WHAT IS IT?

The Tertiary Decree is a French regulatory obligation which aims to engage all tertiary players towards energy sobriety. 

Resulting from the Décret tertiaire (Dispositif d’Economie d’Energie: DEET), this obligation requires the gradual reduction of energy consumption in buildings for tertiary use to fight against climate change and improve the operation and comfort of these buildings.

The official article is R.174-22 du CCH. 

To achieve this dual objective, the actions implemented go beyond the energy renovation of buildings, and concern the quality and operation of equipment as well as the behaviour of users.

WHO IS CONCERNED BY THE TERTIARY DECREE?

All tertiary buildings with a surface area of more than 1,000 m² are concerned. 

This includes shopping centres, buildings, parts of buildings or set of buildings, with an area (or a combination of areas) allocated to tertiary use equal to or greater than 1,000 m2.

This includes both landlords and tenants.

WHAT MINIMUM REDUCTIONS IN FINAL ENERGY CONSUMPTION OF THE TERTIARY SECTOR ARE EXPECTED IN FRANCE?

2030: -40%

2040: -50%

2050: -60%

It is necessary to achieve either a relative saving (-40%, -50%, -60%) compared to a reference year chosen between 2010 and 2019, or an absolute value compared to a value calculated according to use and the location of the premises.

These objectives may be modified in the event of:

Technical, architectural or heritage constraints, change in the activity carried out in the building(s), evolution of the volume of activity, manifestly disproportionate costs of the actions to be undertaken in relation to the expected benefits on energy consumption.

HOW TO REPORT THE ENERGY CONSUMPTION?

Owners, lessors or occupants have the obligation to declare the consumption of their tertiary premises on the platform OPERAT.

This platform makes it possible to obtain an annual certificate when the consumption is submitted.

WHAT ARE THE PENALTIES AND FINES?

In the event of non-transmission of information on the OPERAT platform or non-submission of an action program when the objectives are not achieved, a sanction mechanism applies (after formal notice).

The name of the offender may be posted on a public website.

It may be accompanied by an administrative fine of up to 7,500 euros for businesses.

The article concerned for the penalties is l’article R. 185-2 du CCH.

WHAT ARE THE DEADLINES? 

The energy consumptions must be communicated annually on the OPERAT platform with the consumption information for the two previous years and the chosen reference year.

Would you like to know more?

Or do you have any questions about one or more of these topics?

Feel free to contact us at hello@bramoenergy.com.