The service sector is particularly energy-intensive and a major emitter of greenhouse gases. To reduce energy consumption and the carbon footprint of certain businesses, the Tertiary Decree was introduced. Powesco, an energy efficiency specialist, guides you through the various steps required to comply with this obligation.
What is the tertiary decree?
The tertiary decree, also known as the “tertiary eco-energy” scheme, came into force in 2019.It specifies the terms of application of the ELAN law (evolution of housing, planning and digital technology) dating from 2018, which set objectives for the progressive reduction of energy consumption for tertiary buildings.
Contextual guide to the tertiary decree
French tertiary sector buildings represent 973 million square meters : they are responsible for one third of building energy consumption and 25% of greenhouse gas (GHG) emissions from the real estate sector.
The tertiary sector decree therefore aims to force the tertiary sector to reduce its energy consumption and its carbon footprint.
Regulatory guide to the tertiary sector decree
The tertiary decree requires all buildings used for tertiary activities with more than 1000 square meters to progressively reduce their final energy consumption and to display the results on the OPERAT platform (Observatory of Energy Performance, Renovation and Actions in the Tertiary Sector) managed by Ademe.
Guide to the scope of application of the tertiary sector decree
More specifically, here are the buildings (public and private) that are covered by the tertiary sector decree:
- building with a surface area greater than or equal to 1000 m2 exclusively allocated to tertiary use;
- any part of a mixed-use that houses tertiary activities and whose cumulative surface area is greater than or equal to 1000 m2;
- any group of buildings located on the same land unit or on the same site provided that these buildings house tertiary activities over a cumulative area greater than or equal to 1000 m2.
Therefore, the following are required by the tertiary sector decree: owners, tenants or operators of:
- offices;
- educational institutions;
- hospitals;
- hotels;
- sports complexes;
- shops etc.
Tertiary sector decree and regulatory calendar: the guide
The tertiary sector decree mandates a progressive in energy consumption.
The latter can be calculated in two ways:
- in relative value (%), according to the CRELAT method : i.e. a reduction in final energy consumption of 40% by 2030; a reduction of 50% by 2040; a reduction of 60% by 2050 compared to a reference year which cannot be less than 2010;
- in absolute value (kWh/m²/year), according to the CABS method : i.e. a threshold of final energy consumption not to be exceeded at each deadline (2030, 2040, 2050).
Good to know: due to the covid crisis and low energy consumption during this period, 2020 cannot be chosen as the reference year.
What are the exceptions to the tertiary sector decree?
The objectives to be achieved may be adjusted if the following occur:
- technical, architectural and heritage constraints ;
- change in the activity carried out in the buildings.
Furthermore, here are the exceptions to the tertiary sector decree:
- structures ;
- places of worship;
- operational activities for the purposes of defense, civil security or internal security of the territory.
Guide to complying with the tertiary sector decree
Are you subject to the tertiary sector decree? Here's how to proceed: carry out an energy audit, implement energy efficiency measures, and monitor the achievement of your objectives via OPERAT or an energy management system.
Energy audit
The energy audit must be carried out by a consulting firm such as Powesco. It provides a comprehensive overview of the building's energy consumption: which equipment the most energy-intensive, the condition of envelope , the renovation required to improve energy efficiency, etc. This assessment serves as the roadmap for complying with the French Tertiary Sector Decree.
Energy efficiency
The energy audit then recommends tailor-made solutions dedicated to the specific characteristics of the building in order to reduce energy consumption.
For example:
- renovationof a hospital ;
- the replacement of heating, ventilation, air conditioning (HVAC) systems with equipment powered by renewable energy ;
- of the installation of a BMS system
Energy consumption monitoring
The tertiary sector decree mandates the transmission of energy consumption data for tertiary buildings to the OPERAT platform. This operation allows for monitoring energy consumption and ensuring that pre-established objectives are met
Powesco will assist you in implementing the OPERAT project:
- assistance in defining the scope and reference consumption year;
- determination of quantified objectives;
- powering the platform.
To take energy management even further, you can implement an energy management system (EMS). This is a dashboard designed to track indicators and performance. Powesco also has its own tool to help you achieve your goals.
Funding
Reducing energy consumption under the tertiary sector decree entails costs: equipment purchase , service provider billing , etc. However, there are mechanisms available to help you finance energy efficiency improvements.
For example :
- the system Energy Saving Certificates(EEC)
- the energy performance contract.
Powesco offers an energy performance contract based on the ESCO. Contact us to learn more about financing options for your project.
Energy sobriety
Finally, achieving the objectives set by the tertiary decree is only possible by adopting eco-friendly practices within the company: Powesco also supports change through workshops on better internal energy management.
What are the penalties for non-compliance with the tertiary sector decree?
Failure to comply with the obligations of the tertiary sector decree results in penalties ranging from:
- name and shame : publication on the official website of the names of companies that have not reached their objectives;
- to a fine of 1500 euros for natural persons;
- and a fine of 7500 euros for legal entities.
