Smart & Connective

tertiary decree

Tertiary Decree: everything you need to know.

Are you hearing more and more about this famous “tertiary decree” or Tertiary Eco Energy system and you don’t really know what it is exactly? With a first milestone to be reached in 2030, do you think you have plenty of time to get started? Be careful, certain deadlines are fast approaching, from 2021! To better understand your obligations and the means to achieve your objectives, we detail everything in this article.

Are you affected by the Tertiary Decree?

The tertiary decree concerns buildings, parts of buildings or groups of buildings for tertiary use and which have a surface area (or a combination of surfaces) equal to or greater than 1,000 m2.

Reminder :

The tertiary sector covers a vast field of activities which extends from commerce to administration, including transport, financial and real estate activities, services to businesses and services to individuals, education, health and 'Social Action.
It is composed of:
• mainly commercial tertiary sector (commerce, transport, financial activities, services provided to businesses, services provided to individuals, accommodation-catering, real estate, information-communication);
• mainly non-market tertiary sector (public administration, education, human health, social action).
The scope of the tertiary sector is in fact defined by complementarity with agricultural and industrial activities (primary and secondary sectors).

INSEE definition

You are concerned if:

You are the owner or operator of an establishment housing tertiary activities in the public or private sector.

  • Offices
  • Services publics
  • Education
  • Health
  • Justice
  • Shops
  • Hotel
  • Restoration
  • Tourist residences & Leisure
  • Sport
  • Culture et spectacles
  • Logistics
  • Terminals
  • Rail, road, maritime or river stations
  • Automobile, motorcycle or nautical sales and services alleys and computer operating centers
  • Parking
  • Laundry
  • Printing and reprography.
tertiary buildings decree

Are not affected

  • Temporary constructions with a precarious building permit
  • Places of worship
  • Buildings dedicated to defense, civil security or internal security
  • What does the Tertiary Decree consist of?

    The tertiary decree, or tertiary eco-energy system, specifies the terms of application of article 175 of the Elan law (development of housing and digital development), by putting in place action obligations aimed at drastically reducing energy consumption of buildings for tertiary use.

    Concretely, what are the implementation stages?


    1 / Set up an energy consumption monitoring system


    2 / Choose a reference year

    In order to determine your precise objectives for the years to come, it is first necessary to determine a reference year. Logically, you will choose the most energy-intensive year, between 2010 and 2019, to more easily achieve your goals.


    3 / Determine your objectives


    • In relative value

    objectives in relative value

    • In ultimate value

    In this case, it will be a question of achieving a level of consumption lower than the energy consumption of a new building of the same category. The objective will then be determined for each category of activity, by a threshold expressed in kWh/m2/year and by decree. The deadlines will be the same.


    4 / Determine your action plan

    • Audit
    • Prioritization
    • Definition of actions to be taken


    5 / Prepare a technical file in the event of a request for modulation of the objectives

    The Tertiary Decree provides for the possibility of requesting the modulation of objectives, in the event of:

    • Technical, architectural or heritage constraints
    • Change in the activity carried out in these buildings or in the volume of this activity
    • Highlighting clearly disproportionate costs of actions compared to the expected benefits.


    6 / Declare your data on OPERAT

    The dedicated platform for reporting your data is the OPERAT platform. You will have to report your raw data every year before September 30.
    The first consumption data expected are those for 2020, to be transmitted no later than 09/30/2021.

    What are the action levers to achieve the objectives set by the Tertiary Decree?

    levers of action

    What are the sanctions provided for in the event of non-compliance with the Tertiary Decree?


    In the event of non-transmission of data or non-compliance with objectives, sanctions will range from “Name & Shame” (public designation of the company) to administrative fines (up to €1,500 for individuals and €7,500 € for legal entities).


    Controls will be the responsibility of the competent prefect depending on the location of the buildings.
    After declaring the data for your reference year, supporting documents may be requested from you within the following 3 months.
    Finally, the competent authorities will be able to carry out random checks to verify the accuracy of the declarations.

    Energy renovation in the tertiary sector: join the movement!

    To address increasingly urgent environmental issues, tertiary buildings have an important role to play. Indeed, the energy transition of a billion m2 can really make a difference!

    Some have already started to act, why not you?

    Find our Tertiary Decree summary in our white paper for free download:

    white paper ebook
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