CONSTRUCTION AND HOUSING CODE
LexInter | November 22, 2006 | 0 Comments

CONSTRUCTION AND HOUSING CODE

Section 1: Equipment and distribution of costs in apartment buildings

Article R131-1

(Decree n ° 2000-613 of July 3, 2000 art. 5 Official Journal of July 5, 2000)

For the purposes of this section,
an apartment building provided with common heating is a building that includes at least two rooms intended to be occupied privately and heated by the same installation;
A room occupied for private use consists of the room or all the rooms reserved for the exclusive use of natural or legal persons.

Article R131-2

(Decree n ° 79-1232 of December 31, 1979 Official Journal of January 13, 1980)
(Decree nº 91-999 of September 30, 1991 art. 1 Official Journal of October 1, 1991)

(Decree n ° 2000-613 of July 3, 2000 art. 5 Official Journal of July 5, 2000)

Any collective building, equipped with common heating for all or part of the premises occupied on a private basis and supplying each of these premises with a quantity of heat that can be adjusted by the occupant, must be equipped with devices allowing the individualization of the costs of communal heating.
These devices must make it possible to measure the quantity of heat supplied or a quantity representative of it.

Article R131-3

(Decree n ° 79-1232 of December 31, 1979 Official Journal of January 13, 1980)
(Decree nº 91-999 of September 30, 1991 art. 1 Official Journal of October 1, 1991)
(Decree n ° 2000-613 of July 3, 2000 art. 5 Official Journal of July 5, 2000)
(Decree nº 2000-1153 of November 29, 2000 art. 3 Official Journal of November 30, 2000)

The provisions of article R. 131-2 do not apply:
a) To hotel establishments, hostels,
premises for agricultural use, premises for sports use which are not located in an apartment building;
b) Multi-family buildings which have been the subject of an application for a building permit before 31 December 1988 and not equipped with systems for distributing heating costs, for which the costs of fuel or energy for the heating of a reference year, related to the heated surface, are below a threshold set by joint order of the Minister responsible for construction and housing and the Minister responsible for energy, or for which it is technically impossible to set measuring devices.
This threshold is chosen so that, for buildings subject to the obligation to equip devices allowing individualization of collective heating costs, the annual financial burden of these devices, including depreciation over ten years and operating costs, which is less than one-tenth of the annual fuel or energy costs;
c) Multi-family buildings which have been the subject of an application for a building permit after 31 December 1988, if it turns out, at the end of the first complete heating season, that the fuel costs or energy for heating are below the threshold referred to in b of this article, corrected for climatic and economic variations. To this end, the techniques used for the construction of these buildings must allow the subsequent installation of devices for measuring and distributing heating costs without significant intervention;
d) Multi-family buildings benefiting from the “high energy performance” label, defined by the order provided for in III of the
e) Multi-family buildings using renewable energies (solar, geothermal, biomass, thermal waste) at least for half of the space heating power;
f) Buildings provided with a mixed heating installation comprising collective equipment supplemented by individual heat emitters having the character of buildings by destination.

                                                                                        Article R131-4

(Decree n ° 79-1232 of December 31, 1979 Official Journal of January 13, 1980)
(Decree nº 91-999 of September 30, 1991 art. 1 Official Journal of October 1, 1991)
(Decree n ° 2000-613 of July 3, 2000 art. 5 Official Journal of July 5, 2000)

In multi-family buildings which have been the subject of an application for a building permit after December 31, 1988 and which, not fulfilling the condition laid down in c of article R. 131-3, must be equipped with measurement and distribution of heating costs, readings must be able to be taken without having to enter the private premises.

Article R131-5

(Decree n ° 79-1232 of December 31, 1979 Official Journal of January 13, 1980)

(Decree nº 88-380 of April 20, 1988 art. 1 Official Journal of April 21, 1988)

(Decree nº 91-999 of September 30, 1991 art. 1 Official Journal of October 1, 1991)

(Decree n ° 2000-613 of July 3, 2000 art. 5 Official Journal of July 5, 2000)

With regard to apartment buildings other than those mentioned in article R. 131-4, the deadline for putting into service the devices provided for in article R. 131-2 is October 1, 1991.

Article R131-6

(Decree n ° 79-1232 of December 31, 1979 Official Journal of January 13, 1980)
(Decree nº 91-999 of September 30, 1991 art. 1 Official Journal of October 1, 1991)

(Decree n ° 2000-613 of July 3, 2000 art. 5 Official Journal of July 5, 2000)
 The devices provided for in article R. 131-2 must comply with the regulations adopted in application of the aforementioned decree no. 88-682 of 6 May 1988 relating to the control of measuring instruments.
                                                                                                Article R131-7

(Decree n ° 79-1232 of December 31, 1979 Official Journal of January 13, 1980)
(Decree nº 91-999 of September 30, 1991 art. 1 Official Journal of October 1, 1991)

(Decree n ° 2000-613 of July 3, 2000 art. 5 Official Journal of July 5, 2000)

I. – In apartment buildings equipped with the devices provided for in article R. 131-2, the heating costs relating to the common installation are divided, on the one hand, into fuel or energy costs, on the other hand, in other heating costs such as costs relating to the operation and maintenance of heating installations and costs relating to the use of electrical energy (or possibly other forms of energy) for the operation of equipment, such as control instruments, pumps, burners, fans, etc.
II – The cost of fuel or
The common fuel or energy costs are obtained by multiplying the total fuel or energy costs by a coefficient equal to 0.50. This coefficient can however be chosen between 0.25 inclusive and 0.50, by decision of the general meeting of co-owners or of the manager of a fully rental building. For apartment buildings that have been the subject of a building permit application after December 31, 1988, this coefficient may under the same conditions be chosen between 0 and 0.50 inclusive.
The common costs are distributed under the conditions set by the co-ownership regulations or the documents in lieu thereof. The total of the individual costs is obtained by the difference between the total of the fuel or energy costs and the common costs calculated as stated above. This total is distributed according to the indications provided by the devices provided for in article R. 131-2. However, thermally unfavorable situations or configurations of the premises may be taken into account; their correction limits are set by order of the Minister responsible for industry after consultation with the Minister responsible for energy and the Minister responsible for construction.
III – The other heating costs listed in I of this article are distributed under the conditions set by the co-ownership regulations or the documents in lieu thereof.

Article R131-8

(Decree n ° 79-1232 of December 31, 1979 Official Journal of January 13, 1980)
(Decree n ° 2000-613 of July 3, 2000 art. 5 Official Journal of July 5, 2000)
The provisions of this section are not applicable to the overseas departments.

 

CONSTRUCTION AND HOUSING CODE
(Regulatory Part – Decrees of the Council of State)

Section 2: Hot water charges in apartment buildings

Article R131-9

(Decree n ° 2000-613 of July 3, 2000 art. 5 Official Journal of July 5, 2000)
For the purposes of this section:
– an apartment building provided with a shared hot water supply is a building that includes at least two rooms occupied privately and supplied with hot water by the same installation;
– a room occupied for private use consists of the room or all the rooms reserved for the exclusive use of natural or legal persons;
– Class A buildings are buildings that have been the subject of a building permit application, a building permit extension request or a prior declaration of work within the meaning of former article L. 430-3 of the code
– all other buildings fall under class B.

Article R131-10

(Decree n ° 2000-613 of July 3, 2000 art. 5 Official Journal of July 5, 2000)
Except in the cases of derogation provided for in Articles R. 131-12 and R. 131-13, in apartment buildings where the production of hot water is common to all or part of the premises occupied for private use, fuel costs or energy relating to the supply of hot water are distributed between these premises in proportion to the direct or indirect measurement either of the quantity of hot water supplied to each of the premises, or of the quantity of heat necessary for heating the water thus provided.
When the conditions of hot water supply do not make it possible to know the share of fuel or energy costs entering into the price of said supply, this share is subject, for the application of this article, to a fixed estimate equal to at least two-thirds of the total price of hot water supplied by the common installation of the building.
This article does not derogate from the provisions, conventions or customs in force for the distribution of costs, fixed or not, and charges relating to the supply of hot water other than the fuel or energy costs mentioned. above.

Article R131-11

(Decree n ° 2000-613 of July 3, 2000 art. 5 Official Journal of July 5, 2000)
The provisions of article R. 131-10 are applicable to all collective buildings of class A; these, of construction, must be equipped with the necessary direct or indirect measurement devices.

Article R131-12

(Decree n ° 2000-613 of July 3, 2000 art. 5 Official Journal of July 5, 2000)The provisions of article R. 131-10 are applicable to collective buildings of class B which must be equipped with the necessary devices from September 15, 1977 at the latest.
It may be waived, for an entire building or all of the buildings served by the same hot water production installation:
1. If the number of measurement points necessary for the application of the article R. 131-10 is more than twice the number of privately occupied premises served by this installation;
2. Or if, for more than 15%. 100 of the measurement points, the pipes do not meet the accessibility conditions set by order of the Minister responsible for construction and housing.

Article R131-13

(Decree n ° 2000-613 of July 3, 2000 art. 5 Official Journal of July 5, 2000)
By order of the Minister responsible for construction and housing and the Minister responsible for industry, the provisions of article R. 131-10 may be waived with regard to:
– collective buildings of the class B comprising only two premises occupied on a private basis;
– premises dependent on a hotel establishment.

Article R131-14

(Decree n ° 2000-613 of July 3, 2000 art. 5 Official Journal of July 5, 2000)
An order of the Minister in charge of industry sets the rules for the construction and use of the devices necessary for the application of this section, as well as the methods of their control, insofar as these devices are not covered by the regulations. enacted by the aforementioned decree of November 30, 1944.

CONSTRUCTION AND HOUSING CODE
(Regulatory Part – Decrees of the Council of State)

Section 3: Regulation of heating installations

Article R131-15

(Decree nº 88-355 of April 12, 1988 art. 4 Official Journal of April 15, 1988)
(Decree n ° 2000-613 of July 3, 2000 art. 5 Official Journal of July 5, 2000)
The provisions of this section apply:
– to premises for residential use other than those mentioned in article R. 111-1;
– premises for use other than residential use other than those mentioned in article R. 111-20.

Article R131-16

(Decree nº 88-355 of April 12, 1988 art. 5 Official Journal of April 15, 1988)
(Decree n ° 2000-613 of July 3, 2000 art. 5 Official Journal of July 5, 2000)
For the application of this section:
The regulation of a heating installation consists of one or more devices making it possible to automatically regulate the supply of heat in the rooms according to the outside and inside temperatures, or to one of these temperatures and, where appropriate, other elements such as sunlight;
The power of a heating installation is defined as the product of the quantity of fuel consumed per hour in maximum continuous operation by the lower calorific value of this fuel.

Article R131-17

(Decree nº 88-355 of April 12, 1988 art. 6 Official Journal of April 15, 1988)
(Decree n ° 2000-613 of July 3, 2000 art. 5 Official Journal of July 5, 2000)
I. – Any heating installation with a power greater than 30 kW must include a regulation device.
II. – Any heating installation with a power greater than 250 kW and serving residential premises must include a regulation device which depends at least on the outside temperature.
III. – Any heating installation with a power greater than 1,500 kW must include a control device either per building or per group of buildings with the same destination, the same occupancy conditions and the same construction characteristics.

Article R131-18

(Decree n ° 2000-613 of July 3, 2000 art. 5 Official Journal of July 5, 2000)
The provisions of this section are not applicable in the case of solid fuel generators with manual loading and operation, for heating installations with a power of less than 1000 kilowatts put into service before January 1, 1976.
 

CONSTRUCTION AND HOUSING CODE
(Regulatory Part – Decrees of the Council of State)

Section 4: Limiting the heating temperatur

Article R131-19

(Decree n ° 2000-613 of July 3, 2000 art. 5 Official Journal of July 5, 2000)

For the application of the provisions of this section and of the decrees provided for in articles R. 131-22 and R. 131-23:
– the heating temperature is that which results from the implementation of a heating installation, which whatever the energy used for this purpose and whatever the heat production methods;
– a room for residential use consists of all the rooms of a dwelling;
– the heating temperature of a room in a dwelling or a room for use other than the dwelling is the air temperature, measured in the center of the room or room, at 1.50 meters above above ground;
– the average temperature of a dwelling or a set of premises for use other than the dwelling is the average of the heating temperatures measured in each room or each room, the calculation of the average being weighted according to the volume of each room or room.

Article R131-

(Decree n ° 79-907 of October 22, 1979 art. 1 Official Journal of October 23, 1979)
(Decree n ° 2000-613 of July 3, 2000 art. 5 Official Journal of July 5, 2000)

In premises for residential, teaching, office or public use and in all other premises, with the exception of those indicated in Articles R. 131-22 and R. 131-23, the limits higher heating temperatures are, apart from the periods of vacancy defined in article R. 131-20, fixed on average at 19 ° C:
– for all the rooms of a dwelling;
– for all premises assigned to a use other than living and included in the same building.

Article R131-21

(Decree n ° 2000-613 of July 3, 2000 art. 5 Official Journal of July 5, 2000)

During periods of vacancy of the premises mentioned in article R. 131-20, for a period equal to or greater than twenty-four consecutive hours, the average heating temperature limits are, for all the rooms in a dwelling and for all the premises assigned to a use other than the dwelling and included in the same building, fixed as follows:
16 ° C when the period of vacancy is equal to or greater than twenty-four hours and less than forty-eight hours;
8º C when the period of vacancy is equal to or greater than forty-eight hours.

Article R131-22

(Decree n ° 2000-613 of July 3, 2000 art. 5 Official Journal of July 5, 2000)
A joint order of the Minister in charge of industry and of the Minister in charge of construction and housing taken after the opinion of the advisory committee on the use of energy, and, where applicable, of the minister or ministers concerned, establishes the list of the categories of premises which, not assigned to office use and not open to the public, must, having regard to the nature of the administrative, scientific, sporting, craft, industrial, commercial or agricultural activities therein exercise, be subject to heating temperature limits different from those set by Articles R. 131-20 and R. 131-21. This decree determines, by categories and taking into account, where applicable, periods of vacancy,

Article R131-23

(Decree n ° 2000-613 of July 3, 2000 art. 5 Official Journal of July 5, 2000)

With regard to dwellings, premises and establishments where medical care is given to non-hospitalized persons, hospitals and dwellings, premises and establishments where elderly persons or young children are lodged or accommodated, joint orders of the minister responsible for industry, the minister responsible for construction and housing and the minister responsible for health, taken after consulting the advisory committee on the use of energy and, where applicable, the or the ministers concerned set, by category, the upper heating limits calculated in accordance with the provisions of article R. 131-19 which are applicable to these premises or establishments.

Article R131-24

(Decree n ° 2000-613 of July 3, 2000 art. 5 Official Journal of July 5, 2000)

The standards mentioned in article L. 131-4 are set after consulting the advisory committee on the use of energy.

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