
Understanding the energy performance guarantee and the performance contract
The difference between a best-efforts obligation and a performance guarantee (results obligation)
On a standard job, the tradesperson is usually under a best-efforts obligation: they implement techniques that comply with accepted standards, without promising a specific consumption figure. With a performance guarantee, you contract around a measurable target (kWh, euros, temperature, comfort). If the target isn't met under the agreed method, corrective actions or compensation may apply.
The work involved: insulation, heating, ventilation, regulation
Performance is rarely determined by a single trade. Contracts generally cover a "package" of work, to limit air leaks and setting drift.
- Insulation and treatment of thermal bridges.
- Heating, hot water production, and balancing.
- Ventilation (flow rates, maintenance, air quality).
- Regulation and control, with usage monitoring.
Who commits to what: tradesperson, engineering firm, operator, client
The engineering firm sets the baseline and does the sizing. The tradesperson commits to correct execution and settings. An operator may hold the performance contract and organize measurement over time. The client provides the data, follows the usage instructions, and handles maintenance. In 2026, clarity of responsibilities makes all the difference.
Framing the targeted performance: indicators, method, and evidence to produce
Choosing clear indicators: kWh/m²/year, actual consumption, summer/winter comfort
Set 2 or 3 benchmarks. A target in kWh/m²/year (derived from an energy performance certificate or an audit). Monitoring of actual consumption via bills or remote metering, distinguishing heating, hot water, and possibly cooling. And a comfort indicator, for winter (temperature reached) and summer (overheating, perceived comfort).
Defining the scope: usage, weather, occupancy, equipment, and settings
Performance depends on the framework. Specify the usage included, the reference weather (degree-days), occupancy, internal gains, and equipment. Note the key settings (setpoints, heating curve, ventilation, schedules). Otherwise, an "energy saving" could come from a change in behavior rather than from the work itself.
Measurement and verification: readings, metering, monitoring, and handover reports
Before, during, after. Keep simple evidence. Meter readings, photos of labels and settings, commissioning records, and 12-month monthly monitoring. The handover report lists tests, reservations, and documents delivered. That's your baseline for the guarantee.
- Metering plan and measurement points.
- Up-to-date manuals, as-built files, diagrams, and certificates.
- Test results where they exist (flow rates, balancing, airtightness).
Drafting a solid performance contract: clauses that protect your guarantee
Essential clauses: targets, tolerances, duration, responsibilities, and exclusions
Set measurable targets (kWh, euros, comfort). Define the measurement method, the tolerances, and the commitment period. Clarify who does what between the works, operation, maintenance, and consumption monitoring. Add exclusions that prevent disputes (how the home is used, extensions, change of occupants, deliberate overheating). That's the basis of a guarantee that's easy to read.
Fine-tuning and setup plan: hydraulic balance, ventilation, programming
Include a dated fine-tuning plan. It should cover the hydraulic balance of the networks, ventilation flow rates, the heating curve, setpoints, and programming. Plan for a settings report and the handover of the manuals, so performance doesn't stay on paper.
Managing gaps: corrective actions, penalties, guarantee cap, and timeline
Organize the handling of gaps with a timeline. Diagnosis within X days, corrective actions, then a check. Plan a simple penalty or bonus mechanism, a guarantee cap, and the conditions for accessing data. You stay in control, without promising the impossible.
Limiting field risk: best practices for holding the guarantee day to day
Before the works: energy audit, technical visit, points of vigilance, and detailed quote
Before starting, secure the project with an energy audit or, at minimum, an on-site technical visit. Note the constraints. Existing ventilation, humidity, networks, access, drainage. Record them in the quote with clear assumptions and reservations if needed. A well-framed quote avoids misunderstandings that weaken the guarantee.
During the job: installation quality, traceability, product data sheets, photos, and checks
Install according to accepted standards, French technical guides (DTU), and manufacturer manuals. Keep simple traceability. References, serial numbers, technical data sheets, energy labels. Take photos at key stages before closing up. Run checks. Airtightness, settings, functional tests. This on-site evidence protects the guarantee in case of a dispute.
After the works: client support, manuals, maintenance, and consumption monitoring
At handover, provide a clear file. Plans, manuals, product data sheets, test reports, usage instructions. Explain the maintenance. Filtering, cleaning, contract, and frequency depending on the equipment. Offer a check-in after 1 or 2 months to verify the settings and monitor consumption. This follow-up limits callbacks and secures the guarantee.
Financing and compliance in 2026: aligning guarantee, performance, and contract
RGE, insurance, and responsibilities: ten-year liability, professional liability insurance, subcontracting, and joint contracting
In 2026, public financing and the ten-year liability guarantee are decided as early as the quote stage. Check for an up-to-date RGE qualification on the relevant trade. Also make sure professional liability insurance is active. In subcontracting, formalize the assignments and require proof of insurance. In joint contracting, clarify who handles the handover and the performance commitments.
Link with MaPrimeRénov' and CEE: documents to provide and consistency of performance targets
MaPrimeRénov' and CEE require detailed quotes and invoices, with RGE mentions, product specifications, and treated surface areas. Align the announced performance — for example, the thermal resistance of an insulation material or the efficiency of a heat pump — with the audit or the supported renovation pathway. That's the best way to avoid a payment being blocked or a request for further documents.
Documents to hand over: handover report, as-built file, certificates, and evidence
Hand over a dated handover report. Add a simple as-built file, manuals, diagrams, technical data sheets, and photo evidence. Plan for the MaPrimeRénov' end-of-works certificate and the CEE sworn statement, signed and consistent with the invoices.
Key figures
guaranteed savings over X years
Commitment
5 to 15 years
EPC duration
reimbursement
Penalty if not met
Frequently asked questions
Plan for at least one full heating season, often 12 months of monitoring, with monthly readings (bills or remote metering) and weather-adjusted data (degree-days). Add a 1-to-3-month fine-tuning period after handover to refine settings (heating curve, balancing, ventilation flow rates) before locking in the results.

Louis Meneteau
CPO of Argile

