APER Law: obligations, exemptions and consequences for businesses in 2026

Mis à jour le 3 mai 2026

The APER law, enacted in March 2023, is changing the regulatory landscape for businesses regarding the installation of renewable energy. It imposes new obligations, particularly on car parks and the roofs of non-residential buildings, with specific deadlines to be met. This article explores these new rules in detail, solutions for compliance, possible exemptions, and the consequences of non-compliance, taking into account the adjustments made by the Huwart law.

Key Points of the APER Law for Businesses

• Businesses must comply with the APER law’s obligations concerning the solarisation of car parks and roofs, with deadlines varying according to the size and type of site (existing or new).
• Solutions to meet these requirements include the installation of photovoltaic canopies, greening of roofs and car parks, or collective self-consumption.
• Exemptions are possible under certain conditions, particularly for technical, safety, architectural, heritage, or landscape reasons, or in cases of disproportionate costs.
• Non-compliance with the APER law can lead to significant annual financial penalties, as well as administrative consequences and damage to the company’s image.
• The Huwart law introduces adjustments, particularly regarding the percentage of solar coverage for car parks and the primacy of solar projects over certain urban planning rules, offering increased flexibility.

Understanding the APER Law Obligations for Businesses

The APER law, enacted in March 2023, marks a significant step in accelerating renewable energy production in France. It strengthens and clarifies the requirements introduced by the Climate & Resilience law, specifically targeting large roof areas and already paved car parks. The main objective is to develop solar photovoltaic energy without consuming new land, while reducing our dependence on fossil fuels and protecting businesses from volatile electricity prices. In short, it aims to transform buildings and car parks into active participants in the energy transition.

Foundations and Objectives of the APER Law

The APER law is part of a broader ecological transition initiative. Its concrete objectives are to:

• Significantly increase the share of renewable energy in the French energy mix.
• Promote the deployment of solar photovoltaic energy by utilising existing surfaces.
• Reduce the carbon footprint of businesses and buildings.
• Contribute to achieving national climate objectives.
• Secure the energy supply for businesses.

The idea is to leverage existing infrastructure to produce clean energy, thereby transforming potential constraints into opportunities for sustainable development.

Scope: Which Types of Businesses are Concerned?

The APER law primarily targets businesses with large roof areas or car parks. This includes, in particular:

• Large retail outlets (hypermarkets, shopping centres).
• Industrial and logistics sites (warehouses, factories).
• Businesses in the agri-food sector.
• Business parks and enterprise zones.
• Tertiary buildings (offices).
• Public Access Buildings (ERP) with large ground footprints.

In essence, any structure with significant surface areas, whether it be the roofs of non-residential buildings or outdoor car parks, is potentially affected by these new obligations.

Distinction Between New and Existing Buildings

The APER law establishes distinct rules depending on whether the building or car park is new or existing. For new constructions or installations, the obligations apply from the moment the planning permission is obtained. For existing structures, gradual deadlines are granted for compliance, varying according to the size of the areas concerned. It is therefore essential to correctly identify the status of your site to anticipate the deadlines. For example, large existing car parks (> 10,000 m²) must be brought into compliance before 1 July 2026, while those of intermediate size (1,500 m² to 10,000 m²) have until 1 July 2028. New requirements for car parks are already in effect for new permit applications.

Key Deadlines for Car Park Compliance

The APER law imposes precise deadlines for businesses to bring their car parks into compliance with the new requirements. It is therefore essential to understand these deadlines to anticipate the necessary work and avoid penalties.

For existing outdoor car parks with a surface area exceeding 10,000 m², the deadline for compliance is set for 1 July 2026. This involves the installation of photovoltaic canopies or other renewable energy devices, covering a significant portion of the area. Therefore, steps must be planned now to meet this deadline. This obligation applies to both owners and managers.

Businesses with car parks between 1,500 m² and 10,000 m² have an additional deadline. Compliance must be effective before 1 July 2028. However, the Huwart law has introduced adjustments, potentially allowing for a postponement until January 2030 under certain conditions, notably a commitment to use more efficient European solar panels. It is important to note that the shading and rainwater management requirements for car parks over 500 m² are already in effect.

For car parks managed under concession or public service delegation, the rules are slightly different. If the contract is renewed before 1 July 2026, canopies must be installed by that date. If the renewal occurs after, the deadline is pushed back to 1 July 2028. In any case, 2028 represents the maximum deadline for these types of car parks.

New car parks, for which the urban planning permit application was submitted from 10 March 2023, are subject to immediate rules. They must integrate renewable energy solutions from their design stage. The solarisation obligation now takes precedence over local urban planning rules, meaning that local councils can no longer refuse a solar project for reasons related to the Local Urban Plan. It is therefore imperative to integrate these constraints from the project planning phase to avoid any administrative blockages. The APER law requires a minimum surface area to be equipped, often around 17.5% of the total area, combining shading and energy production.

Requirements for Non-Residential Building Roofs

The APER law imposes specific constraints regarding the equipment of non-residential building roofs. The objective is clear: to encourage renewable energy production and improve the environmental performance of constructions. These obligations apply to buildings with a roof area exceeding a minimum of 500 m².

Minimum Roof Area Concerned (> 500 m²)

If your non-residential building, whether for commercial, industrial, artisanal, administrative, warehouse, or even hospital or school use, has a roof area of over 500 m², it is subject to these new regulations. This also includes extensions or major renovations of such buildings if they exceed this surface threshold.

Obligation to Integrate Renewable Energy or Greening

To comply with the law, businesses have two main options: installing photovoltaic panels to produce solar energy, or implementing a roof greening system. These solutions aim to reduce carbon footprint and improve building thermal comfort. Solar panel installation is often presented as the most cost-effective measure, allowing for reduced energy expenses while enhancing property value. Greening, on the other hand, contributes to rainwater management, sound and thermal insulation, and promotes biodiversity in urban areas. It is important to note that these two measures are not mutually exclusive and can be combined.

Gradual Evolution of Surface Area Percentages to be Equipped

The requirements for the surface area to be equipped are evolving over time, allowing for gradual adaptation by businesses. The minimum percentages of the usable roof area to be covered are as follows:

• 30% until 30 June 2026
• 40% from 1 July 2026
• 50% from 1 July 2027

It is essential to anticipate these deadlines to plan the necessary work and avoid any penalties. The APER law not only sets objectives but also provides for financial penalties in case of non-compliance. These sanctions can reach €40,000 per year for the largest installations until compliance is achieved. It is therefore crucial to check the surface area of your roof and inquire about available solarisation support schemes.

Exemptions exist, particularly for technical, architectural, heritage, or safety reasons, but these must be justified and documented. Buildings classified as historical monuments or located in protected areas may also benefit from specific arrangements. It is recommended to conduct a precise diagnosis to assess the feasibility and constraints of each solution.

Solutions to Meet APER Law Requirements

Faced with the new APER law regulations, several options are available to businesses to achieve compliance. This is not just about obeying the law, but also about seizing opportunities to improve energy efficiency and brand image.

Installation of Photovoltaic Canopies on Car Parks

One of the most direct solutions for car parks is the installation of photovoltaic canopies. These structures generate electricity while providing protection from the weather for parked vehicles. This is an effective way to utilise already paved areas. For car parks over 1,500 m², the law now requires 50% of their area to be covered by solar panels, a measure that can be facilitated by these canopies. It is important to note that law no. 2025-1129 has introduced adjustments, allowing these installations to be combined with other systems to meet the obligations [11ea].

Greening of Roofs and Car Parks

Another approach is to green the surfaces. For non-residential building roofs over 500 m², the APER law progressively mandates the integration of renewable energy or greening. A green roof offers numerous benefits: improved thermal and acoustic insulation, rainwater management, reduction of urban heat islands, and support for biodiversity. This solution is perfectly acceptable for compliance, even without solar panels, and is often preferred in cases of specific technical constraints or to maximise environmental performance [4500].

Collective Self-Consumption as an Alternative

Collective self-consumption (ACC) represents another interesting avenue. This model allows multiple consumers to associate to produce and consume their own electricity, often from a shared installation. This can be a solution for businesses that do not have sufficient surface area for individual installation or wish to pool the costs and benefits of renewable energy production. ACC fosters local dynamics and strengthens energy resilience.

Combination of Solutions: Solar Panels and Green Roofs

It is entirely possible, and sometimes even recommended, to combine several of these solutions. For example, a portion of a large roof can be equipped with solar panels for electricity generation, while another part can be greened for its ecological and thermal benefits. Similarly, photovoltaic canopies in a car park can be complemented by green spaces or rainwater management systems. This hybrid approach optimises space utilisation and more comprehensively meets regulatory requirements and sustainable development goals.

Planning is key. Before choosing a solution, it is essential to conduct a precise diagnosis of available surfaces, verify technical constraints, and anticipate deadlines for smooth compliance.

Possible Exemptions and Derogations

Reasons Related to Technical or Safety Constraints

It is understood that the application of the APER law cannot be detrimental to safety or technical feasibility. Thus, derogations may be granted if the installation of the planned devices, whether photovoltaic canopies or green roofs, encounters insurmountable obstacles. This may concern geological constraints making foundations impossible, or natural or technological risks that would be aggravated by the installation. The idea is not to impose solutions that would create more problems than they solve. The APER law provides for cases where installation is simply not feasible under reasonable conditions.

Exemptions for Architectural, Heritage, or Landscape Reasons

The preservation of built heritage and landscapes is also taken into account. Buildings classified or listed as historical monuments, or located in protected areas (surroundings of historical monuments, remarkable heritage sites, classified or listed sites, core areas of national parks), may benefit from an exemption. The installation of solar panels or greening systems could alter the integrity of these sites. In such cases, strong justification is required, often accompanied by a certificate from the project owner attached to the planning application. It must be proven that the obligation cannot be met without compromising these values.

Consideration of Disproportionate Costs and Presence of Existing Trees

The economic aspect is not overlooked. If the cost of works to comply with the APER law is deemed disproportionate to the expected benefits, an exemption may be considered. This involves conducting a comparative techno-economic study, including quotes from specialised companies, to demonstrate that the investment is not economically viable. Furthermore, if a car park is already shaded by trees over at least half of its area, the obligation to install photovoltaic canopies may be waived. This is an acknowledgement of existing natural shade. Businesses can request a personalised APER Law diagnosis to assess their situation.

Cases of Car Park Transformation or Removal Projects

Finally, the APER law provides for provisions for situations where the car park itself is to be removed or significantly modified. If a project to transform or remove the car park is already planned and approved by a valid planning permission, the obligations to install canopies or greening may not apply. The aim is to avoid imposing investments on infrastructure with a limited lifespan or whose configuration will change radically. These specific cases may benefit from an exceptional regime, often subject to the approval of the competent urban planning authority, as provided for by the decree of 22 April which aims to accelerate certain procedures.

Financial Penalties for Non-Compliance with the APER Law

Annual Fine Amounts for Car Parks

Non-compliance with the obligations imposed by the APER law can lead to substantial financial penalties. These penalties are designed to encourage compliance within the stipulated deadlines. For existing car parks, the fine amount can be up to €20,000 per year for those with an area between 1,500 m² and 10,000 m². For larger car parks, exceeding 10,000 m², this fine can reach €40,000 per year. It is important to note that these penalties are applied annually, as long as the site is not compliant.

Application of Penalties Until Compliance

The administration has the option to formally request businesses to comply with the law’s requirements. If this formal request is not acted upon, the financial penalties continue to accumulate. This means that paying the fines does not exempt from the obligation to carry out the necessary work. The objective is clear: to ensure that the targets for renewable energy production and greening are met. It is therefore paramount to anticipate these steps to avoid the accumulation of these costs and potential administrative blockages.

Penalties for Non-Residential Buildings

Beyond car parks, the roofs of non-residential buildings subject to the solarisation or greening obligation are not exempt from penalties. In case of non-compliance, an administrative fine may be imposed. Although the exact amounts may vary, they can reach up to €20,000 for a non-compliant building. Furthermore, non-compliance with these obligations can have serious administrative consequences, such as the refusal of operating permits or the blocking of expansion projects. The APER law thus aims to accelerate the energy transition across the entire tertiary property sector by making penalties deterrent for latecomers. It is therefore advisable to check the relevant surface area of your roof and car park to anticipate deadlines before 2025-2028.

Non-compliance with APER law obligations can lead to significant financial costs and administrative complications. Proactive planning is key to avoiding these inconveniences and ensuring your company’s compliance.

Administrative and Reputational Consequences of Non-Compliance

Risks of Refusal or Blocking of Planning Permissions

Failure to comply with the APER law requirements can have direct repercussions on your development or renovation projects. The administration may indeed refuse to issue new building or renovation permits if the law’s obligations are not met. Similarly, ongoing works could be suspended. This can lead to considerable delays and unforeseen additional costs for your business. It is therefore essential to verify the compliance of your installations before submitting any planning permission application.

Additional Urban Planning Constraints

Beyond the simple blocking of permits, non-compliance with the APER law can lead to the imposition of restrictive measures by the authorities. These may include stricter urban planning requirements for future projects or even the obligation to carry out corrective works at the company’s expense. The aim is to force compliance, but this often comes at the expense of flexibility and initial project planning. These constraints can affect the economic viability of certain operations.

Impact on Company Image and Stakeholder Pressure

Beyond purely administrative and financial aspects, non-compliance with the APER law can seriously damage your company’s image. In a context where environmental responsibility is increasingly scrutinised, being identified as a poor performer can have negative consequences on your reputation with customers, partners, and even employees. Local authorities, environmental associations, and the general public are increasingly attentive to these issues. A poor image can translate into a loss of trust and increased pressure from all stakeholders. It is important to note that administrative sanctions may be made public, amplifying this effect. Good management of these obligations contributes to an image of a responsible company.

• Permit Refusal: The administration may refuse any new application if APER obligations are not met.
• Suspension of Works: Ongoing construction sites may be halted immediately.
• Additional Requirements: Stricter urban planning constraints may be imposed for future projects.
• Publicity of Sanctions: Fines and corrective measures may be made public, harming reputation.

Anticipation and proactive compliance are not only legal obligations but also a guarantee of sustainability and a good image for your company in the face of current environmental challenges.

Modifications Introduced by the Huwart Law

The Huwart law, which came into effect on 26 May 2026, introduces significant adjustments to the APER law, particularly concerning car park solarisation. These modifications aim to simplify procedures and further encourage the deployment of renewable energy.

Adjustments to Car Park Solarisation Obligation

The Huwart law clarifies the obligation to equip car parks. Initially, the requirement was to cover a significant portion of the area with photovoltaic panels. The new legislation introduces a more flexible approach, allowing for a combination of solar panels and greening to achieve the objectives. The obligation now concerns the creation of a shaded area, of which 35% of the surface must be covered by photovoltaic panels, while the remaining 65% can be greened. This combination brings the effective solar coverage to approximately 17.5% of the total car park area, thus offering more adaptation possibilities.

Strengthening the Primacy of Solar Projects over Urban Planning Rules

An important aspect of the Huwart law is the strengthening of the primacy of solar projects over local urban planning rules. From now on, local councils will not be able to oppose a solar panel installation project on a car park for reasons related to the Local Urban Plan (PLU). This measure aims to accelerate the implementation of renewable energy projects by reducing administrative hurdles and facilitating the planning of these installations. This is a notable advancement in simplifying administrative procedures streamlined by the APER law.

Potential Postponement of Compliance Deadlines

The Huwart law also provides for arrangements concerning deadlines. For car parks with an area between 1,500 m² and 10,000 m², the initial deadlines of 2026 and 2028 are maintained. However, a postponement option is offered, allowing for compliance until January 2030. This additional deadline is conditional on a contractual commitment to use solar panels manufactured in Europe and recognised for their performance. This flexibility granted to businesses allows for better investment management and gradual adaptation to new requirements.

Flexibility on Renewable Energy Production Devices

Finally, the Huwart law expands the options for complying with obligations. Instead of being limited to photovoltaic canopies, it is now possible to install any other renewable energy production device on the car park. The condition is that this device generates energy production equivalent to that expected from solar panels. This opening allows for innovative solutions tailored to the specificities of each site, while contributing to the overall energy transition. The law aims to simplify the development of these installations, as shown by the simplified procedures introduced by recent laws.

Financing Energy Transition Without Capital Outlay

The Third-Party Investment Model for Solar Projects

The APER law imposes constraints, particularly for car parks and roofs, which require investment. Fortunately, there are solutions to carry out these projects without impacting your cash flow. Third-party investment is an increasingly adopted approach by businesses.

The principle is simple: an external investor finances the installation (e.g., photovoltaic canopies on your car park). In return, they benefit from the revenue generated by the sale of the electricity produced or by self-consumption. Your business, on the other hand, benefits from the installation (shade in the car park, energy production) without having to disburse significant initial capital. This is a way to comply with legal obligations while achieving energy savings or generating additional revenue.

Valuing Land Without Using Own Funds

This method allows you to enhance your spaces, such as your car parks, by transforming them into renewable energy production units. You do not need to use your own funds to carry out this work. The investor covers all installation, maintenance, and operating costs. Your commitment is generally limited to providing the land and signing an electricity purchase or usage rights agreement.

The main advantage lies in transforming a cost (compliance) into an opportunity for revenue or savings, without impacting your financial balance sheet. Businesses can thus focus on their core business while actively participating in the energy transition.

Benefiting from Solar Production Revenue

Several models exist for third-party investment. In some cases, the investor assigns you a portion of the revenue from electricity sales. In others, you benefit from a preferential rate for the electricity you consume directly (self-consumption). The precise terms depend on the contract negotiated with the third-party investor. It is important to carefully study the proposals to choose the one that best suits your needs and objectives.

Here are the general steps to implement a third-party investment project:

• Diagnosis and Feasibility Study: Assess the solar production potential of your site and associated costs.
• Search for a Third-Party Investor: Identify and select a financial partner.
• Contract Negotiation: Define the terms of the agreement (duration, rates, responsibilities).
• Installation and Operation: The investor carries out the work and manages the installation.
• Benefits: You benefit from the installation and any generated revenue or savings.

This type of financing is particularly relevant in the current context where public aid is evolving such as those concerning energy renovation. It offers a sustainable solution for financing the ecological transition of businesses.

The Importance of Planning and Diagnosis

Before embarking on work or investments, it is essential to fully understand the implications of the APER law for your business. Rigorous planning and precise diagnosis are the first steps towards successful and trouble-free compliance.

Check the Concerned Area and Site Status

The first thing to do is to determine if your business is affected by the law. This primarily depends on the surface area of your car parks and non-residential building roofs. For car parks, it is necessary to distinguish between existing and new ones, and to check if they exceed the thresholds of 1,500 m² or 10,000 m². The site status must also be considered: is it a private, public, concessioned, or public service delegated car park? Each case has its own deadlines and procedures. Similarly, for non-residential buildings, the minimum roof area of 500 m² is the main criterion. It is therefore essential to conduct a precise inventory of your infrastructure.

Anticipate Deadlines and Specific Obligations

The APER law sets deadlines for compliance, which vary according to the size and type of site. For example, large existing car parks over 10,000 m² must be equipped by 1 July 2026, while those between 1,500 m² and 10,000 m² have until 1 July 2028. New projects must integrate the requirements from the planning permission application stage. Ignoring these deadlines can lead to significant financial penalties. It is therefore advisable to consult the calendar of key deadlines for car park compliance and plan the work well in advance.

Request a Personalised APER Law Diagnosis

To gain a clear understanding of your obligations and suitable solutions, it is highly recommended to engage a professional for an APER Law diagnosis. This diagnosis allows you to:

• Precisely identify the concerned areas.
• Assess technical, architectural, or safety constraints that might justify an exemption.
• Determine the most relevant solution: photovoltaic canopies, greening, or a combination of both.
• Estimate the cost of the works and identify potential financial aid.
• Establish a realistic action plan and timeline for compliance.

An early diagnosis not only helps avoid penalties but also transforms a regulatory constraint into an opportunity to improve your company’s energy performance and image.

This preparatory work is key to calmly approaching the energy transition required by the APER law and to choosing the most profitable and suitable systems for your specific situation. Industry professionals also offer recommendations to facilitate these steps.

To get your solar project off to a good start, it is essential to plan well and conduct a thorough diagnosis. This will allow you to know exactly what you need and how to achieve it. Leave nothing to chance! To learn more about how we can help you, visit our website today.

A Look to the Future: Integrating the APER Law into Business Strategy

In summary, the APER law marks a turning point for French businesses. The deadlines of 2026 and beyond are not just cut-off dates, but invitations to rethink the use of our spaces. Ignoring these new rules risks financial penalties, but also means missing out on opportunities. Considering the installation of canopies or the greening of roofs is not just about compliance; it’s also about investing in a more sustainable future and potentially reducing energy costs. It is therefore time to view these obligations not as a constraint, but as a necessary step for a successful energy transition and to ensure the sustainability of your business in an evolving world.

Frequently Asked Questions

What is the APER law and why was it created?

The APER law is like a new regulation to encourage the use of solar energy and other clean energies. It was created because France needed to produce more green energy to help the planet and be less dependent on energy from afar. The idea is to use already built areas, like roofs and car parks, to install solar panels or other ecological solutions.

Which businesses need to be concerned about this law?

Mainly, businesses that have large surface areas, whether it’s building roofs not used for housing (like warehouses, shops, offices) or fairly large outdoor car parks. If your building is over 500 m² or your car park is over 1,500 m², there’s a high chance this law concerns you.

What are the important dates to remember for car parks?

For existing car parks, it’s a bit different depending on their size. The largest ones, over 10,000 m², must be compliant before 1 July 2026. For those between 1,500 m² and 10,000 m², the deadline is extended to 1 July 2028. New car parks must comply with the law as soon as the permit to build them is requested.

Can we choose something other than solar panels to comply with the law?

Yes, absolutely! The APER law allows for several options. For roofs, in addition to solar panels, you can also choose to green the roof, meaning to cover it with plants. For car parks, the main idea is to provide shade (with solar canopies, for example) and manage rainwater, but greening is also an interesting option.

What happens if a business does not comply with the APER law?

If a business does not do what the law requires, it risks fines. These fines can be paid each year until the business becomes compliant. For large car parks, this can amount to up to €40,000 per year. In addition to fines, there can be other problems, such as refusals for building permits or a negative image for the company.

Are there situations where a business can be exempt from these obligations?

Yes, there are cases where one can be exempted. For example, if installing solar panels or greening poses significant technical problems, if it creates a danger, or if it damages a historic building or a protected landscape. If the costs are truly too high compared to the benefits, or if there are already many trees providing shade, this can also be a reason for exemption.

How can these installations be financed without spending too much money upfront?

That’s an excellent question! There are solutions to avoid paying everything at once. ‘Third-party investment’ is an option: another company handles everything (payment, installation, maintenance), and the business that owns the car park or building benefits from the shade or the energy produced. It’s a way to improve your site without using your own funds.

What should I do to be sure I understand what my situation requires?

The first thing to do is to carefully check the size of your surface areas (roofs and car parks) and see if they exceed the thresholds required by law. It’s also important to know if your buildings are new or old. The best approach is often to request a specialised ‘APER Law’ diagnosis. An expert can tell you exactly what you need to do and when.