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Biodiversity claims

EU Directive 2024/825

Legal framework for environmental claims in real estate: understanding what is permitted, liabilities and withdrawal obligations.

Compliance marker

Directive (EU) 2024/825, known as "Empowering Consumers" (ECGT), was adopted on 28 February 2024. Member States had to transpose it by 27 March 2026; it has applied since 27 September 2026. It prohibits, among other things, generic environmental claims whose specification is not given on the same medium, sustainability labels that rest neither on a certification scheme nor on a public authority, and neutrality claims based on offsetting. The advertiser, the party that makes the claim, is liable for it. Sanctions: the EU-coordinated cap (Omnibus Directive 2019/2161) is at least 4% of turnover; under French law, the fine for a misleading commercial practice can be raised to 10% of average annual turnover or, where it rests on an environmental claim, 80% of the expenditure incurred on the advertising or the practice (Article L. 132-2 of the Consumer Code).

The legal framework: EU Directive 2024/825

EU Directive 2024/825 on environmental claims redefines the communication rules for all sectors, including real estate. Its objective: to combat greenwashing by prohibiting generic or unsubstantiated claims and labels that rest on no certification scheme.

Fundamental principle

Since 27 September 2026, Directive (EU) 2024/825 prohibits, among other things, generic environmental claims whose specification is not given on the same medium, sustainability labels that rest neither on a certification scheme nor on a public authority, and neutrality claims based on offsetting. A specified and substantiated claim remains permitted; third-party certification is the safest way to substantiate it.

Three distinct levels of proof

1 Approach

Internal, operational. Ecological design process, environmental management, team involvement.

Example: "Design based on an ecological site survey; measures listed in the environmental statement".

2 Assessment

External, assessed. Score, analysis, diagnostic carried out by a third party.

Example: "BPS score of B, on a scale from A+ to G" or "Ecological diagnostic carried out by an independent ecologist".

3 Certification

Independent, formal. Decision of a third-party certification body, against a public standard, entered in the register.

Example: "Operation certified Effinature NCO 25.05, certificate No. [number], verifiable in the public register".

Note: under Directive (EU) 2024/825, a sustainability label may only be displayed if it rests on a certification scheme, with monitoring by a third party independent of the scheme owner and of the trader, or is established by a public authority. Accreditation under ISO/IEC 17065 is one recognised way of demonstrating that third party's competence and independence. For Effinature, issued by IRICE: Cofrac accreditation No. 5-0655 · Certification of products, processes and services · ISO/IEC 17065 · Scope available on www.cofrac.fr. This accreditation covers the EFFINATURE and EFFINATURE HVE certification programmes.

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A suite of 5 field diagnostics operated by IRICE (BiodivPass, TerraLink, GroundCheck, FaunaLog, HabitatCheck) that feed into the Biodiversity Performance Score. Lite mode is free without an account; Pro mode requires a qualified account.

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What is permitted, what is not

Structured comparison: defensible claims under Directive 2024/825 versus those presenting legal risk.

✓ Permitted

"Operation certified Effinature NCO 25.05, certificate No. [number], verifiable in the public register"

Formal certification, third-party decision, verifiable in the public register.

"BPS score of B: assessment and attestation signed by IRICE"

Documented assessment, attestation signed by IRICE.

"Biodiversity certification issued by an ISO/IEC 17065 accredited body"

Formal, documented proof issued by a third party.

"BREEAM New Construction certification"

Recognised third-party scheme, formalised independent audit.

"Design based on an ecological site survey; measures listed in the environmental statement"

Statement of internal process, permitted if the specification is given on the same medium.

✗ Risky / Prohibited

"Biodiversity-friendly project"

Claim without formal proof. Potential greenwashing. Enforcement risk.

"Biodiversity label obtained"

If the label rests neither on a certification scheme nor on a public authority (point 2a of Annex I).

"Zero net loss commitment"

Promise without independent verification or formalised monitoring. Unverifiable commitment.

"More environmentally friendly"

Vague comparison without objective criteria or documented third-party proof.

"Self-declared Effinature compliance"

A certification cannot be self-declared: only the IRICE decision, entered in the public register, establishes it.

Liability and claim withdrawal

Who is liable?

The advertiser, the party that makes the claim, is liable for it. Consumer law and enforcement practice lead to the following principles:

  • • The developer or marketer (the advertiser) is responsible for substantiating every environmental claim made to the consumer or the public (B2C). For B2B reporting (investors, financiers), the applicable frameworks are rather CSRD (ESRS E4), SFDR and the taxonomy.
  • • The advertiser remains liable for its claims. The certification body sets the rules for using the certification and its mark, checks that they are followed and acts on any misuse.
  • • However, if the certification itself is suspended or revoked, the operator must immediately withdraw any claim referencing it.

Legal withdrawal obligations

You must withdraw or correct a claim immediately if:

  • 1
    Certification revoked: The certification body has withdrawn or suspended your certification. The claim no longer has a basis.
  • 2
    Enforcement authority request: The enforcement authority identifies a non-compliance or a misleading practice. You have a legal obligation to remedy.
  • 3
    Enforcement ruling: An administrative or judicial decision has established the misleading nature of the claim.
  • 4
    Framework revoked: The standard or norm on which your claim is based has been withdrawn or invalidated.

Withdrawal mechanism and timelines

Timeline: the one set by the administrative injunction or the court decision; in practice, correct without waiting.

Scope of withdrawal: All communications and materials publicising the claim (website, marketing documents, social media, press, reports) must be updated. Simply removing the claim from the website is insufficient if it also appears in printed reports or contractual documents.

Three levels of proof, one communication strategy

Combine the 3 levels according to your context and audiences: their combination is what makes a claim sound.

Level Function What substantiates the claim Public claim?
Approach Internal ecological process, design, governance None. Internal evidence only. With caution
Assessment Assessment, diagnostic, score by a third party Assessment documented by a third party, within its scope. Recommended with audit
Certification Decision of a third-party certification body, against a public standard Third-party decision, verifiable in the public register. Permitted

Four articulation scenarios

Scenario 1: Approach only

Context: Small project, internal communication, no public claim.

Use: Documentation of the ecological approach, justification to teams and internal stakeholders. No public claim.

Scenario 2: Approach + Assessment

Context: B2B communication, investors, market pre-qualification.

Use: Documented approach + BPS score assessed by a third party. Can substantiate statements limited to the assessed scope ("assessed approach", "score of X").

Scenario 3: Approach + Assessment + Certification

Context: Major project, strong public claims, ESG/SFDR investors, marketing.

Use: The 3 levels work together: approach (the what and the why), assessment (the score), certification (the proof). Public claims rest on a third-party decision, verifiable in the public register.

Scenario 4: Claims without substantiation (To avoid)

Risk: Greenwashing. Enforcement exposure.

Example: "Biodiversity-certified project" without actual certification. Formal notice + fine.

Key principle

The more public the claim and the broader the audience (investors, media, advertising), the more independent and formal the substantiation must be. The advertiser is liable for its claims. Certification does not transfer that liability to the certifier: it gives the advertiser third-party evidence, verifiable in the public register.

Carbon claims: the same rules apply

Directive 2024/825 does not only cover biodiversity claims. It applies to all environmental claims, including those relating to carbon and climate. For real estate, the most exposed claims are:

At-risk carbon claims

  • "Low-carbon construction site" without actual measurement or documented methodology
  • "Carbon-neutral building", or any neutral, reduced or positive climate impact claimed on the basis of offsetting (prohibited in all circumstances, point 4c of Annex I)
  • "RE2020 outperformed" without data verifiable by a third party
  • "Carbon footprint reduced by X%" against an undocumented baseline scenario

Substantiated carbon claims

  • Efficarbone measurement with EN 15978 methodology, modules A4-A5 documented
  • Primary data auditable by a third-party body
  • Measured reduction against a transparent baseline scenario

The principle is identical to biodiversity claims: the more public and quantified the claim, the more independent the proof must be. A developer claiming a "low-carbon construction site" in their commercial communication is exposed to the same sanctions as an unsubstantiated biodiversity claim: enforcement notice, formal demand, fine.

Carbon substantiation tools: Efficarbone: construction carbon measurement · ESRS E1: climate

CBCA (Chantier Bas Carbone): NORMATYS standard in preparation. Today, carbon claims rest on actual measurement.

Frequently asked questions

Directive (EU) 2024/825 was adopted on 28 February 2024 and published in the Official Journal of the European Union on 6 March 2024. Member States must transpose it by 27 March 2026, for application since 27 September 2026. Environmental claims are, moreover, already regulated under existing consumer protection law, and the enforcement authority (DGCCRF in France) is active.

The advertiser, i.e. the party that publicly makes the claim (project owner, developer, property company), is liable for the claim and bears the risk of sanction. IRICE sets the rules for using its certification and its mark and requires any misleading reference to be corrected.

The Directive only permits displaying a sustainability label if it rests on a certification scheme or is established by a public authority. A certification scheme meets 4 conditions: open and non-discriminatory access, requirements developed by the owner with experts and stakeholders, procedures for withdrawal or suspension, and monitoring by a third party independent of the owner and of the trader, on the basis of standards such as ISO/IEC 17065.

A certification issued by an accredited certification body provides solid evidence for substantiating an environmental claim. IRICE: Cofrac accreditation No. 5-0655 · Certification of products, processes and services · ISO/IEC 17065 · Scope available on www.cofrac.fr. This accreditation covers the EFFINATURE and EFFINATURE HVE certification programmes. The advertiser remains liable for how it cites the certification.

Yes. Directive 2024/825 covers all environmental claims without distinction. A carbon claim (e.g. "low-carbon construction site") must be substantiated by verifiable data in the same way as a biodiversity claim.

Making an environmental claim?

Biodiversity or carbon: 3 questions to ask before publication.

  1. 1 Is your claim specified on the same medium (what is claimed, on which scope, with which evidence)?
  2. 2 Does the label you display rest on a certification scheme or on a public authority?
  3. 3 Can you justify every public claim if the enforcement authority asks?

Document each answer before publication.