The obligations of the “BACS” decree for buildings in the tertiary sector

Implemented on July 21, 2021, the The BACS (Building Automation & Control System) decree requires the implementation of an automation and supervision system for tertiary buildings before January 1, 2025 with a view to reducing energy consumption. Here is an overview of the challenges of this regulation and potential future modifications to the BACS decree.

 

BACS decree: sobriety objective

The BACS (Building Automation & Control System) decree, included in articles R. 175-1 to R. 175-9 of the construction and housing code, serves as an instrument to achieve the established energy consumption reduction goals established by the tertiary decree.

Technical Building Management (BMS) has the following missions:

  • Monitor, record and study in real time information on energy production and consumption of technical equipment in buildings;
  • Identify drops in energy efficiency of technical equipment in buildings;
  • Inform the operator of opportunities to optimize the energy performance of this equipment.

 

BACS decree: obligation to conduct the energy of its buildings

The BACS decree stipulates the need to establish an automation and supervision mechanism for buildings.

This obligation applies to owners of structures:

  • Which house tertiary activities, whether commercial or not (according to the definition of tertiary activity in the tertiary decree), this also includes buildings in the primary and secondary sectors;
  • And which have heating and air conditioning systems, associated or not with a ventilation device, with a nominal useful power exceeding 290 kW.

Who is affected by the BACS decree?

The "obligated" refers to all owners of a tertiary building, whether new or already existing, with HVAC equipment (heating, ventilation, air conditioning) with a nominal power greater than 290 kW.

The requirements come into force immediately for structures for which the building permit is issued after the publication of the BACS decree and must be introduced before January 1, 2025 for pre-existing buildings.

 

What types of buildings does the BACS decree apply to?

For new buildings for which the building permit was issued after July 21, 2021, and for existing structures for which the permit was granted before this date, the regulations must be put in place before January 1, 2025. If a study proves that installing a GTB is not economically viable with a return on investment in less than six years, an exemption can be obtained.

Section “8 – Action levers and financing” of the OPERAT platform offers concerned users the opportunity to evaluate their submission to the BACS decree.

The order of November 21, 2022, relating to the maintenance and control of boilers and thermodynamic devices, includes verification of the presence of a building automation and regulation mechanism during:

  • Annual overhauls of boilers with a nominal power between 4 kW and 400 kW (and more than 70 kW specifically) from November 26, 2022;
  • Energy efficiency reviews for boilers rated between 400 kW and 20 MW, starting May 25, 2023;
  • Inspections every five years of thermodynamic devices with a nominal power exceeding 70 kW, from May 25, 2023.

 

What modifications are planned to the BACS decree?

A draft BACS decree concerning automation and control systems for tertiary buildings aims to extend the scope of the BACS decree. The structures targeted would be those which accommodate tertiary activities and are equipped with heating or air conditioning devices, possibly associated with a ventilation system, with a nominal useful power exceeding 70 kW.

This constraint would be implemented no later than January 1, 2027.

The exemption conditions would also be reviewed: a study must justify that the installation of such equipment does not offer a return on investment in less than 10 years.

Additionally, regular inspection of automation and control systems would be introduced. For equipment already in place, the first verification should be carried out before January 1, 2025. A proposed decree provides for an inspection every five years. If a BMS or equipment connected to this BMS is installed or replaced, this period would be reduced to 2 years.

The inspection would cover:

  • A study of the operation of the system (during the first inspection);
  • Checking its optimal functioning;
  • An assessment of compliance with the criteria mentioned in article R. 175-3 and, unless the device, the associated equipment and the needs of the building have remained identical since the last inspection, an analysis of the adaptation of the system to the use of the building;
  • Providing advice on the optimal use of the device, potential improvements, the possible benefit of its replacement and other possible solutions.

The public consultation period for the decree closed on January 20, 2023. Last April changes have already been revealed.

 

The installation of a building automation and control system: the essential challenge

Before making a decision, each owner of a heating or air conditioning system in buildings must evaluate their current needs while anticipating their long-term changes, and take into account the wear and tear of the building's technical equipment. The BACS decrees are part of the broader vision of technical building management (BMS), a digital tool which centralizes the complete management of a building (light, shutters, security, etc.).

A well-designed BMS is a major asset for the energy management of a structure, offering the possibility of benefiting from considerable energy savings. For example, for a building built in the 1970s, a BMS project could result in up to 30% energy savings. The amortization would then be between 3 and 5 years, depending on the precise cost of the equipment and its installation.

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