The Eco Efficiency Tertiary Device (DEET), also known as the « tertiary decree, » imposes a progressive reduction of energy consumption for tertiary buildings. This new regulation aims to achieve a 60% reduction in final energy consumption in these buildings by 2050. Are you affected by this decree? How can you comply with the regulations, with the first obligations coming into effect in 2022? Let’s analyze and understand it.
A new regulation on the energy consumption of tertiary buildings
Enacted at the end of 2018, the ELAN law has incorporated into the Construction and Housing Code an obligation to reduce the energy consumption of tertiary buildings. Decree No. 2019-771 of July 23, 2019 establishes the conditions for implementing this measure. It defines the scope of the obligation, as well as the conditions for determining and adjusting the reduction targets. The text also specifies the procedures for collecting and monitoring energy consumption through the OPERAT computer platform, and establishes administrative sanctions for non-compliance. Implementing decrees provide detailed conditions for implementation.
Who is affected by this tertiary decree?
The decree applies to owners and tenants of tertiary buildings. It concerns all buildings or premises used for tertiary activities with a gross floor area equal to or greater than 1,000 m2.
The area taken into account can be cumulative if the building houses multiple companies or if the site consists of multiple buildings. Temporary constructions, places of worship, and buildings for defense, civil security, or internal security of the territory are exempt.
What are the obligations to comply with?
The regulation requires a reduction in final energy consumption by applying one of the two methods presented in Article L 111-10-3 of the Construction and Housing Code:
- Reduce the building's final energy consumption by 40% by 2030, 50% by 2040, and 60% by 2050 compared to a reference year that cannot be earlier than 2010.
- Or, achieve a fixed level of energy consumption for each type of activity.
To achieve these objectives, different actions can be implemented by owners and tenants:
- Improve the energy performance of buildings.
- Install efficient equipment and implement active control and management devices for these appliances.
- Change occupant behavior.
Note: It is allowed to aggregate the obligation to reduce consumption across multiple sites. Specific measures have also been provided in cases of cessation or change of activity, architectural constraints of the building (historical monuments, classified sites, etc.), or if the costs are disproportionate to the expected benefits. In such cases, a technical and financial argumentation must be submitted to the responsible authorities.
What formalities are required for data collection and compliance monitoring?
The OPERAT computer platform is implemented by the state to monitor consumption reduction targets. Managed by the Agency for the Environment and Energy Management (ADEME), it allows obligated parties to submit the requested information:
- Description of the tertiary activity conducted.
Surface area of the buildings concerned. - Annual energy consumption data by energy source.
- Possible adjustments.
Starting from 2022, owners or tenants must communicate their energy consumption for the previous year before December 31. While the annual declaration of energy consumption is theoretically the responsibility of owners and tenants, it can be delegated to a private provider or network managers.
Tertiary decree: What are the sanctions for non-compliance?
Failure to transmit data on the platform will result in a formal notice to the owner or tenant. They must submit the required elements within 3 months. Otherwise, the state will publish the formal notices without effect on a website of state services.
If the objective is not met, the obligated parties will receive a formal notice and be ordered to produce an action plan capable of reducing their energy consumption within 6 months. In case of non-compliance, they will receive a second formal notice before their name is published on the aforementioned website. An administrative fine may also be imposed, ranging from €1,500 for individuals to €7,500 for legal entities.
How to prepare for the obligation?
While the first deadline of the tertiary decree, set for 2030, may seem distant, it is advisable to start now by implementing a process to manage your energy consumption and identify areas for savings. The objective is to gradually implement measures to reduce consumption until the deadline.
By doing so, you will be able to reduce your operating costs and enhance the value of your assets with potentially rapid return on investment. Implementing actions to reduce your energy consumption will also demonstrate your commitment to energy transition, sending a positive signal to shareholders, constituents, employees, and partners.
