An ambitious but necessary regulation
The Tertiary decree, also called “Tertiary Eco-Energy System”, is a French regulation that aims to reduce the energy consumption of tertiary buildings. It is part of the Loi Élan (Evolution of Housing, Development and Digital Technology) enacted in 2018 and imposes obligations to gradually reduce energy consumption in buildings for tertiary use. Here is a detailed explanation of the tertiary decree:
1. Background and Objectives
- Legislative context : The tertiary decree is one of the measures taken by France to respect its commitments in terms of energy transition and the fight against climate change. It derives from the Loi Élan and is part of the Climate Plan, which aims to achieve carbon neutrality by 2050.
- Objectives : The main objective of the tertiary decree is to significantly reduce the energy consumption of tertiary buildings. The targeted reductions are:
- 40% by 2030,
- 50% by 2040,
- 60% by 2050, compared to a reference year that cannot be earlier than 2010.
2. Scope of application
- Buildings concerned : The decree applies to all buildings, parts of buildings or groups of buildings for tertiary use whose floor area is greater than or equal to 1,000 m². This includes offices, shops, hotels, educational and health institutions, etc.
- Floor area : The floor area taken into account is that intended for tertiary activities, excluding spaces for residential or industrial use.
3. Obligations of owners and occupants
- Reduction in energy consumption : Owners and tenants of buildings subject to the tertiary decree must take measures to reduce the energy consumption of buildings in line with the objectives set for 2030, 2040, and 2050.
- Monitoring and reporting : Each year, the actors concerned must declare their energy consumption on the OPERAT online platform (Observatory for Energy Performance, Renovation and Tertiary Actions) managed by ADEME (Environment and Energy Management Agency) online platform. This statement includes energy consumption and actions implemented to improve energy efficiency.
- Action plan : Owners and occupants must draw up an action plan to achieve reduction goals. This may include renovation work, the installation of energy management systems, the optimization of technical equipment (heating, lighting, ventilation), and actions to raise awareness among occupants.
4. Calculation methods and reference year
- Reference year : Energy consumption is evaluated in relation to a reference year that can be chosen between 2010 and the year preceding the implementation of reduction actions. This allows for flexibility in measuring progress.
- Two calculation options :
- Percentage reduction : Reduction in energy consumption expressed as a percentage compared to the reference year.
- Objectives in absolute value : Achievement of a level of energy consumption defined by a threshold set according to the type of activity and the characteristics of the building. These absolute values are published by ministerial decree and vary according to uses.
5. Penalties and penalties
- Financial sanctions : In case of non-compliance with obligations, financial sanctions may be imposed. The sanctions include an administrative fine of up to 1,500 euros for a natural person and 7,500 euros for a legal entity.
- “Name and Shame” : In addition to fines, non-compliant companies can be publicly listed, which can damage their image (principle of “name and shame”).
- Catch-up : If a building does not meet the objectives, a corrective action plan must be put in place and specific measures must be taken to compensate for the discrepancies.
6. Exemptions and adjustments
- Exemptions : Exemptions may be granted if the reduction targets are deemed technically, economically or socially impossible to achieve. In this case, an application should be filed with appropriate justification.
- Special cases : For buildings with specific constraints (for example, historic buildings), adjustments to the objectives may be considered, always subject to justification.
7. Expected impact and benefits
- Reduction of CO₂ emissions : By reducing the energy consumption of tertiary buildings, the decree contributes directly to the reduction of greenhouse gas emissions, thus aligning France with its climate objectives.
- Energy savings : The actions taken to comply with the decree will make it possible to achieve substantial savings on the energy bills of the buildings concerned.
- Valorization of heritage : Buildings that have carried out the necessary renovations will see their heritage value increase, as they will be more attractive for companies concerned about their environmental impact and the control of their operational costs.
- Improving comfort : Measures taken to reduce energy consumption can also improve the comfort of occupants (better insulation, optimized lighting, improved thermal management).
8. Links with other regulations
- Complementarity with the BACS decree : The tertiary decree is complementary to the BACS decree, which requires the installation of automation and control systems in tertiary buildings to improve energy efficiency.
- Broader environmental regulations : The tertiary decree is part of a larger set of regulations aimed at improving the energy efficiency of buildings in France, such as the 2020 Environmental Regulation (RE2020) for new buildings.
9. Tools and resources for implementation
- OPERAT platform : Main tool for monitoring, reporting and analyzing energy consumption in tertiary buildings. It allows users to report their data, track their performance, and access recommendations to achieve goals.
- Guides and training : ADEME and other organizations offer practical guides, training and advice to help building owners and managers comply with the tertiary decree.
In summary, the tertiary decree is an ambitious regulatory measure aimed at reducing the energy consumption of tertiary buildings in France, with clear reduction objectives in the short, medium and long term. It encourages players in the sector to take concrete actions to improve energy efficiency, while offering significant economic and environmental benefits.
