Biodiversity and sustainable real estate news
The vocabulary used in the construction and environmental sectors is often confusing. The terms "label," "certification," "authorization," and "accreditation" are frequently used interchangeably, even though they are based on very different principles, obligations, and levels of control. This article clarifies these distinctions and outlines the legal framework of accreditation, which is often misunderstood and sometimes wrongly claimed.
1. Four categories of tools: a clear hierarchy
1.1. State labels: public recognition
The state-issued labels are:
- defined or validated by a ministry or public authority,
- supported by a regulatory framework,
- institutionally recognized.
They promote an approach or a public policy. They do not constitute a certification and do not involve control by an independent third-party body.
1.2. Private labels: voluntary commitment
The private labels are:
- created by an association, a professional organization or a company,
- structured around an internal charter,
- issued on the basis of a voluntary approach.
They promote a sectoral intention or approach, but are not based on any normative requirements. They are not subject to the oversight of a national accreditation body.
1.3. Non-accredited private certifications
Some organizations issue “certifications” without accreditation. These include:
- of an internal system,
- without independent oversight,
- without external control,
- without formal normative obligation.
The value of such a certification depends exclusively on the credibility of the issuing body.
1.4. Accredited certifications: the highest level of trust
An accredited certification is based on:
- a public method,
- an evaluation by a third-party organization
- an independent decision
- an accreditation issued by the national accreditation body (in France: COFRAC),
- compliance with an international standard (e.g. ISO 17065).
This is the highest level of recognition, as it is placed under institutional control.
2. Understanding accreditation: a legally defined term
2.1. Legal definition
The term “accreditation” is strictly defined by Regulation (EC) 765/2008:
"Accreditation: a certificate issued by a national accreditation body recognizing an organization's competence to carry out conformity assessment activities."
This text is directly applicable in France.
This involves three principles:
- Only organizations can be accredited.
- An individual skill can never be “accredited”.
- Accreditation is institutional recognition, not internal recognition.
2.2. In France: the COFRAC monopoly
France applies the European regulation according to a clear principle:
Only one body is authorized to accredit: COFRAC.
This monopoly is registered:
- in the Consumer Code (L.433-1),
- in the decree of December 19, 2008.
No private or non-profit organization can “accredit” anyone.
2.3. An assessor can never be accredited
An assessor can be:
- shape,
- authorized,
- evaluated,
- recognized as competent by an association or private structure.
But legally:
→ an assessor is not accredited;
→ an assessor cannot be accredited;
→ The term “accredited” applied to a person is incorrect.
The accreditation relates exclusively to:
- the organism,
- his system,
- its processes,
- his impartiality.
2.4. Internal validation vs. accreditation: two opposing realities
It is essential to distinguish between:
Internal validation
- recognition of competence by a private structure
- internal procedure,
- without external supervision,
- without normative value.
Accreditation
- institutional recognition,
- control by the national body,
- regular audits,
- requirement for impartiality,
- conformity to an international standard
- institutional value.
The confusion between the two misleads the actors.
3. Concepts of evidence, impartiality and enforceability
3.1. Chain of Evidence: A Structuring Requirement
A credible assessment is based on:
- verifiable data,
- complete traceability,
- metadata,
- regulated storage.
This is a requirement in accredited systems.
3.2. Impartiality: a fundamental rule of international standards
The standards (ISO 17065, ISO 17020, ISO 14065) require:
- the strict separation between advice and evaluation,
- the prevention of conflicts of interest,
- independent governance,
- external control.
An evaluator should not support a project on which he or she gives an opinion.
3.3. Enforceability: what this actually means
An assessment is legally binding when:
- It is based on evidence.
- It is reproducible.
- it commits the organization,
- It is independently controlled.
4. Consequences for project owners and investors
4.1. Securing the project
Accredited certification offers:
- an impartial framework,
- a recognized method,
- a responsibility undertaken.
4.2. Credibility with financial stakeholders
ESG requirements, the Taxonomy, and CSRD are strengthening the demand:
- independent evaluations,
- verifiable data,
- of comparable analyses.
4.3. Risk Management
Non-normative approaches may present:
- a risk of confusion,
- a lack of traceability,
- a lack of external oversight.
4.4. Clarity of communication
Certification enables communication:
- legible,
- framed,
- verifiable.
Conclusion
The landscape of environmental tools is diverse, but their status and value are not equivalent. State labels, private labels, private certifications, and accredited certifications operate according to distinct principles and do not entail the same responsibilities. Accreditation, strictly regulated by Regulation (EC) 765/2008, currently represents the highest level of trust. It imposes impartiality, evidence, and institutional oversight that guarantee a level of reliability that neither private labels nor internal validations can offer.
