Tertiary decree: everything you need to know

The decree sets up the Tertiary Eco Energy Scheme (DEET), obliging the owners and managers of these buildings to adopt innovative, sustainable solutions. They must promote energy renovation and integrate modern technologies to improve energy efficiency. The text proposes clear reduction targets, reinforcing the transition to a greener, more sustainable economy.

Much more than just a legal obligation, the tertiary sector decree offers opportunities to modernize the infrastructure of professional buildings in France. By adopting these measures, companies can not only comply with the legislation, but also achieve significant energy savings and contribute to a more sustainable future.

Legislative framework

The tertiary sector decree is essential to reducing the energy consumption of tertiary buildings in France. It is part of a broader legislative framework, including the ELAN law, and continues to evolve with new texts. These regulations place a strong emphasis on energy performance to limit climate impacts.

ELAN law and regulatory context

The ELAN law (Evolution du Logement, de l'Aménagement et du Numérique), adopted in 2018, lays the foundations for the tertiary decree. It aims to transform the French real estate landscape, making urban areas more sustainable. The tertiary decree, under this law, requires all tertiary buildings to progressively reduce their energy consumption.

Publication and implementation of these legislative provisions respond to the need to limit the impact of climate change. The government ensures compliance by issuing annual attestations of compliance. All owners and tenants must comply with the targets to avoid penalties.

Developments and related texts

Since it was first published in September, the tertiary sector decree has undergone several amendments to make it more precise and applicable to various activities. One of the most recent texts, BAT-EN-112, clarifies specific expectations for different building types.

Developments include stricter criteria for monitoring and assessing energy performance. The process also incorporates digital tools to facilitate monitoring and help stakeholders meet the new obligations. These developments strengthen the ability of regulations to maximize the positive impact on the energy consumption of tertiary buildings.

💡 Read our full report on current energy regulations

Obligations and objectives

The tertiary sector decree requires tertiary buildings to significantly reduce their energy consumption by 2050. This legal obligation is based on a precise timetable, accompanied by rigorous monitoring measures.

Imperative reductions in consumption

The targets set by the decree are ambitious. Commercial buildings are required to reduce their final energy consumption by 40% by 2030, 50% by 2040 and 60% by 2050, compared with the 2010 baseline. These reductions are essential to reduce environmental impact and support climate commitments.

Large companies and services need to put into action practical strategies, such asenergy optimization and the adoption of new technologies to achieve these targets, notably within the framework of theTertiary Energy Efficiency (TEE).

This applies in particular to buildings with constant high consumption, such as supermarkets, where temperature constraints are strictly regulated for health and energy reasons.

👉 Find out more about the temperature standards applicable to supermarkets, a key issue in meeting the objectives of the tertiary decree.

Each organization must regularly declare its energy consumption on the OPERAT platform to ensure monitoring and compliance with regulatory targets.

Schedule of deadlines

Compliance deadlines are strict, in line with reduction targets. The first results must be declared by December 2023. Thereafter, annual declarations are mandatory to maintain compliance and track progress until 2050.

This timetable calls for rigorous planning. Buildings in the tertiary sector must carry out an energy audit as soon as possible to establish reduction strategies. They must also keep abreast of the innovations and technological solutions available to meet the regulatory deadlines.

These deadlines are essential to ensure that all stages of the decree are met, and that the progressive energy transition is underway.

Implementation

Implementing the tertiary sector decree means gradually reducing energy consumption in commercial buildings. This requires a clear understanding of the regulatory criteria and rigorous monitoring of audits under the tertiary sector decree, as well as energy audits.

Criteria and methodology

The tertiary sector decree requires companies to follow specific steps to reduce energy consumption and thus reduce their carbon footprint. It is essential to choose a reference year before 2010 to compare progress.

Buildings over 1,000 m² must meet specific targets for reducing energy consumption. Energy consumption factors help to measure impact and adjust strategies.

Failure to comply with the decree may result in regulatory penalties, making this a crucial step for companies.

Energy audit and reporting

An energy audit is essential under the tertiary sector decree. This audit assesses average consumption per kWh per square meter, and identifies ways to improve.

👉 Learn how to calculate your energy consumption according to the requirements of the tertiary decree to establish a reliable baseline.

Regular reporting is crucial to document progress towards reducing greenhouse gas emissions. This monitoring ensures that the strategies put in place are effective.

Correct application of the decree requires reliable reports that demonstrate efforts to reduce energy consumption in buildings. Constant monitoring helps avoid sanctions.

Monitoring and control

When implementing the tertiary sector decree, monitoring and control play a crucial role in ensuring reduced energy consumption in tertiary buildings. The tools available enable progress to be monitored and any necessary corrective measures to be identified.

OPERAT platform and data management

The OPERAT platform, developed by ADEME, centralizes data collection and management. Owners and tenants are required to enter their annual energy consumption data. Operat can be used to monitor deviations from targets. The tool offers detailed analyses thanks to its reporting functions.

Theorder of April 10, 2020 describes data management procedures and guides foraction. OPÉRAT encourages players to take improvement measures based on reliable data.

Sanctions and responsibilities

Failure to meet targets may result in sanctions. Regular checks are carried out, and financial penalties may apply in the event of non-compliance. Responsibilities are shared between owners, tenants and managers.

The entities concerned must draw up a well-defined plan to achieve the objectives. Sanctions for non-compliance with the tertiary sector decree are an incentive to respect the legal framework and contribute to climate change. The annual reports filed on OPÉRAT at the end of December serve as a reference for assessments.

Solutions and technologies

To meet the requirements of the tertiary sector decree, it is essential to explore innovative solutions and financial assistance. Technological innovations in energy efficiency can significantly reduce energy consumption. In addition, a number of subsidies and financial incentives are available to reduce the cost of these investments.

Innovations in energy efficiency

Modern technologies such as cool roofs play a crucial role in energy efficiency. These reflective roofs reduce heat absorption, thus reducing the need for air conditioning. Energy-saving certificates for roofing encourage companies to adopt such innovations.

Intelligent energy management systems optimize the use of resources. They monitor and adjust lighting, heating and air conditioning in real time. Automation in commercial buildings reduces waste and improves overall efficiency. By integrating these technologies, building owners not only meet their legal obligations, but also benefit from substantial energy savings.

Subsidies and financial assistance

To facilitate the adoption of efficient technologies, various cool roof subsidies are available. These financial aids cover part of the installation costs. Certificats d'Économies d'Énergie (CEE) offer additional incentives to encourage the implementation of energy efficiency measures.

The amount of the CEE bonus depends on the energy savings achieved through the improvements. Companies can thus recoup part of their investment. These grants motivate companies to undertake the work needed to comply with environmental requirements. By taking advantage of these subsidies, owners can modernize their infrastructures while reducing their energy costs.