Smart & Connective

Tertiary and BACS decrees: the urgent need for energy sobriety

Today, France’s tertiary sector covers almost 983 million m², representing 1/3 of the country’s energy consumption. Today’s environmental challenges are forcing us to review our consumption patterns and move towards energy sobriety.

In response to these environmental issues, the French government has set up the Dispositif Éco Energie Tertiaire (DEET) to provide a framework for actions aimed at significantly reducing the energy consumption of tertiary buildings.

The BACS Decree is one of a series of mandatory actions designed to help companies meet the targets set by the Tertiary Decree.


A few figures

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French tertiary sector: 983 million m2

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Buildings subject to the Tertiary Sector Decree: 800 million m2

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Commercial buildings equipped with a BMS: 7%.

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Consumption reduction target: 60% by 2050

decret tertiaire

The Tertiary Decree: what is its scope?

Financial assistance for your BMS

To encourage businesses to make the transition to a low-carbon economy, the government is offering financial assistance in the form of CEEs, or Energy Savings Certificates. In reality, this is financial aid from energy suppliers, calculated on the basis of the work carried out.
Smart & Connective’s class A or B BMS can give you access to funding under the BAT-TH-116 form. The amount of the grant depends on several factors:

– Your geographical location
– The devices controlled by the BMS (HVAC, lighting)
– The surface area of the building

The decree applies to commercial buildings with a floor area of 1,000m² or more (or a combination of floor areas if the building is home to several businesses involved in commercial activities).
The owners or operators of both private and public tertiary buildings are subject to DEET. There are many different types of activity subject to DEET:

  • Offices
  • Public services
  • Education
  • Health
  • Justice
  • Retail
  • Hotels
  • Restaurants
  • Tourist and leisure residences
  • Sport
  • Culture and entertainment
  • Logistics
  • Stations (rail, road, sea…)
  • ………
batiment tertiaire

The objectives of the Tertiary Decree

The reduction targets are progressive and defined on the basis of a reference year chosen between 2010 and 2020.

From 30 September 2022, those subject to the scheme will have to fill in their reference year on the dedicated OPERAT platform.

From then on, they will be able to launch their actions to achieve the targets thus set. This declaration will then be made annually on the platform, in order to provide evidence of the energy savings achieved up to the deadline.
Targets can be calculated in absolute terms for each type of activity. This energy consumption target is then set by decree (Absolute Value Decree).

What actions should be taken?

To achieve these ambitious but necessary targets, existing commercial buildings can implement an energy-saving strategy that includes :

  • Renovation and insulation work
  • Modification of obsolete equipment
  • Installation of solar panels
  • Automation of energy-intensive equipment using a class A or B BMS (see BACS Decree)
décret bacs

The BACS Decree to speed up achievement of the objectives of the Tertiary Decree

The BACS (Building Automation & Control Systems) Decree was created to help building owners and operators meet the targets set by the Tertiary Decree. Its aim is to equip all non-residential tertiary buildings with an automation and control system, in other words a BMS.

Scope of application

The BACS Decree applies to all new or existing commercial buildings with an air conditioning or heating system with a rated output of more than 290 kW (whether or not combined with a ventilation system).
To put it simply, these are generally the same type of buildings as those subject to the Tertiary Sector Decree.

The threshold has recently been lowered, and the Decree now requires commercial buildings with heating or air-conditioning systems (or a combination of these with ventilation) with a rated output of more than 70kW to be fitted with an automation and control system, i.e. buildings of around 800m2 in the case of the oldest buildings.

For when?

Buildings subject to the BACS Decree must be equipped by January 2025 for the 290kW threshold and by 1 January 2027 for the 70kW threshold.
So don’t hesitate to get fitted today and save up to 50% on your energy bills!


What are the penalties for failing to meet the targets set by the Decrees?

Failure to comply with the obligations set out in the Tertiary Decree may result in an administrative fine of between €1,500 (natural persons) and €7,500 (legal entities) being imposed on the owner or operator of the building.
In the event of non-compliance with the declarations on the OPERAT platform, the owner or operator will be liable to penalties such as formal notice and publication. The government’s initial intention is to rely on the “name and shame” principle, but it’s a safe bet that the penalties will become increasingly severe over the next few years, given the urgency of the current climate change situation.

Shall we get started?