Are we heading towards penalties for those who do not respect the instruction to put the heating at 19 degrees in their homes? It sounds unrealistic but yet, a law is already in place! It even dates back many years and specifies the possible penalties and fines.
[Updated October 5, 2022 at 4:14 p.m.] Faced with the risks of energy shortages and power cuts this winter, the government has already given its directives through Prime Minister Elisabeth Borne: “the rule, it is to heat up to 19 degrees” she recalled on many occasions. To achieve its objective of a 10% reduction in energy consumption in France, for individuals and businesses, could the government decide to distribute fines in the event of non-compliance? In reality, the measure already exists! Linternaute.com has found traces of a decree setting the general rules for the construction of residential buildings in 1969, modified in 1974 and which even sets the amount of possible fines (see the decree, the latest version of which dates from 2005)!
In 1974, to cope with the oil crisis that had occurred a year earlier, the decision-makers of the time encouraged the population to heat themselves to this famous temperature of 19°C, in all the rooms of the dwelling. It is clear that this value now serves as a reference, as it is coming back to the fore with the energy crisis that Europe has been going through since the start of the war in Ukraine. In the event of non-compliance with the maximum desired temperature, the government could therefore proceed with the verbalization of the recalcitrant with 5th class fines, if we rely on this old decree which has never been applied in practice. In fact, these fines can go up to 1,500 euros, as indicated in article 131-13 of the Penal Code. Be aware that this fine can even double in the event of a repeat offense and reach 3000 euros.
Theoretically, the government can decide to verbalize users who do not respect the heating limit temperature announced by Elisabeth Borne. However, the situation has changed since 1974 and even ADEME recommends temperature variations depending on the rooms, occupied or not (17 degrees for example for a bedroom, 19 degrees for a living room and up to 21 when is in the bathroom). It is therefore difficult to see this decree being applied one day and even more difficult to imagine agents coming to take the temperature at your home to verbalize you! Do not panic, almost 50 years old, this decree seems difficult to apply for individuals. And for businesses? The presentation of the energy sobriety plan by the government this Thursday, October 6 will perhaps give some answers…
