The tertiary decree is a French legislative measure designed to stimulate the energy transition in the building sector. This sector is responsible for 23% of greenhouse gas emissions and represents around 50% of the country's annual energy consumption.
Faced with this important data, and within the framework of the national objective of carbon neutrality by 2050 (in accordance with the national Low-Carbon strategy), the building sector is identified as a crucial axis for combating climate change and reducing France's carbon footprint.
To meet these challenges, the French government introduced the tertiary decree, also known as the tertiary eco-energy system. This initiative aims to encourage energy savings in this key sector. Here’s an overview of DEET.
Tertiary eco-energy system: what is it?
The Tertiary Eco-Energy system, set up for tertiary establishments, both public (such as town halls and sports or cultural facilities) and private (businesses, shops, hotels, etc.), requires these entities concerned to reduce their consumption energy consumption by 40% by 2030, by 50% by 2040 and by 60% by 2050, based on a reference year between 2010 and 2019.
Managers also have the option of setting targets in absolute terms, referring to a defined amount of final energy consumption for each decade, in accordance with the most efficient techniques available. It is important to determine the actors concerned by this system.
To this end, the Ministry of Energy Transition has created an infographic, in the form of a flowchart, to assess whether a building is subject to DEET. If this is the case, the analysis focuses on the “subject functional entities”. The corresponding declaration is then made via the platform OPERATED by l'ADEME, which is dedicated to the collection and monitoring of energy consumption in the tertiary sector.
The scope of the tertiary eco-energy system
The tertiary decree, arising from the Elan law, requires participants in the tertiary sector, whether they are owners or tenants and whether they carry out commercial activities or not, to reduce their energy consumption.
This decree applies to entities with a surface area of more than 1000 square meters, encompassing various sectors such as retail, the health sector, public administration and offices. In France, this regulation concerns approximately 800,000 million square meters, all subject to the obligation to reduce energy consumption.
The obligations of the tertiary decree
To achieve more responsible energy consumption, there are two main requirements:
- Mandatory declaration : the entities concerned, designated under the term “taxable persons”, are required to report their final energy consumption annually on OPERAT, the ADEME platform dedicated to the Observatory of Energy performance of Renovation and Tertiary Sector Actions.
- Performance Requirement: the energy consumption reduction objective is set in stages. Taxpayers must achieve a 40% reduction by 2030, followed by 50% in 2040, and finally reach a 60% reduction in 2050.
Who is affected by the Tertiary Eco-Energy Scheme?
The effectiveness of reducing energy consumption relies on the commitment of all stakeholders, including:
- The donors
- The tenants
- Engineering professionals
- Local authorities.
Close collaboration between owners and tenants is particularly important for the success of energy renovation projects in the tertiary sector. It is appropriate to distinguish two types of interventions on the building: those linked to use, dependent on the tenant's activity, and those concerning the structure of the building, which are the responsibility of the owner. These two approaches are complementary to improve energy efficiency.
Application of the tertiary eco-energy system: know your fleet and its consumption
It is essential for owners to fully understand the characteristics of their buildings, in particular their energy consumption, to set appropriate objectives.
This knowledge is crucial for developing a sustainable action plan, because the Tertiary Eco-Energy initiative is a long-term approach, requiring adequate tools and funding.
This approach also applies to tenants, who must be aware of the details of the building they occupy, since landlords and tenants share responsibility. Together, they must declare and monitor the energy consumption of their building via the OPERAT platform.
This annual declaration, to be made before September 30, can be carried out online or through file import, and aims to become a routine procedure. OPERAT automatically adjusts declared energy consumption taking into account climatic conditions and changes in activity in the building.
Thus, occupants can focus on reducing energy consumption, by developing a long-term strategy for their building stock, broken down into successive stages. This strategy is based on four pillars: adaptation of buildings to needs and ecology, optimization of operation and maintenance, installation of efficient equipment, and work on the building envelope.
What funding is possible to apply DEET?
Investment is essential to implement the necessary energy actions. The financial needs are considerable, reaching for example 3 billion euros annually for local authorities.
There are several financing options, including grants, loans, energy saving certificates (CEE), and repayable advances via the Banque des Territoires (intracting), but their use varies.
For example, the CEE system is often under-exploited due to its complexity and the time required to benefit from it.
However, some organizations have already started to take action. For example, La Poste Immobilier has been working for a decade to improve the energy efficiency of its real estate portfolio, which is diversified and includes logistics buildings and tertiary buildings, totaling around a thousand sites subject to DEET.
What are the sanctions in the event of failure to meet the objectives of the Tertiary Eco-Energy System?
For breaches relating to the declaration on the OPERAT platform:
- If a taxable person does not comply with the declaration obligation on OPERAT, he or she initially risks several warnings. In the absence of regularization, it incurs a financial penalty, which amounts to €1,500 for individuals and €7,500 for legal entities per building concerned.
Concerning the non-achievement of the established energy objectives:
- The taxable person who does not comply with the set objectives also faces several warnings. If no satisfactory explanation is provided, the names of violators will be published on a government website. This approach is known as "name & shame", aiming to encourage compliance with standards through social pressure.
