How do you meet the requirements of the Tertiary Decree?

What is the Tertiary Decree?

The Decree imposes strict targets on buildings in the tertiary sector; as a result, they must progressively reduce their energy consumption. Furthermore, this measure applies to buildings or parts of buildings with a floor area of 1,000 m² or more dedicated to tertiary activities. Whether you are an owner, lessor, or lessee, you are subject to this decree. Importantly, even if you are not the owner, you are still responsible for the energy consumption associated with the operation of the building.

Reduction targets by 2050

Decree establishes clear guidelines, progressive targets for reducing energy consumption.

• 40% reduction by 2030,
• 50% by 2040,
• 60% by 2050.

These targets can be met in two ways: in relative terms, compared with current consumption levels. Or in absolute terms, by achieving an energy performance defined by regulations.

Mandatory annual monitoring under the Tertiary Decree

To ensure compliance with these targets, those subject to the decree must therefore declare their energy consumption every year. Specifically, this declaration is made via the OPERAT platform, and must be completed by September 30. By doing so, this declaration makes it possible to monitor consumption trends over time. Moreover, it also guarantees that efforts are sufficient to meet the reduction targets.

Levers for action to reduce energy consumption

To meet the requirements of the Tertiary Sector Decree, there are several levers of action available to you:

• Equipment modernization : Install more energy-efficient equipment, such as energy-saving heating or air-conditioning systems.
• Building insulation: Improve the building's thermal envelope (roof, walls, windows).
• Optimizing operations: It is essential to install building management systems (BMS). These systems enable consumption to be monitored and optimized in real time.
• Raising occupant awareness: It's important to train building occupants to adopt energy-saving behaviors. This includes actions such as switching off appliances on standby and managing room temperature.

Penalties for non-compliance

Failure to comply with the obligations of the Tertiary Decree may therefore result in sanctions. To clarify, the prefect may give formal notice to the offender to comply with their obligations within three months. Consequently, failure to comply may result in an administrative fine of 7,500 euros. In addition, a “name & shame” system can be activated. In other words, this system publicly exposes non-compliant companies on an official website.

Energy Management System (EMS): mandatory from 2025

From 2025 onwards, every commercial building must be equipped with an Energy Management System (EMS). In other words, this system is designed to monitor and analyze energy consumption on an ongoing basis. For instance, it enables us to identify areas for improvement and implement the necessary actions. Above all, this ongoing monitoring is essential if we are to achieve the reduction targets set by the decree. To sum up, implementing an EMS is crucial for compliance and energy efficiency.

Challenges and benefits

Decree has been designed to meet several major challenges:

• Reducing energy costs: Less energy consumption means lower energy bills for businesses.
• Combating climate change: By reducing energy consumption, the tertiary sector contributes to the reduction of greenhouse gas (GHG) emissions.
• Improving occupant comfort: Well-insulated, energy-efficient buildings provide a more comfortable working environment for employees.

How do I comply?

Here are the main steps you need to take to comply with the Tertiary Decree:

• Carry out an energy audit: Although not mandatory, it is highly recommended. It identifies your building's weak points and opportunities for reducing consumption.
• Carry out energy renovation work: Improve insulation, replace energy-hungry equipment, optimize management of heating and air-conditioning systems.
• Train occupants: Raise awareness of energy-saving practices among building users.

Financial assistance available

A number of grants are available to finance renovation work. The CEE (Energy Savings Certificate) bonus is one of the most important. It can be used to finance a large part of the work. Other grants can also be combined, such as those from ADEME, CIPE, local subsidies, ECO-PTZ (zero-rate eco-loan), or green loans.

The Decree imposes a gradual but essential energy transition on the French building stock. Companies have everything to gain by committing to this approach. It benefits both the planet and their own bottom line.

Installing Nexelec collectors to meet the requirements of the Tertiary Decree

To comply with the requirements of the Tertiary Decree, it is often necessary to install specific sensors. Nexelec sensors are the ideal solution for meeting building management requirements.

Nexelec sensors are designed to monitor in real time the parameters essential to optimal energy management: temperature, humidity, air quality, etc. By integrating these sensors into your system, you can not only comply with regulatory requirements, but also maximize your building's energy efficiency.