Dispositif Éco Énergie Tertiaire : par où commencer ? #2
What exactly is the Tertiary Sector Decree?
Commonly referred to as the “Tertiary Decree” or the “Tertiary Eco-Energy Decree,” this regulation outlines the implementation details of Article 175 of the ELAN Law (Housing, Planning and Digital Development) enacted in 2018. This article mandates a reduction in the energy consumption of French tertiary premises. This concerns all tertiary sector buildings located on French territory with a floor area over 1,000 m2 and existing on the date of publication of the ELAN law, i.e. November 24, 2018.
Owners and tenants conducting tertiary activities are all concerned by this decree. Given the numerous levers for action, it is important to clarify how the measures are allocated within the same premises and to adapt the lease agreement accordingly, for instance, through an addendum.
Objectives
The Tertiary Decree sets two types of targets:
- A reduction in annual final energy consumption, measured against a reference year set by the declarant (between 2010 and 2020), with targets of 40% by 2030, 50% by 2040, and 60% by 2050.” This is the relative value
- – An absolute consumption threshold (in kWh/m²/year), established by decree for each activity category and based on specific performance indicators. This is the absolute value
Targets can be adjusted to match the activity in the premises, or if the building’s occupancy or intensity of use changes.
Individuals who fail to meet the targets established by the tertiary decree are liable to a fine of up to €1,500 (increased to €7,500 for companies). The “name and shame” principle will also be applied.
How to prepare for it?
While the Tertiary Sector Decree aims to reduce the final energy consumption of the tertiary sector, putting together a relevant action plan is not always a simple matter. Here are a few tips:
Develop a clear understanding of your real estate portfolio and identify the buildings concerned.
The aim is to check whether the 1000m2 threshold has been reached. If the building is mixed-use, the cumulative tertiary surface area should be ascertained. The types of premises concerned include administrations, offices, shops, educational establishments, hotels, storage areas, healthcare facilities, etc.
Gather the data required for the process.
- Surface area
- Energy consumption data since 2010
- Identify meters
- Find out where the results should be pooled (all or part of a property).
Choose the reference year (between 2010 and 2020)
Based on energy consumption data since 2010. Due to COVID-19, 2020 cannot be taken into account. A different year can be selected for each building. Our advice: choose the year with the highest consumption.
Define a strategy
Based on the analysis of benchmark data, it is essential to define a clear strategy and actively engage stakeholders such as suppliers, equipment manufacturers, and building users, through awareness campaigns, effective communication, and targeted training. Spread your action across multiple areas, such as building renovations, equipment performance and maintenance, system adjustments, space layout, and user behavior. Not all actions require a major financial investment.
Upload your data to the OPERAT platform
All consumption data must be submitted annually to the government platform OPERAT (Observatoire de la Performance Énergétique, de la Rénovation et des Actions du Territoire) no later than September 30. This platform, dedicated to the Tertiary Sector Decree and managed by ADEME, allows you to monitor your progress in the process by means of your annual energy consumption certificates. Thanks to this platform, you can also compare your results with others in your business category at different geographical levels.
Rely on this collective emulation to make a full commitment to the energy and environmental transition, and turn the tertiary sector decree into an opportunity. Indeed, achieving your consumption reduction targets means saving energy and therefore reducing your energy bills!
Contact E'nergys to set up an agile, tailor-made action plan that evolves with your challenges!