Is your real estate park affected by the tertiary decree?

The tertiary decree of October 1st, 2019, presents all of the modalities for the application of article 175 of the Elan law. It requires owners and tenants of buildings or parts of buildings in the tertiary sector with a surface area of 1000 m2 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 the application of the Elan law, with a focus on article 175.

The text of the Elan law (Evolution of the Housing, the Development and the Digital) lays the foundations for the expected reduction of energy consumption of buildings’ in the tertiary sector. 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 aims:

  • to accelerate regional development
  • to oversee 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, with modulations for the Elan law in case of technical, patrimonial or architectural constraints or changes to activity. The tertiary decree sets the limits of these modulations.

 

WHAT TYPE OF BUILDING IS IMPACTED BY THIS DECREE?

  • Any building with a surface 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 with a surface area greater than or equal to 1000 m2 that houses a tertiary activity.

tout savoir sur le décret tertiaire
 
 

Who is concerned by the tertiary decree?

The companies concerned are those that own tertiary buildings. They can therefore be from the private or the 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

However, owners of buildings housing tertiary activities who wish to apply for this modulation must submit a technical file.
From 2021 onward, all owners or tenants subject to the new obligations set by the 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.

WHAT ARE THE OBJECTIVES DEFINED BY THE LAW?

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

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

  • With 2010 as the year of reference

WHAT CAN YOU DO?

To meet the obligations and ambitions set by the tertiary decree, companies have a vested 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 this new legislation.

  • Manage the energy performance of your buildings through our platform

  • Install intelligent high-performance sensors with monitoring and control systems

  • Pilot the sensors in order to exploit and analyze the data they collect

These solutions are an opportunity to obtain energy savings in the long-term, without ever having to renovate your buildings

What are the sanctions described in the tertiary decree?

Between now and 2021, the tertiary decree describes the following sanctions:

  • 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

These sanctions can have a significant impact on the valuation of the assets of a company, and are a strong deterrent to non-compliance.

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