Tertiary Sector Decree: extension for declarations granted until December 31, 2022

In a press release issued on September 22, the Ministry of Energy Transition announced an extension until December 31, 2022, for submitting declarations on the OPERAT platform.

Originally scheduled for September 30, 2022, the initial deadline for the Tertiary Sector Decree has been extended to December 31, 2022. It will therefore be possible to file new declarations and edit existing ones until the end of the calendar year.

Reminder: The Tertiary Sector Decree applies to both tenants and owners of tertiary buildings, or parts thereof, used for purposes such as offices, retail, hotels, administration, storage, and similar activities, with a floor area of 1,000 m² or more.

What do you need to declare?

  • Your energy consumption in 2020 and 2021
  • Your taxable surface areas
  • Your reference situation

What new information has the administration provided in its press release?

  • New declarations and modifications to existing ones can be made as often as needed until the end of 2022.
  • The disclosure of energy consumption data is a legal obligation that must be complied with by all taxable entities.
  • Consumption data for the reference year may be modified as often as necessary until the end of 2022.

According to the French Ministry of Energy Transition, over 150 million m2 of service-sector buildings have already met this obligation. We must maintain our efforts to further enhance the energy performance of our commercial buildings, which currently account for one-third of total energy consumption.

The Tertiary Sector Decree Objectives and methods

To meet these objectives, companies can choose between two methods for each building:

  • reduce their energy consumption by 40% by 2030, 50% by 2040 and 60% by 2050 compared with a reference year of their choice, between 2010 and 2019: this is the termed the relative value method.
  • reach a final energy consumption threshold, expressed as an absolute value (in kWh/m²/year): this is called the absolute value method

Are you affected by the Tertiary Decree and would like expert assistance to help you comply?