Everything you need to know about the Tertiary Decree

What is the Tertiary Decree?

The Tertiary Decree stems from Article 175 of the ELAN law. It aims to reduce the energy consumption of tertiary buildings in France. Its objective is to limit the environmental impact of tertiary activity. It requires progressive and significant reductions in final energy consumption.

• 40% by 2030
• 50% by 2040
• 60% by 2050

These measures oblige owners and lessees in the tertiary sector to adopt rigorous energy strategies. Companies often have to carry out work and optimise usage to improve the energy efficiency of tertiary buildings. Every year, companies in the sector must also implement appropriate solutions to meet the requirements of the decree and contribute to the overall reduction in energy consumption. Thus, over the years, they will have to demonstrate their ability to achieve absolute results in terms of reducing energy consumption in their buildings. This sector will also have to adapt to changing standards and technologies in order to guarantee optimal energy performance.

Who is affected by the Tertiary Decree?

The decree applies to all buildings used for tertiary activities with a surface area greater than or equal to 1000 m². It includes offices, shops, warehouses, as well as public and private service buildings.
The owner of the tertiary building and, where applicable, the lessee of the tertiary building must implement this obligation. They must develop an action plan tailored to their commercial building and identify opportunities for improvement in terms of energy performance. This objective commits them to comply with the legal requirements of the decree and to take the necessary measures to reduce the energy consumption in their commercial building, aiming for an optimised energy performance objective, thus guaranteeing a final reduction in energy consumption and achieving the final performance targeted by the decree.

What needs to be done to comply with the Tertiary Decree?

In order to achieve the objectives of reducing energy consumption, several actions must be considered:

• Improving the energy performance of buildings: This may include insulation work, modernisation of infrastructure or renovation of heating and ventilation systems.
• Installation of efficient equipment: The adoption of energy-efficient equipment, such as smart sensors for real-time monitoring of consumption, is essential.
• Optimisation of equipment use: This involves ensuring that equipment is used optimally, according to the real needs of users and hours of operation.
• Adaptation of premises: The use of spaces must be rethought to minimise energy waste.

Nexelec sensors, for example, are a suitable solution to meet these requirements. They enable real-time monitoring of essential parameters such as temperature, humidity and air quality, thus maximising the energy efficiency of buildings. These sensors also contribute to the creation of new values for building managers by optimising consumption and aligning practices with the energy transition. The transition to more efficient energy consumption is at the heart of the law on energy performance, and these sensors offer a tangible means of achieving this transition. The adoption of this technological method plays a full part in the energy transition of buildings and makes it possible to respond to current challenges.

Who pays for work and adaptations?

Financial responsibilities are often shared between the owner and the tenant. The Commercial Code stipulates that the lessor must assume certain expenses related to the energy performance obligation in the tertiary sector. In a commercial lease, the lessor and the lessee in the tertiary sector can negotiate the distribution of expenses according to the work to be carried out to improve energy efficiency and meet the obligation of the Energy Saving Certificates (ESC). These negotiations must also take into account the obligation to comply with current regulations. Discussions concerning energy must take into account the specific energy needs of the commercial building and the procedures for obtaining Energy Saving Certificates, in order to fulfil the obligation to reduce energy consumption and comply with the obligation to conform to the standards in place.

Reporting obligations: OPERAT and deadlines

The Tertiary Sector Decree requires owners and lessees to declare the energy consumption of their buildings annually. This declaration is made via the OPÉRÂT platform, managed by ADEME. This platform allows for the centralisation and analysis of energy data in order to verify the compliance of buildings with the objectives of the decree. Declarations must be made by 30 September each year.

The main deadlines to be met are as follows:

• 1 October 2019: entry into force of the decree
• 30 September 2022: first declaration of energy consumption
• 2022-2025: annual transmission of data on the OPÉRÂT platform
• 2026: possibility of adjusting the targets and preparation of technical files on eco-energy
• 31 December 2030: first verification of the achievement of the eco-energy reduction targets

The company must ensure that all declarations are made within the specified deadlines, ensuring that energy data is properly centralised and analysed via the OPÉRÂT platform. The company is also responsible for meeting the eco-energy reduction targets and preparing the technical files necessary to evaluate them at each deadline.

What are the penalties for non-compliance?

In the event of non-compliance, the prefect may give three months to regularise the tertiary situation under the decree. If this deadline is not met, fines may be imposed: 1500 euros per tertiary building for natural persons and 7500 euros for legal persons, in accordance with the decree. These fines are cumulative. Furthermore, the names of tertiary sector offenders may be published on an official government website, risking damage to their reputation and their business, in accordance with the method set out in the decree. This method is in place to ensure that energy performance obligations are met and that offenders are subject to dissuasive measures. Compliance with the regulatory method is therefore essential to avoid such sanctions. Thus, each year, the company, as owner or lessee, must demonstrate its compliance by applying this method and providing the required information on the OPÉRÂT platform. The company must also follow the steps defined to meet the energy objectives and actively participate in achieving the standards imposed by the legislation. Each company must ensure that the necessary steps for compliance are taken within the allotted time, in order to guarantee respect for the legal commitments. The company must also ensure that its equipment and infrastructure meet the requirements of the decree.

Nexelec sensors: a solution for compliance with the Tertiary Decree

Sensors play an essential role in meeting the growing demands for energy performance. Nexelec sensors allow you to monitor the energy consumption and critical parameters of your commercial building in real time. Thanks to precise data on temperature, humidity and air quality, these sensors facilitate the technical management of the commercial building while guaranteeing its compliance with the Tertiary Decree. The application of the decree imposes strict obligations and this decree guides the actions necessary to meet the energy requirements of commercial buildings, ensuring compliance with current regulations. The monitoring and management system proposed by Nexelec, referenced in the energy management solutions, is a valuable tool for monitoring energy performance, thus enabling proactive management of consumption and compliance with the regulatory objectives in place, referenced as being in line with the objectives of the decree. In addition, this system makes it possible to achieve significant energy savings while optimising available resources, thus guaranteeing substantial savings in the long term, by achieving the energy reduction targets set, and thus making it possible to meet the overall objectives of the energy transition.