-consuming housing if the accommodation is rated F or G.

The advertisement must also indicate the amount of the annual theoretical energy expenditure of the dwelling. This must be at least the same size as the characters in the ad text. It shall be preceded by the Estimated amount of annual energy expenditure for standard use and specify the reference year of the energy prices used to calculate this estimate.

If the advertisement contains false information, the tenant may appeal to the court to claim damages or even cancellation of the lease.

The professional lessor may be fined up to €3,000 is a natural person or €15,000 if he is a corporation.

Where the lessor is a non-professional, he may be fined up to €3,000.

In case of sale

The EPR is primarily used to assess the amount of energy and greenhouse gases in a dwelling.

The EIP must be made at the initiative of the owner of the dwelling that sells the dwelling (the seller).

The seller must have this diagnosis made by a certified professional.

Seller must integrate DPE with technical diagnostic file (DDT) and hand it over to the prospective purchaser.

The seller may be liable if he does not voluntarily forward the EPD to the prospective buyer. Similarly, the notary shall be liable if he has validated the sale in the absence of the EPD or if he has knowledge of misleading information misleading the future purchaser. The purchaser may appeal to the court and get damages even cancelling the sale.

The EPR must be carried out in all the accommodation.

The EPD must be performed by a certified diagnostic.

To find a certified diagnoser, you can search a directory:

Find a Certified Real Estate Diagnostic

Seller who uses an uncertified diagnoser may be fined €1,500 (€3,000 in case of recurrence). Similarly, the diagnoser may be fined €1,500 without certification (€3,000 in case of recurrence).

In order to perform the EPD, the diagnostic must meet a specific method.

The diagnoser should forward the EHR results to the Ecological Transition Agency (Ademe):

Transmission of the energy performance diagnosis (EPD) to the Ademe

The diagnoser may be fined €1,500 if he does not transmit these results to the Ademe.

The Ademe then issues an identification number to the diagnoser that will be recorded on the EPD. Without this number, the DPE is not valid.

The diagnostic must pass this number on to the seller.

The price of the DPE is not regulated, so the price may vary from one professional to another.

The DPE shall contain at least the following information:

  • Relevant characteristics of the housing (or part of it) and description of its heating equipment, production of hot water, cooling, ventilation and, in certain types of buildings, integrated lighting of the premises. Each category of equipment shall indicate the conditions of use and management affecting energy consumption.
  • Indication of the annual amount of energy consumed or estimated for each category of equipment according to a conventional calculation method and evaluation of such annual consumption expenditure
  • Assessment of the amount of greenhouse gas (GHG) emissions related to the annual amount of energy consumed or estimated
  • Information on renewable energies produced by equipment settled permanently and used in the dwelling (or part thereof)
  • Classification of the dwelling (or part thereof) according to a reference scale (label Energy) taking into account the climatic zone and the altitude, made according to the annual amount of energy consumed or estimated reported to the surface of the housing (or part of it) for heating, cooling, hot water production, lighting and auxiliaries for heating, cooling, hot water and ventilation
  • Classification of the dwelling (or part thereof) according to a reference scale (label Climate) taking into account the climatic zone and the altitude, calculated according to the amount of greenhouse gas emissions reported on the surface of the housing (or part of it) for heating, cooling, hot water production, lighting and auxiliaries for heating, cooling, hot water and ventilation
  • Recommendations to improve the energy performance (e.g., insulation of windows) of the housing with an evaluation of its cost and efficiency. These recommendations shall not have the effect of increasing the amount of greenhouse gas emissions associated with the annual amount of energy consumed or estimated in the dwelling
  • Last report of the periodic inspection of the boiler or annual maintenance certificate
  • Assessment of the capacity of the dwelling (or part of it) to provide thermal comfort in summer

The DPE should indicate that the diagnostic has the skills to perform the diagnosis.

FYI  

the recommendations are only indicative. This is advice on proper use of the accommodation and its facilities.

It is possible to consult details of the particulars to be included on the EPR.

The diagnoser shall be liable in the event of an erroneous EPD, unless the error is due to the fact that the seller has voluntarily communicated to him false information concerning the accommodation or its equipment. The purchaser may appeal to the court to request damages even cancelling the sale.

The period of validity of the EPD shall be 10 years.

However, EPDs made between 1to January 2013 and December 31, 2017 were valid until December 31, 2022.

Those made between 1to January 2018 and June 30, 2021 are valid until December 31, 2024.

Mandatory entries differ depending on the origin of the advertisement.

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Announcement in the print media

The sales advertisement should mention the letters corresponding to the reference scales of the energy and climate rankings (from A- extremely high-performance- to G- extremely low-performance). These mentions, respectively preceded by words  energy class and climate class must be uppercase and at least equal in size to the characters in the ad text.

The advertisement must include  energy-consuming housing if the accommodation is rated F or G.

The advertisement must also indicate the amount of the annual theoretical energy expenditure of the dwelling. This must be at least the same size as the characters in the ad text. It shall be preceded by the Estimated amount of annual energy expenditure for standard use and specify the reference year of the energy prices used to calculate this estimate.

If the advertisement contains false information, the purchaser may appeal to the court to claim damages or even the cancellation of the sale.

The professional seller may be fined up to €3,000 is a natural person or €15,000 if he is a corporation.

Where the seller is a non-trader, he may be fined up to €3,000.

Advertisement posted on the premises of real estate professionals or published on the Internet

The advertisement for the sale of the dwelling must mention in a legible and colour way the energy and climate rankings of the property on the reference scales (from A- extremely high performance- to G- extremely low performance).

The advertisement must include  energy-consuming housing if the accommodation is rated F or G.

The advertisement must also indicate the amount of the annual theoretical energy expenditure of the dwelling. This must be at least the same size as the characters in the ad text. It shall be preceded by the Estimated amount of annual energy expenditure for standard use and specify the reference year of the energy prices used to calculate this estimate.

If the advertisement contains false information, the purchaser may appeal to the court to claim damages or even the cancellation of the sale.

The professional seller may be fined up to €3,000 is a natural person and €15,000 if he is a corporation.

Where the seller is a non-trader, he may be fined up to €3,000.

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