INFOGRAPHY - BACS decree vs. Tertiary decree: what are differences?

Objectives of the BACS and Tertiary Decrees

The BACS Decree: Automation and Control of Heating, Air Conditioning and Ventilation Systems

The BACS decree requires the installation of a management system for commercial buildings equipped with heating, air-conditioning or ventilation systems with a power rating of more than 70 kW. This requirement to install a building management system (BMS) is intended to enable advanced control and automation of systems to improve energy efficiency and equipment performance. The aim is to guarantee optimised management of energy consumption, reduce costs and promote energy savings within buildings through better control of data and the use of energy equipment. These systems are at the heart of the regulation and implementation of policies to reduce energy consumption in buildings, meeting the obligations imposed by legislation.

The Tertiary Sector Decree: Reducing Energy Consumption with Specific Targets

Resulting from the ELAN law, the Tertiary sector decree imposes a gradual reduction in the energy consumption of tertiary sector buildings. The decree aims to reduce the energy consumption of buildings by 40% by 2030, 50% by 2040 and 60% by 2050. Unlike the BACS decree, the aim is to reduce energy consumption through a comprehensive approach, including insulation work, infrastructure modernisation, and optimisation of equipment and its use. The Tertiary Decree encourages improved technical management of buildings to ensure long-term energy savings.

Who is affected by the BACS and Tertiary Decrees?

The BACS Decree: Buildings of more than 70 kW must comply

The BACS decree applies to commercial buildings with heating, air-conditioning or ventilation systems with a capacity of more than 70 kW. Since April 2023, the eligibility threshold has been lowered, increasing the number of buildings that must comply with these new obligations. For new buildings, a building management system (BMS) must be installed before April 2024. Existing buildings have until 2027 to comply. Compliance means taking into account regulations for managing energy consumption and optimising energy performance using BMS. In addition, buildings must achieve a specific energy performance class to ensure optimum management of energy consumption and rigorous control of equipment.

The Tertiary Sector Decree: All Buildings over 1,000 m² Concerned

The Tertiary Sector Decree applies to tertiary sector buildings of over 1,000 m², whether offices, shops, warehouses, or public and private buildings. Owners, and in some cases tenants, are responsible for implementing the technical measures needed to meet the targets for reducing energy consumption. These buildings must incorporate regulation systems, technical control devices and equipment enabling a continuous reduction in their energy consumption in order to meet the objectives of the Tertiary Sector Decree. Installing a building management system (BMS) is essential to ensure optimum energy performance and to monitor energy consumption accurately.

Monitoring and Penalties for Decrees: Complying with Regulations to Avoid Penalties

The BACS Decree: No Direct Penalties, But Risks of Additional Costs

The BACS decree does not provide for direct penalties in the event of non-compliance. However, failure to install the necessary systems can result in additional energy costs and efficiency losses that affect building performance. Non-compliant equipment can lead to higher energy consumption and additional costs for building managers.

The Tertiary Decree: Financial penalties for non-compliance

Under the Tertiary sector decree, in the event of non-compliance with compliance obligations, the prefect may intervene by sending a formal notice to building managers. If buildings fail to meet the compliance deadlines, administrative fines of up to €7,500 may be imposed for each failure. The aim of these penalties is to ensure that buildings comply strictly with energy transition regulations and to encourage energy savings.

Solutions to Ensure Compliance: Nexelec Sensors for Building Energy Management

Nexelec sensors offer solutions for real-time monitoring of temperature, humidity and air quality data, helping to optimise energy consumption in buildings. These intelligent solutions are integrated into building management systems (BMS), helping to meet the targets for reducing energy consumption set by government decrees. Thanks to these sensors, building managers can also improve energy performance and ensure compliance with the requirements of current regulations. These devices also make it easier to optimise equipment to ensure maximum energy savings in the commercial sector.