Smart & Connective

Tertiary and BACS decrees: the energy sobriety emergency

Today, around 983 million sqm constitute the French tertiary park, which represents 1/3 of the country’s energy consumption. Current environmental issues are pushing us to rethink our consumption patterns and move towards energy efficiency.

To answer the environmental issues, the French government created the Tertiary eco-energy decree (TEED) in order to mandate the implementation of actions aimed at significantly reduce the energy consumption of tertiary buildings.

The BACS Decree is one of the established actions to help companies to reach the objectives set by the Tertiary Decree.


A few figures

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French tertiary park: 983 million sqm

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Buildings subjected to the Tertiary Decree: 800 million sqm

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Tertiary buildings equipped with a BMS: 8%

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Consumption reduction target: 60% by 2050

decret tertiaire

The Tertiary Decree: what scope?

Financial aids for your BMS

In order to encourage companies to start their energy transition, the French State offers financial aids in the form of EEC (Energy Efficiency Certificates). These are financial aids from energy suppliers, that must be calculated on the basis of the works realized for energy efficiency. The class A or B Smart & Connective BMS, gives you access to the financing form BAT-TH-116. The bonus amount depends on several factors:

- Your geographic location
- Devices controlled by the BMS (HVAC, light)
- Building surface

Tertiary buildings concerned by the decree are those whose surface area is higher or equal than 1,000 sqm (or accumulation of surface areas if the building includes several companies with tertiary activities). Owners or operators of both private and public tertiary buildings are subject to the TEED. Many types of activities are submitted :

  • Offices
  • Public services
  • Education
  • Health
  • Justice
  • Shops
  • Hotels
  • Catering
  • Leisure and tourism residence
  • Sport
  • Culture and entertainment
  • Logistics
  • Stations (train, bus, marine..)
  • ………
batiment tertiaire

Targets of the Tertiary Decree

Reduction targets are incremental and defined from a base year chosen between 2010 and 2020. As of September 30, 2022, taxable persons must complete their base year on the dedicated platform: OPERAT. From there, they will be able to launch their actions to achieve the objectives. This declaration will then be annual on the platform, in order to justify energy savings achieved until the maturity. The objectives can be calculated in absolute terms for each type of activity. This energy consumption target is then set by decree (Absolute Value).

What actions to set up?

To reach these ambitious but necessary goals, existing tertiary buildings can implement an energy savings strategy including:

  • Renovation and insulation works
  • Obsolete equipment modifications
  • Solar panels installation
  • Automation of energy-consuming devices thanks to a class A or B BMS (BACS Decree)
objectif du decret
décret bacs

The BACS Decree: a way to accelerate the achievement of the Tertiary Decree’s objectives.

The BACS Decree (Building Automation and Control Systems) has been created to help owners and operators to reach 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

Are subjected to the BACS Decree, all new or existing tertiary building whose air conditioning or heating system is higher than 290 Kw (combined or not with a ventilation system). To be clearer, usually it’s the same type of building as the ones subjected to the Tertiary Decree. Forward, this threshold could even be lowered.

Deadline for BACS Decree?

Subjected building must be equipped before January 2025. Do not hesitate to equip yourself today to save up to 30% of energy!


What sanctions in case of non-compliance with the objectives set by the Decrees?

In case of non-compliance with the obligations of the Tertiary Decree, building owners or operators could be sanctioned with an administrative fine ranging from 1500€ (real person) to 7500€ (legal person). In case of non-compliance with the declarations on the OPERAT platform, the owner or operator can face to sanctions such as formal notice with publication. The State first intends to play the Name & Shame principle but it is likely that sanctions will be more and more severe in the coming years, given the current climate emergency.

For more information, you can download our white book.

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