Energy transition regulations are becoming stricter, with two major decrees in France: the BACS (Building Automation and Control System) decree and the Tertiaire decree. Both aim to optimize the energy consumption of commercial buildings, but their objectives and scope of application differ.

Feature image

Published on 18 November 2024

INFOGRAPHY – BACS decree vs. Tertiary decree: what are the differences?

In this article:

Objectives of the two decrees

The BACS decree applies to commercial buildings equipped with heating, air-conditioning or ventilation systems rated at over 70 kW. These buildings must install an automation system. This system must enable advanced control to optimize energy efficiency. The aim is to improve the technical management of equipment to optimize their energy efficiency.

Stemming from the ELAN law, the Tertiary decree aims to reduce the energy consumption of tertiary buildings, with quantified reduction targets:

-40% by 2030, -50% by 2040 and -60% by 2050.

Unlike the BACS decree, it targets a global approach to reducing energy consumption. This involves insulation work, infrastructure modernization and optimized equipment operation.

 

decrees

 

Who is affected by the decrees?

The BACS decree applies to commercial buildings with heating, ventilation or air-conditioning systems of over 70 kW. Since April 2023, the eligibility threshold has been lowered. This means that many administrative, commercial and industrial buildings will have to comply with the new requirements. For new buildings, the installation of technical management systems must be completed by April 2024. Existing buildings, meanwhile, have until 2027 to comply.

The Tertiary Decree applies to tertiary buildings over 1,000 m², including offices, shops, warehouses and public or private buildings. Owners and, in some cases, tenants are responsible for implementing the measures needed to meet reduction targets.

 

decrees

 

Decree monitoring and sanctions

The BACS decree does not provide for penalties in the event of non-compliance. However, failure to comply with these obligations may result in additional energy costs and efficiency losses for the buildings concerned.

For the Tertiary decree, in the event of non-compliance, the prefect can intervene. He sends a formal notice to building managers, who must comply within three months. If they fail to do so, the prefect can impose an administrative fine of up to €7,500 for each breach.

 

decrees

 

Solutions for compliance

Nexelec sensors offer a solution adapted to the requirements of both decrees. These sensors enable real-time monitoring of temperature, humidity and air quality. Whether integrated into a technical management system or used to optimize energy consumption, they help achieve energy performance targets. They also facilitate compliance with current regulations.

 

decrees