Which real-estate projects are concerned?

Any project that consumes land or creates artificialisation is exposed: new builds, developments and urban development zones, extensions. Local authorities, developers, investors and project-assistance firms increasingly have to demonstrate land sobriety and document the project's biodiversity performance.

Does Article 35 require biodiversity proof?

Article 35 does not create a certification obligation, but it increases regulatory and contractual pressure: local authorities, financiers and tenders increasingly request a documented biodiversity impact assessment. A diagnostic followed by an IRICE-signed BPS report builds defensible proof.

How can I quickly assess my exposure?

The free BiodiPass diagnostic pinpoints, in 10 questions, a project's regulatory exposure (Article 35, CSRD, Directive 2024/825) and the expected level of proof. The result is instant and requires no account.

French Climate & Resilience Act · Land sobriety · Biodiversity

Article 35: what biodiversity duties apply to your real-estate projects?

Q: What does Article 35 of the French Climate & Resilience Act set out?

Article 35 of Act No. 2021-1104 of 22 August 2021 sets the objective of reducing soil artificialisation, on the trajectory towards Net Zero Land Take by 2050, halving the pace of land take by 2031. It binds planning documents and, indirectly, project owners to justify land sobriety and to factor in biodiversity.

Article 35 of the French Climate & Resilience Act places real estate on the Net Zero Land Take trajectory. Here is what it means in practice, and how to assess then document your biodiversity exposure.

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1. What Article 35 sets out

From Act No. 2021-1104 of 22 August 2021, Article 35 enshrines in the planning code the objective of reducing soil artificialisation: halving the pace of land take by 2031, on the trajectory towards Net Zero Land Take by 2050. Planning documents must translate this objective, which flows directly into how projects are reviewed.

For a project owner, the consequence is clear: land sobriety and consideration of living systems become conditions of acceptability — at permit stage, in tenders, and with financiers.

2. Who is concerned

Local authorities & developers

Justify land sobriety of development zones and operations.

Property developers

Demonstrate limited land take of new builds.

Investors & property companies

Document the biodiversity exposure of an asset or portfolio.

Advisory & design offices

Equip the biodiversity section of their clients' files.

3. How to assess and document your exposure

1Pinpoint the exposure — a quick diagnostic shows whether your project calls for biodiversity proof, based on land, artificialisation and site sensitivity.
2Assess performance — a BPS (Biodiversity Performance Score) objectively measures the project's biodiversity performance across its key phases.
3Build the proof — an IRICE-signed BPS report provides a document that stands up to your stakeholders; an Effinature certification can secure your claims.

For more on corporate reporting, see our CSRD and ESRS E4 overview.

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Article published by BPS — Biodiversity Performance Score, a biodiversity scoring tool for the built environment published by IRICE. Informative content; it does not constitute legal advice on the application of the Climate & Resilience Act.