Decree No. 2016-710 of May 30, 2016, and the Order of May 30, 2016, concerning the allocation of heating costs in multi-unit buildings,
amend the provisions of the Decree of April 23, 2012, on the individualization of heating costs.
The regulations stipulate, in particular:
the extension of individual metering systems to all private units heated collectively, regardless of type, year of construction, or energy performance (except in cases of technical impossibility, such as underfloor heating);
a 30% share of common costs in the allocation;
and the requirement to install thermostatic radiator valves.
Order of 6 September 2019 relating to the individual determination of the quantity of heat and cold and the allocation of heating and cooling costs in collective residential buildings or buildings used for residential and professional purposes
Buildings concerned:
Every building equipped with collective heating must include an installation,
where technically possible, that allows the heat consumed by each dwelling to be measured separately and a device to be installed allowing the occupants of each dwelling to modulate the heat supplied by the collective heating,
and if this does not entail an excessive cost involving modifying the entire heating installation.
Buildings for which it is technically impossible to measure the heat consumed by each dwelling include those for which:
heat emission is by heated floor without measurement possible per dwelling,
the heating system is equipped with heat emitters mounted in series (single-pipe systems),
the heating system consists of hot air heating systems,
the heating system is equipped with steam-operated emitters,
the heating system is equipped with coils or finned tubes, hot water convectors, or fan coil units when each room does not have an individual heating loop.
Decision-making at the general meeting:
These works are voted on at the general meeting of co-owners by a simple majority (majority of votes of the co-owners present and represented) and upon presentation of the quotes. To this end, the property manager must first include the issue of individualizing heating costs on the agenda of the general meeting.
Exemption :
The requirement to install individual metering equipment for heating and cooling costs, or failing that, to implement an alternative measurement method, does not apply to hostels or multi-unit buildings where the building's energy consumption is less than 80 kWh per m² of living space per year.
To assess the building's consumption level, the building owner, or in the case of a condominium, the condominium association represented by the property manager, calculates the average annual fuel or energy consumption required for heating the building (excluding domestic hot water) recorded over the last three years, and then divides it by the living area as defined in Article R. 156-1 of the French Building and Housing Code.
The obligation also does not apply in the event of a lack of profitability:
Justification of the lack of profitability: The justification is based on a calculation in discounted global cost over 10 years (CGA) according to the methods defined in appendix 2 of the decree of September 6, 2019.
Sanctions:
Controls
The condominium association, represented by the property manager, is responsible for installing the device that allows for the individualization of heating costs.
In the event of an inspection, the property manager must provide the requesting administrative authority with documents justifying
either compliance with this obligation
or, if applicable, the technical reasons that made installation impossible.
The property manager has one month to do so.
Fines
If no response is received within the specified timeframe, a formal notice is sent to the building manager requiring compliance within a period determined by the administrative authority.
This formal notice may be accompanied by a fine of up to €1,500 per year per dwelling until the building complies with current regulations.
Technical solutions
Individual heat cost allocators and heat meters are two technical solutions for collective heating systems that allow building managers to calculate residents' heating costs proportionally to their consumption. This way, co-owners can control their energy consumption and thus their heating bills.
Heat meter
The heat meter is used to measure energy consumption per apartment. It is generally installed in a service duct on the landing (rarely inside the apartment itself). It is only compatible with a "horizontal" distribution network per apartment (individual heating loop: the apartment's heating system enters and exits at the same point).
This device calculates the actual heat energy consumed based on the volume of water circulating in the system and the temperature difference of that water measured between the inlet and outlet pipes.
Distributor
The electronic heat cost allocator is a device that calculates the heat emitted by each radiator.
It is equipped with two electronic sensors: one that measures the surface temperature of the radiator and another that measures the ambient room temperature.
Consumption is calculated by integrating the temperature difference between the two sensors over time and taking into account the radiator's heat output. This system is designed to prevent the recording of external heat gains, such as solar radiation.
Therefore, it is advisable to install a heat cost allocator on all radiators in the building. This small, "smart" device measures the heat emitted by the heating element. Consumption readings are taken remotely without entering the apartments.
All technical solutions must be studied by an engineering firm to validate the new operating conditions of the installations
Sources:
Decree No. 2016-710 of 30 May 2016 concerning the individual determination of the quantity of heat consumed and the allocation of heating costs in multi-unit buildings
https://www.legifrance.gouv.fr/download/pdf?id=bERbFYT5X-aDkD7N83sAG0ZAwojdtf2GCDvOmWc28Pk=
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