Tertiary Decree: what you need to know!

The tertiary sector decree requires tertiary buildings over 1,000 m² to progressively reduce their energy consumption: -40% by 2030, -50% by 2040 and -60% by 2050.

Marie Faucon
EHS Consultant
Update : 
12.09.2025
Publication: 
02.02.2021
Contents
Example H2
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To improve building performance and reduce energy bills, French regulations are becoming increasingly stringent. Take, for example, the creation of thermal regulations in 1974 (and their updating many times since then), which impose increasingly strict rules on the energy performance of new buildings. More recently, the ELAN law, published in 2018, imposes a reduction in the energy consumption of the French tertiary sector. In this context, decree no. 2019-771 of July 23, 2019 (or tertiary decree) specifies the terms of application of this law.

It thus confirms the ambitious objectives defined in the ELAN law for the years 2030, 2040 and 2050:

  • either reduce final energy consumption by 40%, 50% and 60% respectively, compared with a reference energy consumption ;
  • or achieve a final energy consumption level set, in absolute terms, according to the energy consumption of new buildings in their category.

Am I affected by the objectives defined in the tertiary sector decree?

The tertiary sector decree applies to all buildings, parts of buildings or groups of buildings housing tertiary activities (economic activity (market or non-market) that does not fall within the primary or secondary sector).

Specifically, this concerns buildings, parts of buildings or groups of buildings housing tertiary activities in the public and private sectors, which have been in service since November 24, 2018, in the following configurations:

  • building with a floor area equal to or greater than 1,000 m² exclusively for tertiary use;
  • all parts of a mixed-use building housing tertiary activities with a combined floor area of 1,000 sq.m or more;
  • any group of buildings located on the same plot of land or on the same site (several commercial buildings on the same plot of land sharing the same delivery point for one type of energy), provided that these buildings house commercial activities with a total floor area equal to or greater than 1,000 m².

The "Eco Energie Tertiaire" FAQ on the OPERAT platform specifies that buildings, parts of buildings or groups of buildings used for tertiary purposes on an industrial site are covered by this obligation, in particular office, catering and logistics premises...

Some important concepts to remember

Operators of such buildings, parts of buildings or groups of tertiary buildings must now decide whether they are subject to this tertiary decree, paying particular attention to the following points:

  • the obligation to take action to reduce energy consumption concerns both owners and tenants of buildings subject to this obligation;
  • when tertiary activities initially housed in a building, part of a building or a group of buildings subject to the obligation cease, owners and tenants who continue to carry out tertiary activities there remain subject to the obligations, even if the cumulative surface area of the housed tertiary activities falls below 1,000 m². Similarly, a building, parts of a building or a group of buildings not initially subject to the obligation may become so over time;
  • in the case of a change of use of a building, part of a building or group of buildings subject to this obligation:
    • in the case of a new tertiary activity, this new activity remains subject to the scheme, and the new targets are determined in accordance with the provisions of the Environment Code;
    • if a tertiary activity ceases, and there is a change of use, the premises concerned are no longer subject to the obligations. However, the reference energy consumption is retained on the OPERAT digital platform until such time as a commercial activity is resumed.

I'm affected by the tertiary sector decree. What should I do now?

Every year, starting in September 2021, the people concerned will have to enter their consumption information into the OPERAT platform managed by ADEME, and in particular:

  • the tertiary activity or activities carried out there ;
  • the surface area of buildings, parts of buildings or groups of buildings subject to the obligation ;
  • annual energy consumption by type of energy, for buildings, parts of buildings or groups of buildings;
  • the reference year and associated reference consumption (given the health context of 2020, those concerned may declare their reference energy consumption up to September 30, 2022), by type of energy. In the absence of information on the reference year, this will correspond to the first full year of operation for which energy consumption is reported on the data collection and monitoring platform;
  • information on usage intensity indicators for hosted activities, ...

Based on this data, OPERAT issues an annual digital certificate. This is supplemented by an "Eco Energie Tertiaire" rating system, which qualifies the progress made in reducing energy consumption, as defined in the tertiary sector decree, in terms of results achieved in relation to expected targets. The rating system comprises 5 levels (gray sheet to 3 green sheets):

Source : Legifrance

To assess compliance with the objectives of the tertiary sector decree, OPERAT automatically compares final energy consumption with the two objectives, once the data for each decade has been collected. If one of the two targets is met, it is considered that, for the decade in question, the targets have been met.

Additional decrees specify the methods for calculating and adjusting end-use energy consumption, the conditions for adjusting end-use energy reduction targets, and the content of the technical file required to adjust targets (including energy audits).

Can I share the results obtained for all or part of an estate?

No targets are defined for a given property. However, it is possible to assess total energy consumption across an entire estate, and to compensate for the "poorer" results of certain entities that have not achieved one of the targets assigned to them by the good results obtained by other entities that have achieved one of the targets.

If one of the two targets is met for a given asset, the most significant difference in energy consumption can be reallocated to one or more assets not meeting either of these targets.

The OPERAT platform features a module entitled "Assessment of goal attainment at asset level", which enables users to request an assessment of their situation at the level of all or part of their assets.

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Photo credit: Maciej Drążkiewicz