Parking lots and solar panels: publication of the implementing decree for the APER Law
Written By
Partner
France
As an experienced renewable energy and financing specialist I advise companies, investors and financing institutions on the successful realisation of their projects with a particular knowledge of the French and German market.
Counsel
France
I'm a Counsel in the Energy group based in Paris, where I work on complex public and environmental issues related to the energy sector.
Associate
France
As an associate in the Energy team based in Paris, I work on public and environmental issues relating to the energy sector and also advise companies, investors and financing institutions on the successful realisation of their renewable energy projects.
More than a year after the publication of the French Renewable Energy Acceleration bill (loi relative à l’Accélération de la Production d’Energies Renouvelables - APER) Law on March 10, 2023, the government published on November 15, 2024, its implementing decree No. 2024-1023 regarding obligations related to the installation of solar panels on parking lots.
To recall, article 40 of the APER Law requires, in particular, operators of outdoor parking lots with an area exceeding 1,500 m² to cover 50% of their parking lot surface with solar canopies by July 1, 2028 (for more information on the publication of the APER Act, consult our previous article on the matter).
The decree specifies the methods for calculating the area of parking lots. The surface area thus includes all vehicle parking spaces within the perimeter of the parking lot, as well as the roads, paths and facilities providing access to the spaces and located within the same perimeter. Other areas not required for parking purposes (e.g. green spaces or rest areas) are not taken into account.
The decree also details the exemptions allowing an operator to be excused from the obligation to install solar panels, including:
- In cases of technical constraints or insufficient sunlight, resulting in investment costs that are too high compared to the potential profitability of the installation;
- When it is demonstrated that the total cost of the required work jeopardises the economic viability of the parking lot operator;
- In cases of architectural, heritage, or environmental constraints;
- Or if renewable energy installations have already been installed on the parking lot.
An administrative order is still to be published, to obtain the list of renewable energy production methods whose installation within the parking lot’s perimeter exempts compliance with the obligation to install photovoltaic panels.
Non-compliance with the obligation to solarise parking lots is subject to financial penalties [1], the application of which must be preceded by the implementation of a prior adversarial procedure, allowing the operator to present written or oral observations regarding their situation.
[1] in accordance with section V of article 40 of the APER law
