In France, environmental responsibility has prompted the government to introduce the Elan law. The tertiary sector decree on energy consumption requires professionals to implement actions to limit their consumption within tertiary buildings. With the first deadline set for 2030, companies need to react fairly quickly. But do you know what the sanctions or penalties are for non-compliance with the tertiary sector decree? With fines of up to €7,500 for legal entities, Covalba takes a closer look at the risks associated with the tertiary sector decree.
Who is affected by the tertiary decree?
The tertiary decree of the Elan law concerns a large number of professionals. The decree governs energy consumption in commercial buildings.
More specifically, the decree applies to all commercial buildings with a surface area of over 1,000 m². This includes not only shops and restaurants, but also administrations, leisure facilities and schools.
What are the obligations under the tertiary sector decree?
The tertiary decree imposes two main obligations on professionals:
- An energy audit, to be carried out every four years, to monitor changes in the company's energy consumption. The results of these audits must be entered on the platform set up by ADEME: OPERAT. This allows the government to monitor each file and consult the objectives of each professional. 👉 F ind out how to correctly calculate your energy consumption to comply with the requirements of the tertiary sector decree and ensure reliable reporting.
- The use of energy-saving solutions. The very principle of the tertiary sector decree is to limit the energy consumption of tertiary sector buildings by 60% by the year 2050. With this in mind, companies can use solutions such as the cool roof to optimize their thermal performance. The chosen solution(s) are implemented via an action plan.
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What are the penalties for non-compliance with the tertiary sector decree?
Failure to comply with obligations linked to the tertiary decree exposes companies to a fine. This penalty can be applied both in the event of failure to declare the information requested on the OPERAT platform and in the event of failure to provide an energy-saving solution.
The administrative fine applicable under the tertiary sector decree can reach up to €1,500 for an individual and €7,500 for a legal entity. It should be noted that these sums are applicable for each building owned by the professional, which can very quickly multiply the overall bill.
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