Tetradis : Concepteur et distributeur de solutions réseaux Très Haut Débit

With energy issues and climate urgency, the transition to renewable energies is becoming an imperative. Against this backdrop, on March 10, 2023, the APER Law (Loi relative à l'accélération de la production d'énergie renouvelable) was enacted. Among its key measures, Article 40 requires outdoor parking lots of over 1,500 square meters to be equipped with photovoltaic shading systems.Let's take a closer look.

• How do these measures simplify administrative procedures?
• What exemptions are available?
• What are the details of this decree?

On November 13, 2024, implementing decree no. 2024-1023 specifies the practical details of this obligation.

What is the APER Act?

The APER law aims to make up for France's lag in the major energy transition initiative launched by the European Commission in 2009. Promulgated in March 2023, it seeks to remove administrative obstacles and promote ambitious projects in favor of renewable energies (RE).

Article 40, which is of particular interest to us here, introduced the obligation for all parking lots exceeding 1,500 m² to install energy-generating shading systems, i.e. photovoltaic shading systems covering at least 50% of this surface area.

What does decree no. 2024-1023 specify?

The implementing decree of November 13, 2024 clarifies three major aspects linked to the application of article 40 of the APER Law:

• Methods of calculating the surface area of parking lots;
• Procedures for waiving this obligation ;
• Modalities of administrative relief for the installation of photovoltaic shading systems by modifying the town planning code.

Calculating the surface area of parking lots

This decree clearly establishes the areas to be excluded from the calculation of the 1,500 square meters required to apply the shading obligation. The following areas are not to be included in the calculation:

• Green spaces or rest areas ;
• Storage, logistics, handling, loading and unloading areas ;
• Spaces reserved for parking vehicles carrying dangerous goods ;
• Areas located less than 10m from a facility classified for environmental protection (ICPE) ;
• Zones required for the implementation of ICPE regulations.

By excluding these areas, the decree limits the impact of the obligation on certain specific infrastructures, while targeting the areas really concerned.

Let's take an example:

• If you have a 3,000 m2 parking lot; 
• Which contains a green space of 500 m2 ;
• And a logistics area of 300 m2.

The value adopted will therefore be 2,200 m2, requiring you to install photovoltaic shading on a surface area of 1,100 m2 instead of 1,500 m2.

Exceptions to the obligation to install photovoltaic shade systems

Decree no. 2024-1023 sets out the criteria for granting exemptions to the installation of photovoltaic shading systems. These criteria can be broken down into 3 categories:

• Exemptions based on park use criteria ;
• Environmental exemptions ;
• Cost-based exemptions.

Criteria for use	Environmental criteria	Cost criteria
Parking lots for vehicles over 3.5 tons.	Parking lots representing a technological risk.	Installation costs that have a proven and significant impact on the plant's profitability.
Parking lots for dangerous goods vehicles.	Parking lots located in protected areas: ICPE, historic monuments, national parks and protected land.	Installation costs that undermine the park operator's economic viability.
	Parks meeting the following shading conditions: High-canopy trees providing shade for 50% of the parking lot surface; One high-canopy tree for every 3 parking spaces.	Installation costs deemed excessive (higher than the cost of creating or renovating the park, or the park's market value).

Streamlined administrative procedures

The decree eases the administrative burden associated with the installation of photovoltaic shading systems. In order to facilitate the application of article 40 of the APER law, the decree has introduced a modification to town-planning rules concerning the administrative procedures involved in the installation of shaded areas equipped with renewable energy production systems.

But what does this mean?

Before this reform, the installation of photovoltaic shading systems with a power output of over 1 kWp required a building permit. Now, this limit has been raised to 3 kWp, making the process more accessible for smaller installations and simpler for those below 3 MWp. 

Here is a summary of the administrative procedures:

Puissance	Hauteur	Dispositif administratif après le 13 novembre 2024
≤ to 3 kWp	≤ to 1.80m	No administrative formalities
≤ to 3 kWp	> to 1.80m	Declaration of work
Between 3 kWc and 3 MWc	All heights	Declaration of work
> to 3 MWc	All heights	Building permit application

In conclusion: An opportunity to accelerate the energy transition

The decree of November 13, 2024 represents a major step forward in the implementation of Article 40 of the APER law. By clarifying calculation methods, introducing precise derogations and simplifying administrative procedures, it enables park managers to better prepare for these new obligations.

In addition to its regulatory impact, this measure represents a fantastic opportunity to contribute to the energy transition, while making the most of unused parking spaces.


Are you affected by these new obligations and would you like some help with the process?

contact us today


to find out more about our solutions tailored to your needs, and how to simplify your infrastructure compliance.