Solar panels: decree sets conditions for postponement for parking lots

Decree No. 2026-842 of September 7, 2026, published in JORF No. 0209 of September 8, 2026 under NOR ECOI2616434D, sets out the technical characteristics that photovoltaic solar panels must possess to allow owners of outdoor parking lots to postpone the deadline for their solarization obligation. Signed by the Ministry of Economy, Finance and Industrial, Energy and Digital Sovereignty, the text falls within the framework of Article 40 of Law No. 2023-175 of March 10, 2023.

The decree distinguishes between two categories of parking lots based on their surface area, each subject to specific module assembly conditions. It repeals and replaces Decree No. 2024-1104 of December 3, 2024, which only covered parking lots with a surface area equal to or greater than 10,000 square meters.

Strict Technical Criteria

To benefit from the additional time, the installed panels must meet six cumulative conditions, which are identical for both categories of parking lots:

• an efficiency (ratio between the energy received by the exposed surface and the energy produced) strictly greater than 22%;
• an annual decrease in energy efficiency of less than 0.4% after the first year;
• a simplified carbon assessment of less than 740 kgCO₂eq/kWp;
• a product warranty of at least 12 years (covering manufacturing defects);
• a performance warranty of at least 30 years (the panel must produce at least 80% of its nominal capacity);
• module assembly conditions according to the category of the parking lot.

Two Regimes Based on Surface Area

Article 1 of the decree concerns parking lots with a surface area equal to or greater than 10,000 square meters. For these, the module assembly must be carried out by a company that does not carry out the majority of its module production in a third country representing more than 50% of the European Union’s supply of photovoltaic panels, with production assessed at the group of companies level as defined by INSEE.

Article 2 targets parking lots with a surface area less than 10,000 square meters and greater than 1,500 square meters. For this category, the module assembly must be carried out within the European Economic Area, and the manufacturing of the cells must not be carried out in a third country representing more than 50% of the European Union’s supply.

Justification and Control

When the owner uses a third party for the installation, they must provide proof, within the time limits provided by law, of a commitment contract and a purchase order for panels that comply with the stated conditions. These conditions must be specified in these documents.

The annex to the decree details the control procedures. The evaluation is carried out by a certification body accredited according to the NF EN ISO/IEC 17065:2012 and NF EN ISO/IEC 17025:2017 standards, which issues a certificate with a maximum duration of 12 months. The administrative authority may conduct annual sampling checks on the modules placed on the market, focusing particularly on compliance with the contractual carbon footprint, the declared power, and the cell thickness.

A direct impact for local authorities

This decree has a direct impact on local authorities and parking lot managers, who now have a precise framework for choosing compliant panels and postponing their solarization deadline. By imposing thresholds for yield, carbon footprint, and guarantees, the government is directing investments toward higher-performance and lower-emission equipment, while regulating the origin of production. The concerned owners must ensure, upon signing their contracts, that the selected panels meet these criteria to benefit from the additional time.

Official source: Decree No. 2026-842 of September 7, 2026, relating to the characteristics of photovoltaic solar panels allowing for a postponement of the deadline for the obligation imposed on outdoor parking lots with an area exceeding 1,500 square meters, NOR ECOI2616434D, published in the Official Journal of the French Republic (JORF No. 0209) on September 8, 2026.