How do you meet the requirements of the Tertiary Decree?

What is the Tertiary Decree?

The Tertiary Decree imposes strict targets on buildings in the tertiary sector. They must progressively reduce their energy consumption. 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, landlord or tenant, you are subject to this obligation. Even if you are not the owner, you are still responsible for the obligation to reduce the energy consumption associated with the operation of the building.

Reduction targets by 2050

The Tertiary Decree sets clear and 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 to current consumption. Or in absolute terms, by achieving a smart energy performance defined by the regulations. Integrating smart solutions into energy management can facilitate this transition, optimising systems more efficiently.

Mandatory annual monitoring under the Tertiary Decree

To ensure that these objectives are met, those subject to the scheme must declare their energy consumption every year. This declaration is made via the OPERAT platform, and must be completed before 30 September. This declaration makes it possible to monitor changes in consumption and energy data. It also guarantees that efforts are sufficient to achieve the objectives of reducing energy data.

Levers for action to reduce energy consumption

To meet the requirements of the Tertiary Decree, several courses of action are available to you:

• Modernisation of equipment: Install more energy-efficient equipment, such as economical heating or air-conditioning systems, reducing energy use.
• Insulation of buildings: Improve the thermal envelope of the building (roof, walls, windows) to limit the use of energy for heating and air-conditioning.
• Optimisation of operation: It is essential to set up building management systems (BMS). These systems make it possible to control and optimise the use of consumption in real time.
• Raising awareness among occupants: It is important to train building occupants to adopt energy-efficient behaviour. This includes actions such as switching off appliances on standby and managing the temperature of the premises.

Penalties for non-compliance

Failure to comply with the obligations of the Decree Tertiary may result in sanctions. The prefect may give the offender formal notice to comply with their obligations within a period of three months. In the event of failure to respond, an administrative fine of 7,500 euros may be imposed. In addition, a ‘name & shame’ system may be activated. This system publicly exposes companies that do not comply with the obligations on an official website.

Energy Management System (EMS): mandatory from 2025

From 2025, every service sector building will have to be equipped with an Energy Management System (EMS). This system aims to continuously monitor and analyse energy consumption. It thus makes it possible to identify areas for improvement and implement the necessary actions. This permanent monitoring is essential to achieve the reduction targets set by the decree.

Challenges and benefits

The Tertiary Decree was designed to address several major issues:

• Reducing energy costs: Lower consumption means a reduction in the energy bill for companies.
• Combating climate change: By reducing energy consumption, the tertiary sector contributes to the reduction of greenhouse gas (GHG) emissions.
• Improving occupant comfort: Well-insulated and better energy-managed buildings provide a more comfortable working environment for employees.

How do I comply?

To comply with the Tertiary Decree, here are the main steps to follow:

• Carry out an energy audit: Although not compulsory, it is strongly recommended. This will help identify the weak points of your building and opportunities to reduce consumption-related activity.
• Carry out energy renovation work: Improve insulation, replace energy-consuming equipment, optimise the management of heating and air-conditioning systems in the building's activity.
• Train the occupants: Make building users aware of energy-saving practices and their daily activities.

Financial assistance available

Several types of aid are available to finance the renovation work. The EEC (Energy Saving Certificate) bonus is one of the most important schemes. It can be used to finance a large part of the work. Other listed subsidies can also be combined, such as those from ADEME, CIPE, local subsidies, ECO-PTZ (zero-interest eco-loan) or green loans.
The Tertiary Decree imposes a progressive energy transition, but one that is essential for the French housing stock. Companies have everything to gain by committing to this approach. It benefits both the planet and their own profitability.

Installing Nexelec collectors to meet the requirements of the Tertiary Decree

To comply with the requirements of the Tertiaire decree, the installation of specific BACS sensors is often necessary. Nexelec sensors are a suitable solution for meeting the expectations of BACS building management systems.

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