The tertiary decree

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8 Apr, 2020

Introduced by the Grenelle II Act in 2010, then taken over by the Energy Transition Act in 2017 and, in 2018, by the ELAN Act, the obligation to improve the energy performance of French tertiary buildings was reinforced with the entry into force of the “Tertiary Decree” on 1st October 2019.

One of the main objectives of this new decree is to reduce energy consumption in tertiary buildings (offices, education, hotels, shops, sports and entertainment venues, etc.) by 40% in 2030, 50% in 2040 and 60% in 2050, compared to the consumption data of a full reference year of operation after 2010.

These objectives concern all buildings, parts of buildings, or groups of buildings whose sites include tertiary activities in the public or private sector and whose cumulative floor area related to this activity is greater than 1,000 m².

From 2021 and before 30 September of each year, owners or lessees (according to their respective responsibilities governed in the contractual provisions) of public and private tertiary activities must transmit their consumption data and any technical files for the sites concerned on the platform made available by ADEME (French Environment and Energy Management Agency). The legislator accepts, however, that certain situations, proven by technical files, may prevent the objectives from being achieved: technical, architectural or heritage constraints, costs of actions disproportionate to the expected benefits, etc.

This platform, called OPERAT, will automatically and annually calculate the final energy consumption, the targeted consumption objectives, and the greenhouse gas emissions of the actors concerned by this decree. In the event of non-transmission of data, penalties may apply public notice of default, followed by fines of between €1,500 and €7,500.

This decree is, therefore, an opportunity to better control the management and energy consumption of one’s property, through the collective involvement of building stakeholders: investments in equipment and the external envelope, better operation and maintenance of equipment, monitoring of consumption (via equipment, regular alerts or invoices), mobilization of occupants by involving them and raising their awareness of sustainable management…

The decree also provides for the possibility of pooling the results at the level of all or part of the assets. The tbmaestro method, based on the elaboration of a strategy at the scale of the park, makes it possible to target the assets at stake and to prioritize the interventions aimed at the energy renovation of the assets. The tbmaestro team, already aware of this energy consumption assessment, will continue to take into account regulatory obligations in the analysis of data and the formalization of strategic scenarios.


Keywords: energy performance, tertiary buildings, ADEME platform, collective involvement, heritage strategy, etc.

Date of the article: 08/04/2020

Editor: Éva DROUET

Sources: https://www.legifrance.gouv.fr/https://www.datanergy.fr/glossaire/decret-tertiaire/FAQ décret tertiaire

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