The tertiary decree, issued in 2019 within the framework of the ELAN law, requires companies to reduce the energy consumption of their tertiary buildings. It is part of the government's environmental approach and aims to promote energy sobriety in this sector. But how exactly does this decree work? What are the obligations to respect? What are the objectives to be achieved? And what actions do you need to put in place to make it an opportunity? We explain everything about the decree.
Tertiary decree: what is it?
The Elan law, or energy law, which concerns developments in housing, development and digital technology, provides for a reduction in energy consumption in the tertiary sector. This sector accounts for approximately one third of greenhouse gas emissions in the building sector.
The tertiary decree, in force since October 2019, details the energy regulations of this legislative measure. The obligations of the decree apply to tertiary buildings with a surface area greater than 1000 m2 and concern both tenants and owners, whether in the public or private sector.
The tertiary decree sets energy saving objectives to be achieved. In the event of non-compliance with these obligations, fines may be imposed, up to €7,500 for legal persons (€1,500 for natural persons). In the event of non-transmission of the data to the administration, the name of the company may be published on a website, according to the principle of "name&shame".
The obligations of the tertiary decree
Optimization of the energy efficiency of tertiary buildings
Tertiary decree no. 2019-771 of July 23, 2019 imposes an energy consumption reduction target for buildings used for tertiary purposes. This term includes various activities such as:
- Trade
- L'administration
- Transportation
- Financial, real estate, educational and health services.
The text of the decree concerns both the owners and the tenants of buildings for tertiary use with a surface area of at least 1,000 m2. This can encompass the whole building, a specific part or a group of buildings, as long as they belong to the same land ownership and have a combined area of at least 1,000 m2. The objective of this energy regulation is to achieve a significant reduction in energy consumption.
Ten-year deadlines on the OPERAT platform
According to article L 111-10-3 of the Construction and Housing Code, it is required to reduce the final energy consumption of buildings by:
- 40% by 2030
- 50% by 2040
- 60% by 2050.
For this, it is possible to rely on:
- A relative value compared to a reference year, which cannot be earlier than 2010.
- A level of energy consumption fixed in absolute value for each type of activity.
The energy reduction objective implies an obligation to declare on the OPERAT platform, as well as the transmission of data on the use of energy in buildings. The first annual consumption declaration had to be made before September 30, 2022. Two other important deadlines include the deadline for submitting technical files on September 30, 2026 and the first ten-year verification of the achievement of objectives on September 30, 2031.
Penalties for non-declaration
If the required data is not transmitted on the OPERAT platform, the persons concerned, whether they are owners of commercial premises or tenants, will receive a formal notice to provide the requested information within 3 months. In the event of non-compliance with these energy regulations, the State will publish the formal notices online, which have had no effect.
In addition, if the objective of reducing energy consumption is not achieved, the persons concerned will receive a formal notice to draw up an action plan within 6 months. In the event of non-compliance, fines will be imposed, ranging from €1,500 for natural persons to €7,500 for legal persons.
How to comply with the obligations of the tertiary decree?
Optimization of the energy performance of buildings
The tertiary decree encourages the renovation of buildings used for tertiary purposes. By improving insulation and creating buildings with high energy performance, it is possible to reduce their daily impact on the environment. Thermal insulation works are essential, because every year the roofs and walls of buildings are the main source of heat loss. This makes it possible to track down all defects, whether in roofs, interior and exterior coverings, joinery or pipes, in order to ensure total airtightness thanks to effective renovation solutions.
Modernize and improve the equipment used
To keep your real estate assets in good condition, it is essential to install high-performance equipment. The idea is to assess your technical equipment and invest in high-performance hardware. Why not replace your gas boiler with a hybrid boiler? Why not choose a heat pump, energy recovery or any other recommended device? These intelligent and connected devices make it possible to collect the data necessary to set up an active control and management system for heating, air conditioning and lighting devices.
Raising employee awareness of daily eco-responsibility
To achieve your energy saving objectives, it is essential to make your employees aware of eco-responsible actions. This is a pillar of your energy transition. It is also important to encourage employees to adopt an active attitude with regard to the management of lighting and the storage of computer data. For example, you can set up a policy to reduce useless e-mails (avoid sending copies, sort old e-mails, limit the sending of files that are too large).
Tertiary decree: turn a constraint into an opportunity
Optimization of the real estate portfolio for landlords
Anticipating the constraint to make it an opportunity is the best approach! The energy law and the tertiary decree offer an opportunity to upgrade your real estate portfolio. Although the renovation of buildings can represent a significant financial and technical cost, carrying out energy work allows you to preserve your real estate assets and improve its green value. This new assessment criterion, used when selling a building, allows the buyer to assess the energy consumption of a site.
Cost reduction and image improvement for a company under lease
Reducing energy consumption is a real economic lever enabling significant savings to be made on the energy bill. It's a simple and immediate way to improve the competitiveness of your business.
By meeting the requirements of the Tertiary Energy Eco System, you are acting effectively to preserve the environment. This helps boost your company's image. Your declaration on the OPERAT platform will allow you to visualize the progress made in your energy transition and to receive a certificate of the efforts made to reduce your energy consumption.
Do you want to be perfectly up to date when it comes to energy savings? Subscribe to our newsletter
