Solarization of parking lots: The DDADUE Law grants a conditional reprieve
The obligation to solarize outdoor parking lots, initially established by the 2023 APER Law (Acceleration of Renewable Energy Production), ran up against a timeline considered unrealistic by many property owners. Faced with the complexity of economic arrangements and technical constraints, flexibility mechanisms became necessary.
A demanding timeline
Owners concerned by the requirement to equip their parking facilities of more than 1500 m2 with photovoltaic canopies first had to carry out an economic feasibility analysis and secure their contractual arrangements. The first attempt at postponement, resulting from the “Green Industry” Law, proved largely ineffective, as it required projects that were already highly advanced in 2024.
The contribution of the 2025 DDADUE Law
To address these difficulties and encourage the use of second-generation panels, the law of April 30, 2025 laying down various provisions for adaptation to European Union law (“DDADUE Law”) — a text associated with the Huwart Law on the simplification of urban planning law — intervened to once again amend Article 40 of the APER Law.
This new framework introduces an additional deadline for parking lots of more than $10 000 \ m2 initially subject to the 2026 deadline. The extension is subject to justification of several clear contractual steps:
- Commitment contract with down payment: no later than December 31, 2025.
- Purchase order concluded: before June 30, 2026.
- Installation scheduled: before January 1, 2028.
In addition, the selected panels must imperatively meet technical, environmental, and supply resilience criteria, the details of which will be specified by decree.
This second postponement offers project developers some breathing space, but it is important to note that the text retains a drafting uncertainty regarding the exact procedure for submitting supporting documents to the authorities, which still undermines the visibility necessary to secure operations.
