Faced with the urgency of climate change, regulations are evolving to adapt the energy behavior of economic players. The Tertiary Decree is part of this dynamic, imposing strict targets for reducing energy consumption in tertiary buildings. This legislation, which affects a wide range of professionals, requires a thorough understanding of responsibilities and actions to be taken to comply with legal requirements.
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 aim is to limit the environmental impact of tertiary activities. It imposes progressive and significant reductions in final energy consumption.
- -40% by 2030
- -50% by 2040
- -60% by 2050
These measures oblige owners and lessees to adopt rigorous energy strategies. They often have to carry out works and optimize usage to improve the energy efficiency of buildings.
Who is affected by the Tertiary Decree?
The decree applies to all tertiary sector buildings with a surface area of 1000 m² or more. This includes offices, shops and warehouses, as well as public and private service buildings.
Building owners and, where applicable, lessees are required to implement these obligations. They must develop an action plan tailored to their building and identify opportunities for improvement in terms of energy performance.
What needs to be done to comply with the Tertiary Decree?
In order to meet energy consumption reduction targets, a number of actions need to be considered:
- Improving the energy performance of buildings: This can include insulation work, infrastructure modernization, or renovation of heating and ventilation systems.
- Installation of high-performance equipment: The adoption of energy-efficient equipment, such as smart sensors for real-time monitoring of consumption, is essential.
- Optimizing equipment operation: This involves ensuring that equipment is used optimally, according to users’ actual needs and operating hours.
- Adapting premises: spaces need to be redesigned to minimize energy wastage.
Nexelec sensors, for example, are the ideal solution to meet these requirements. They enable real-time monitoring of essential parameters such as temperature, humidity and air quality, maximizing the energy efficiency of buildings.
Who pays for work and adaptations?
Financial responsibilities are often shared between landlords and tenants. The French Commercial Code stipulates that the lessor must assume certain expenses related to energy performance. In a commercial lease, the lessor and lessee can negotiate the distribution of charges according to the work to be carried out.
Reporting obligations: OPERAT and deadlines
The Tertiary sector decree requires owners and lessees to declare the energy consumption of their buildings on an annual basis. This declaration is made via the OPERAT platform, managed by ADEME. This platform is used to centralize and analyze energy data, in order to verify that buildings comply with the decree’s objectives. Declarations must be made by September 30 of each year.
The main deadlines are as follows:
- October 1, 2019: Decree comes into force
- September 30, 2022: first declaration of energy consumption
- 2022-2025: annual transmission of data to the OPERAT platform
- 2026: possibility of modifying targets and creation of technical files
- December 31, 2030: first verification that reduction targets have been met
What are the penalties for non-compliance?
In the event of non-compliance, the prefect may give three months to rectify the situation. If this deadline is not met, fines may be imposed: 1,500 euros per building for individuals and 7,500 euros for corporate bodies. These fines can be accumulated. In addition, the names of offenders may be published on an official government website, risking damage to their reputation and business.
Nexelec sensors: a solution for compliance with the Tertiary Decree
Intelligent sensors play an essential role in meeting the ever-increasing demands of energy performance. Nexelec sensors enable you to monitor energy consumption and critical building parameters in real time. Thanks to precise data on temperature, humidity and air quality, these sensors facilitate technical management of buildings, while guaranteeing compliance with the Tertiary sector decree.