Réécriture du Code de la construction : ce que prévoit le décret, publié et immédiatement applicableS'abonnerS'abonnerPassCréer mon comptePassSe connecterRecherche Magazine Magazine NewslettersServicesAppels d'offresFormationsÉvénementsEmploiÉditionsKheoxFournisseurs BTPWebinarsIndices-IndexConstructions et talentsMon compteMes informationsMes newslettersMon fil d'actualité personnaliséAnalyses de JurisprudencesIndices-IndexMon contrat Pass Contact DéconnexionEn direct
Favoring a logic of result rather than a logic of means, the CCH is getting a facelift.The decree recodifying the regulatory part of the book 1st and putting to music the use of the equivalent effect solution (SEE) appeared in the "Official Journal" on July 1st.
The new CCH is in orbit!After the so -called “ESSOC 2” ordinance of January 29, 2020, who came to rewrite the legislative part of book 1 of the code, devoted to construction rules, the decree of June 30, 2021 constituting its counterpart on the regulatory party was published in extremisJuly, 1st.Date on which both come into force.
On the same subject Construction rules: with Essoc 2, how to go out of the beaten track
Recodification
The objective of this reform was to bring flexibility and innovation in the application of construction rules, while retaining their levels of requirement and intact safety.The key word: to switch from a logic of means to a logic of result.In this perspective, it is a question of reformulating these rules by emiting, for each, the "general objectives" to be achieved;and, depending on the case, "minimum results" to be respected.This is the whole book 1st of the code which was recodified, by the 56 pages of the prescription ... and the 124 pages of the decree! Note in passing that the latter takes the opportunity to introduce into the CCH (ArticlesR.126-8 toR.126-14) The provisions relating to the brand new diagnosis "Products, Materials and Waste" created by two decrees of June 25 (and already repealed, therefore) for the demolition and significant renovation operations initiated from January 1, 2022.
General objectives and minimum results
In detail, the device is now as follows.For all technical fields (energy performance, accessibility, acoustics, air quality, fire safety, etc.), the client must respect the general objectives assigned to the rule concerned.And, if it includes minimal results, prove their damage according to methods which are set by the decree for each technical field.
If on the other hand, the rule does not include minimum results, the contracting authority will justify compliance with the general objective by the appeal, either to a "reference solution" defined by regulation, or to a "solution ofequivalent effect ”(See).This one, which was already at the heart of the permit to experiment implemented by the ESSOC 1 prescription -which is repealed on this July 1 -is the emblematic novelty of the CCHRemodelé.
On the same subject to experiment: the bridle (almost) dropped for the owners
See: a certificate before work ...
The decree details, in articlesR.112-1 et seq. Of the code, the procedure for implementing the SEE.Which is very similar to that which existed under the empire of the permit to experiment.
When a client opts for a SEE, he must have validated by a third-party, impartial and independent organization of the players in the project, "that it respects the general objectives and makes it possible to achieve results at least equivalent tothose of the reference solution to which it replaces ”(art.L.112-9 of the CCH).L’articleR.112-2Lists the documents in the file to be transmitted to this organization for one or more SEE falling under its technical competence.The latter then analyzes the SEE, if necessary by joining the competition of independent experts;and delivers his "certificate of respect for objectives", which will include the elements listed in articleR.112-3, via a standardized electronic form made available by the Ministry of Ecological Transition.
...issued by competent third parties...
These third -party organizations, also called attestants, are therefore at the heart of the system.L’articleR.112-4 of the code determines who is competent to receive such a mission, according to the technical fields concerned: 1) for the general safety rules (stability and solidity of buildings, natural risks, technological risks, safety of buildings –Ascensors, swimming pools, gas installations, etc..), this is CSTB, CEREMA and technical controllers; 2) for the safety of persons against fire risks, these are organizations accredited in the field concerned by the SEE in terms of methods thatOrder must define; 3) for the health quality of buildings, accessibility, energy and environmental performance, are targeted the organizations mentioned in 1 ° as well as "those who have a certification justifying their legal, financial, logistical capacityAnd technique to analyze the See and validate the assessment of the impact of the building on the capacity of the building to respect the other construction rules ”, in the way of terms, there too, to be defined by order.
A certain vagueness therefore reigns in the matter, pending these orders.Le décret dispose d’ailleurs que les points 2) et 3) ci-dessus n’entreront en vigueur qu’à parution des arrêtés mentionnés, et au plus tard le 1er janvier 2024.In the meantime, he reputted competent a certain number of organizations, in the right of what provided for the license regime to experiment (see article 5 of the decree).
… And a certificate after
After execution of the work, as under ESSOC 1, a technical controller, whom the decree calls "verifier", must verify what has been achieved and deliver to the client a "certificate of good implementation" of the See.He performs his mission in accordance with the control protocol defined from the stage of the certificate of respect for the objectives.L’attestation de bonne mise en œuvre est, elle aussi, établie sur un formulaire électronique normalisé et comporte les mentions listées à l’articleR.112-5.The two certificates are transmitted by the client to the ministry (art.L. 112-9 etL.112-10), and the data thus collected may be used for statistical purposes and dissemination of experiences in particular, in compliance with the secrecy of affairs and intellectual or industrial property rights (art.R. 112-7 etR.112-8).
The date of deposit of the SEE, in the process of softening?
Note that at this stage, the legislative part of the CCH (art.L.112-9) always provides that the certificate of compliance with the objectives must be sent to the Minister "before the filing of the planning authorization request when the work for which the use of a SEE is envisaged are subject to such an authorization»».Le projet de loi de ratification de l’ordonnance devait assouplir ce point pour laisser au maître d’ouvrage la possibilité de faire valider une SEE jusqu’au démarrage des travaux ; cependant, déposé à l’Assemblée nationale en juillet 2020, ce projet de loi n’a depuis pas avancé d’un pouce… Et si la ratification de l'ordonnance est désormais prévue dans le cadre de l'article 45 ter ajouté au projet de loi Climat et résilience, cet assouplissement n'y figure plus, en l'état actuel du texte.
On the same subject of construction: the bill to ratify the ESSOC 2 ordinance creates a housing information book
Decree n ° 2021-872 of June 30, 2021 reciting the regulatory part of Book I of the Construction and Housing Code and fixing the conditions for implementing equivalent equivalent effect solutions
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