Is your real estate park concerned by the tertiary decree?

The tertiary decree, of October 1, 2019, presents all the modalities of application of article 175 of the Elan law. It requires owners and tenants of buildings or parts of tertiary buildings with a surface area of 1,000m² or more to monitor and reduce their energy consumption.

Tertiary Decree

What is the tertiary decree?

The tertiary decree was published in 2017 with the aim of specifying the modalities of application of the Elan law, and more particularly of article 175 of the latter.
The text of the law Elan ( Evolution of the Housing, the Development and the Digital) indeed lays the foundations of the expected reduction of the energy consumption of the buildings of the tertiary park. It provides details on the framework for the application of the law.

The primary aim of the tertiary decree is to reduce energy consumption. But it also plans :

  • to accelerate regional development,
  • to ensure the energy transition in real estate.

The tertiary decree sets out the types of buildings concerned, as follows:

  • their surface area,
  • the type of activity for which they are intended.

It sets the minimum energy performance threshold to be respected for each operation. Modulations are provided for in the Elan law in case of technical, architectural or heritage constraints or change of activity. The tertiary decree sets the limits of these modulations


Any building with a surface area greater than or equal to 1000 m2, exclusively allocated to a tertiary use.

Any part of a building with a surface area greater than or equal to 1000 m2, exclusively allocated to a tertiary use.

Any building that is part of a land unit or a site when this building houses a tertiary activity with a floor area greater than or equal to 1000 m2.

tout savoir sur le décret tertiaire

Who is concerned by the tertiary decree?

The companies concerned are those who own tertiary buildings, and can therefore be from the private or public sector. The tertiary decree specifies that modulations around energy performance objectives can take place if it is considered that actions to reduce energy consumption can :

  • jeopardize the structure of the building ;
  • damage the external parts of the building or the decoration of the site.

On the other hand, owners of buildings housing tertiary activities who wish to apply for modulation in another case must submit a technical file.

From 2021, all owners or tenants subject to the obligation of the new tertiary decree will have to send an assessment of their energy consumption to the ADEME platform called OPERAT.  This platform will then be able to deliver to each company the balance sheet based on the data of its final energy consumption in the form of a digital certificate.


The law imposes a reduction of final energy consumption of at least :

40% by 2030
50% in 2040
60% in 2050

With reference to their energy expenditure in 2010.


To meet the obligations of the Tertiary Decree and its ambitious objectives, companies have every interest in implementing a set of measures to optimize their energy performance. Here are the actions designed to achieve your objectives within the framework of the tertiary decree:

  • Pilot the energy performance of your buildings thanks to our platform.
  • Install intelligent and high-performance sensors, with a monitoring and control system.
  • Pilot the sensors in order to exploit and analyze the data collected.

These technological solutions are indeed an opportunity to perform energy savings on the long term, without having to undertake any work.

What are the sanctions provided for by the tertiary decree?

Between now and 2021, the tertiary decree provides for :

The publication on an official website of a document denouncing the company’s non-compliance.
A fine of 1500 euros for individuals.
A penalty of 7500 euros for legal entities.

The aim of this measure is to severely sanction companies that wish to avoid their obligations. It can have a significant impact on the valuation of the assets of the companies concerned.

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