What are the risks in case of non-declaration on the OPERAT platform?
March 16, 2023
Environmental compliance is monitored at the level of each functional entity, and the owners and lessees of each of these entities are subject. Declarations on the OPERAT digital platform must be made by owners and lessees, and controls and administrative sanctions also concern the owner and lessee of each functional entity subject to them. In the event of non-compliance with the objectives, responsibilities are assessed according to the distribution of actions and actions carried out by each of the stakeholders in terms of managing the equipment and systems they operate. The "name & shame" and financial sanctions apply to each of the functional entities, which means that in the case of a tertiary co-ownership, this applies to each tertiary activity lot that has not complied with the obligations.
Non declaration on OPERAT by the tenant: risk for the tenant
The declaration on the OPERAT platform is a regulatory obligation for the owners and tenants of each functional entity subject to it, in accordance with article R.174-27 of the Construction and Housing Code. If a tenant does not comply with this obligation, the control services can identify them and initiate the procedures provided for in article R.185-2 of the same code. In order to identify potential taxpayers who have not created their account on OPERAT, a database has been established and will be updated annually.
The services will then contact these potential taxpayers to inform them of their obligations and invite them to create their account on OPERAT within a period that could be 3 months. If the tenant does not create his account within this period, he will be given formal notice to transmit the information on the OPERAT platform within a period of 3 months. If the formal notice remains without effect, a "name & shame" publication on a website of the State services will be made, in accordance with article R.185-2 of the CCH.
What are the risks for the lessor?
Although tenants and owner-occupiers are primarily responsible for reporting consumption data, landlords, property syndicates and condominium associations are also responsible for reporting distributed consumption and common area consumption to each lessee and owner-occupier, in accordance with the provisions of Article R.174-28 of the CCH regarding mutual reporting of energy consumption.
What are the financial penalties?
Decree No. 2019-771 of July 23, 2019 contains provisions relating to administrative sanctions, which specify that financial penalties may be imposed in the event of non-compliance with the obligations mentioned under Article R.185-2 of the Construction and Housing Code.
Financial penalties may be imposed for failure to submit an action program to the prefect or for failure to comply with the action program approved by the prefect. The amount of the fine is €1,500 for a natural person and €7,500 for a legal person. Legal entities are also criminally liable for offences committed by their bodies or representatives. The police regulatory authority may adapt the penalties according to the seriousness of the violations observed.