Decree No. 2023-1173 of 12 December 2023 amending the system of ... https://www.legifrance.gouv.

fr/jorf/id/JORFTEXT000048560371

Decree No. 2023-1173 of 12 December 2023 amending the system of

certificates to be provided at the time of the deposit of building permits
and the declaration of completion of work for certain construction
projects located in certain areas subject to seismic risk or in a medium
or high range subject to a risk of withdrawal and swelling of the clay
soils
NOR: TREL2316014D
Access to the consolidated version
ELI: https://www.legifrance.gouv.fr/eli/decret/2023/12/12/TREL2316014D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2023/12/12/2023-1173/jo/texte
JORF No. 0289 of 14 December 2023
Text No. 43
Initial version

To the public concerned: developers, construction managers, builders and developers, architects, design firms,
technical inspectors, construction companies, owners of building plots.
Purpose: Definition of seismic zones and categories of buildings for which certification of compliance, at the
design stage and completion, of the rules on seismic hazards are required (pursuant to articles L. 122-8 and L.
122-11); definition of the content and procedures for carrying out certificates of compliance with the rules for the
prevention of seismic risks and risks related to clay terrain (in accordance with Article L. 122-14).
Entry into force: 1 January 2024.
Package leaflet: pursuant to Articles L. 122-8 and L. 122-11 of the Building and Housing Code, the Decree
defines seismic areas and categories of buildings for which a certificate of compliance with the rules on seismic
hazards (provided for in article L. 132-2) is required at the design stage (to be attached to the application for a
building permit) and the completion of the work (to be attached at the time of the declaration of completion and
compliance of the work).
Pursuant to article L. 122-14 of the same Code, the decree determines the content and procedure for carrying
out certificates of compliance with the rules on seismic hazards (L. 122-8 and L. 122-11) and certificates of
compliance with the rules for the prevention of risks related to clay soils (provided for in articles L. 132-4 to L.
132-9) for projects in the areas referred to in article L. 132-4.
References: this decree in the Council of State is issued for the implementation of Ordinance No. 2022-1076 of
29 July 2022 to strengthen the control of the rules on the construction. The provisions introduced and amended
by the Decree are available on the Legifrance website (https://www.legifrance.gouv.fr).

The Prime Minister,

On the report of the Minister for Ecological Transition and Territorial Cohesion,
Having regard to the Construction and Housing Code, in particular its articles L. 122-8, L. 122-11 to L. 122-14;
Having regard to the Environment Code, in particular its articles L. 563-1, R. 563-3 and R. 563-4;
Having regard to the Town Planning Code, in particular its articles R. 431-16 and R. 462-4;
Having regard to the opinion of the Higher Council for Construction and Energy Efficiency of 11 July 2023;
Having regard to the opinion of the National Council for the Evaluation of Standards of Standards of 7
September 2023;
The Council of State (Section of public works) heard,
Decret:

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Article 1

The regulatory part of the town planning code is amended to read:

I.-E of article R. 431-16 is replaced by the following:
“(e) The certificate of compliance with the rules for earthquake-resistant construction at the design stage as defined in
Article R. 122-36 of the Building and Housing Code;”.
II.-Article R. 462-4 is replaced by the following:

“Art. R. 462-4.- In the cases provided for in articles R. 122-37 and R. 122-38 of the Construction and Housing Code, the
declaration of completion of the works shall be accompanied by certificates of compliance with the rules of earthquake-
construction, as well as the rules of construction linked to the risk of withdrawal and swelling of the clay soils. ”

Article 2

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At the end of Chapter II, Chapter II, of Book I, of the Statutory Part of the Construction and Housing Code, the following
articles shall be added:

“Art. R. 122-36.--The employer shall have the document drawn up in article L. 122-8 attesting to compliance with the
conditions of earthquake-resistant construction at the design stage in accordance with the following provisions:
“I.-The buildings and seismic zones mentioned in paragraph 1 of article L. 122-8 of this Code are:
“(a) Buildings belonging to categories of importance II, III and IV and situated in seismic areas 3,4 and 5 within the
meaning of articles R. 563-3 and R. 563-4 of the Environment Code;
“(b) Buildings belonging to categories of importance III and IV and situated in seismic zone 2 within the meaning of
articles R. 563-3 and R. 563-4 of the Environmental Code.
“The employer shall transmit to the person certifying all the documents at his disposal. If these are not sufficient to
enable the person responsible to carry out the certificate to take a decision, the latter may request the master of the
work to provide him with the necessary additional documents.
“III.-The document attesting to compliance with the rules on seismic hazards at the design stage shall contain at least
the following information:
“(a) The contact details of the employer;
“(b) References to the construction operation;
“(c) The contact details of the person carrying out the certificate;
“(d) The seismic zone of the property and the category of the building;
“(e) The main technical information necessary to justify compliance, at the design stage, with the seismic construction
rules provided for in Article L. 563-1 of the Environment Code.
“In the case where the construction is subject to a seismic risk prevention plan, the certificate shall then attest to the
preparation of the preliminary study provided for in article R. 431-16 of the Urban Planning Code for Seismic Risk only.
“A decree of the Minister in charge of construction shall specify the procedure for the application of this article, in
particular the main technical information contained in the certificate.

“Art. R. 122-37.-The employer shall have the document drawn up on article L. 122-11 attesting, upon completion of the
work, compliance with the seismic risk rules as follows:
“I.-The buildings and seismic areas referred to in Article 1 of Article L. 122-11 of this Code are:
“(a) Buildings belonging to categories of importance II, III and IV and situated in seismic areas 3,4 and 5 within the
meaning of articles R. 563-3 and R. 563-4 of the Environment Code;
“(b) Buildings belonging to categories of importance III and IV and situated in seismic zone 2, within the meaning of
articles R. 563-3 and R. 563-4 of the Environmental Code.
“The employer shall transmit to the person certifying all the documents at his disposal. If these are not sufficient to
enable the person responsible to carry out the certificate to take a decision, the latter may request the master of the
work to provide him with the necessary additional documents.
“III.-The document attesting to compliance with the rules on seismic hazards at the end of the work shall contain at least
the following information:
“(a) The contact details of the employer;
“(b) References to the construction operation;
“(c) The contact details of the person carrying out the certificate;
“(d) The seismic zone of the property and the category of the building;
“(e) The main technical information necessary to justify compliance with the seismic construction rules provided for in
Article L. 563-1 of the Environment Code.
“A decree of the Minister in charge of construction shall specify the procedure for the application of this article, in
particular the main technical information contained in the certificate.

“Art. R. 122-38.--The employer shall have the document drawn up in article L. 122-11 certifying, upon completion of the
work, compliance with the rules on risks related to clay soils as follows:
“I.-The employer shall transmit to the person establishing the attestation all the documents at his disposal. If these are
not sufficient to enable the person responsible to carry out the certificate to take a decision, the latter may request the
master of the work to provide him with the necessary additional documents.
“The document attesting to compliance with the rules on the risks associated with the clay land at the end of the work
shall contain at least the following information:
“(a) The contact details of the employer;
“(b) References to the construction operation;
“(c) The contact details of the person carrying out the certificate;
“(d) The area category exposed to the phenomenon of differential terrain movement following drought and soil

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“(d) The area category exposed to the phenomenon of differential terrain movement following drought and soil
rehydration according to the classification referred to in article R. 132-3;
“(e) The main technical information necessary to justify compliance with the rules on construction for the prevention of
the risks associated with the clay land provided for in articles L. 132-4 to L. 132-9.
“III.-A decree of the Minister responsible for the construction shall specify the procedure for the application of this article,
in particular the main technical information contained in the certificate. ”

Article 3

This Decree shall enter into force on 1 January 2024.

The certificates required for the completion of the works for constructions whose application for a town planning
authorization was submitted before 1 January 2024 and the declaration of which attesting to the completion and
conformity of the work is filed before 1 January 2025 may be carried out in accordance with the provisions pre-existing
of this Decree.

Article 4

The Minister for Ecological Transition and Territorial Cohesion and the Minister Delegate to the Minister for Ecological
Transition and Cohesion of the Territories, who is responsible for housing, shall be responsible, each for the
implementation of this Decree, which shall be published in the Official Journal of the French Republic.

Done on 12 December 2023.

Elisabeth Borne
By the Prime Minister:

The Minister for Ecological Transition and Territorial Cohesion,

Christopher Béchu

The Minister attached to the Minister for Ecological Transition and Cohesion of the Territories, responsible for
housing,
Patrice Vergriete

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