Real estate • Energy audit to be provided in the event of a loan, bank guarantee, security interest

Ministerial Order no. 2024-530 of 3 October 2024 (JDM no. 8716 of 11 October 2024) amends article 96 - Energy audit of Ministerial Order no. 2018-613 of 26 June 2018 on the thermic characteristics of new buildings, renovations of existing buildings and extensions, as amended.

It is added that a copy of the currently valid energy audit (assessing the building's energy consumption and its impact in terms of greenhouse gas emissions) (valid for 10 years), or a copy of the audit summary sheet, must be attached (not only to sales or rental contracts, but also) to:

• any loan contract for the purchase or renovation of a property,
• any bank guarantee contract intended to cover the risk of non-payment by the tenant,
• any security interest in immovable property granted to a banking institution.

Note: This new provision also applies to contracts in force when the Ministerial Order comes into force on 12 October 2024. In this case, the bank may ask the owner or tenant for a copy of the audit summary sheet.

The full version of the energy audit must be supplied in digital format on request from the buyer, tenant or owner.