GOUACHE lawyers is at the service of trade networks

The Grenelle on 3 August 2009, I act defined objectives of drastic reduction in energy consumption. At this title, the offices and shops will have reduced their consumption of primary energy by 38 in 2020 for the existing buildings. Analysis of Jean-Baptiste Gouache, founder of the Gouache lawyers cabinet.

The implementation of the objectives of the Grenelle of the environment

To implement these objectives, the Grenelle II Act, considered in second reading on 28 June, is obliged to introduce an environmental schedule as early as January 1, 2012 in commercial leases. It's almost tomorrow. The signs must prepare. Why

The stakes for signs and traders

Firstly because these appendices - some are already proposed by funders, UNIBAIL or IMMOCHAN - define modes of consumption of the policyholder (use of ecological materials for the arrangement, the store waste sorting, modification of the characteristics and the use of lighting and air conditioning). This means that signs will have to quickly integrate the constraints resulting from the annexes related to the use of certain materials for development to the concept and environmental: this adaptation should be expected, under penalty of delaying the start of construction, or visa of the lessor on the record of work in non-compliance of the folder in the environmental schedule Mall. This means that signs will have to train their staff to new rules for the use of the premises: use of air conditioning, lighting, selective sorting of waste. Certain environmental annexes already provide monetary penalties for offences under the rules of use. A policy of human resources management, including delegations, will have to be implemented by licensees to permit the application of environmental annexes.

The problem of implementing the standards:

So in 2020 38 of primary energy consumption reduction target is not reached by the change of behaviour of the trader (only duty today actually prescribed by the environmental green lease schedules), a modification of the characteristics of the building must be committed to that it be maintained to standards. The costs are difficult to anticipate and may be out of reach of the financial capacity of the lessee. The issue is not trivial: If the lease departs from article 606 of the civil Code, putting the standard of the local implementing the responsibility of the lessee, should sign only the cost of the work In the presence of leases, operating a total transfer fee to the standards of the premises of the lessor to the lessee, the Court of cassation tends more to judge these inoperative clauses, believing that these expenditures required by nature to the lessor under its obligation to issue section of the civil Code 1719. However, signs, if they do not want to be in a position of having to deal with litigation risk, have any interest in compelling dialogue with donors to anticipate if possible the distribution of loads of up to standard. In a Word, green leases are no longer for signs a prospective subject, but should be treated as a current concern. If it is not yet known if signs must bear the financial burden of implementing the standards, on the other hand it is clear that they will be the first beneficiaries of support savings resulting.

GOUACHE lawyers is at the service of trade networks. The core business of the firm is the Organization and the legal management of networks of distribution of products or services. Gouache Counsel advises many national signs in commercial leases and has a particular expertise of shopping centres and institutional donors.