BACS decree: regulatory update

BACS: update on the obligation to implement building management systems to reduce energy consumption.

Juliette Virly
EHS Consultant
Update : 
12.09.2025
Publication: 
14.03.2023
Contents
Example H2
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Coming into force on July 21, 2021, the BACS (Building Automation and Control System) decree requires the installation of an automation and control system in commercial buildings by January1, 2025. We'd like to take a look at this regulation and its possible future developments.

What are the objectives of the BACS decree?

The BACS decree, codified in articles R. 175-1 to R. 175-9 of the French Construction and Housing Code (link), is a means of achieving the energy consumption reduction targets set by the tertiary sector decree (whose mechanism is presented in this article (link)).

Building Management Systems (BMS) are designed to :

  • Continuously monitor, record and analyze energy production and consumption data for building systems;
  • Detect energy efficiency losses in building systems;
  • Inform the operator of opportunities to improve the energy efficiency of these systems.

What are the obligations arising from the BACS decree?

The BACS decree requires buildings to be equipped with an automation and control system.

This obligation applies to owners of :

  • In which commercial or non-commercial tertiary activities are carried out (see definition of tertiary activity in the Tertiary Decree), including buildings in the primary and secondary sectors;
  • And who operate heating and air-conditioning systems, whether or not combined with a ventilation system, with a rated output of more than 290 kW.

The obligation applies to :
  • New buildings for which the building permit is submitted after July 21, 2021;
  • Existing buildings for which the building permit was submitted before July 21, 2021, and no later than January1, 2025.

An exemption is possible if a study shows that the installation of a BMS is not feasible with a payback period of less than six years.

The OPERAT platform includes a section entitled "8 - Levers for action and financing", which enables those concerned to assess their liability under the BACS decree.

The order of November 21, 2022 on the inspection and maintenance of boilers and thermodynamic systems includes verification of the presence of a building automation and control system when :

  • Annual servicing of boilers with a rated output of between 4 kW and 400 kW for boilers with a rated output of more than 70 kW, from November 26, 2022;
  • Energy efficiency checks on boilers with a rated output of between 400 kW and 20 MW, from May 25, 2023;
  • Five-yearly inspections of thermodynamic systems with a rated output of over 70 kW, starting on May 25, 2023.

Update on planned changes to the BACS decree

A draft decree on automation and control systems for tertiary-sector buildings extends the scope of the BACS decree. This would include :

Buildings in which tertiary activities are carried out, equipped with heating or air-conditioning systems, whether or not combined with a ventilation system, with an effective power rating of over 70 kW.

This obligation would apply no later than January1, 2027.

The exemption will also be modified, as the study will have to demonstrate that the installation of such a device cannot be achieved with a payback period of less than 10 years.

A periodic inspection of automation and control systems will also be introduced, with the first inspection of existing systems due no later than January1, 2025. The implementing decree, also in draft form, provides for these inspections to take place every five years. In the case of installation or replacement of the BMS or a technical system linked to the BMS, the frequency would be 2 years.

The inspection would include:

  • A review of the system's functional analysis (for the first inspection) ;
  • A check that the system is operating correctly;
  • An assessment of compliance with the requirements mentioned in article R. 175-3 and, unless the system inspected, the related technical systems and the building's needs have not changed since the last inspection, an assessment of the system's parameterization in relation to the building's use;
  • The provision of the necessary recommendations on the proper use of the existing system, possible improvements to the system as a whole, whether it should be replaced, and other possible solutions.

The public consultation for the decree ended on January 20, 2023, so these projects are expected to be completed during 2023.