Since the implementation of the tertiary sector decree, local authorities have been at the forefront of setting an example in the energy transition. But between regulatory obligations, strategic choices, and budgetary constraints, it's not always easy to find your way. Yet, acting now not only avoids penalties but also enhances the value of their assets, reduces energy costs, and improves user comfort.
At Powesco, we support local authorities in complying with the Tertiary Decree while transforming this constraint into a real opportunity for energy performance.
Reminder: What is the Tertiary Decree?
The Tertiary Decree (No. 2019-771 of July 23, 2019), also called the “tertiary eco-energy” scheme, is a regulatory measure stemming from the ELAN law.
He imposes:
- a gradual reduction in energy consumption in commercial buildings larger than 1,000 m²
- displaying the results on the OPERAT platform.
The objectives for reducing final energy consumption (primary energy less transport, transformation, and production losses) in relative terms are as follows:
- -40% by 2030
- -50% by 2040
- -60% by 2050
These reductions are applied in relation to a reference year (which cannot be less than 2010) or according to absolute values set by decree.
Good to know: the relative values method is suitable for energy-inefficient buildings. The absolute values method is suitable for buildings that are already energy-efficient.
What is the purpose of the tertiary sector decree?
The tertiary decree requires buildings used for tertiary activities to reduce their energy consumption and carbon emissions.
Reduce energy consumption and carbon footprint
Indeed :
- 44% of our final energy consumption comes from the building sector (⅓ from the tertiary sector)
- 25% of our carbon emissions come from the building sector
Local authorities are at the forefront of efforts to address energy consumption in the commercial building sector, with:
- a built heritage of more than 225,000 buildings
- 280 million m² of office space and 27% of the national office space
- 81% of the energy consumption of municipalities comes from municipal buildings.
Controlling expenses
More than a constraint, the tertiary decree is an opportunity for energy-intensive public buildings (town halls, schools, libraries) because it allows them to reduce energy bills and operating expenses.
Indeed :
- A municipality spends on average 44 euros per inhabitant for energy needs;
- The total energy bill for French municipalities is 2.6 billion euros;
- Energy accounts for 4.2% of the total operating expenses of municipalities
Meeting the expectations of the French
For 58% of French people, energy saving and energy transition measures are at the top of the list of areas where local authorities should increase their spending (IPSOS survey for the association of territorial administrators of France – 2019).
The tertiary sector decree aims to meet this expectation by encouraging local authorities to strengthen their energy performance within a framework of sustainable development.
Improving the attractiveness of territories
Finally, a renovated building is more attractive and comfortable. The tertiary sector decree allows for the enhancement of the architectural and cultural heritage of local authorities while improving the comfort of users and public employees.
Which local authorities are subject to the tertiary sector decree?
The tertiary decree applies to owners or operators of an establishment housing tertiary activities in the public or private sector, whose buildings have an area (or a cumulative area) equal to or greater than 1000 m2.
More specifically:
- buildings with a surface area greater than or equal to 1,000 m² exclusively allocated to tertiary use
- all parts of a mixed-use building that house service sector activities and whose combined 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 surface area greater than or equal to 1000 m²
This could include:
- local authorities (town halls, departmental councils, regional councils, etc.),
- local public institutions (administrative offices)
- school buildings (schools, colleges, high schools)
- cultural centers, media libraries, gymnasiums, etc., provided that their cumulative tertiary area exceeds 1,000 m².
What are the penalties for non-compliance with the tertiary sector decree?
In the event of non-declaration or failure to meet objectives without justification, communities may be subject to "name and shame" (publication on an official website of non-compliant entities).
An administrative fine of up to €1,500 for individuals and €7,500 for legal entities is also planned.
What are the exceptional regimes?
The following are exempt:
- temporary structures
- places of worship (*)
- operational activities for the purposes of defense, civil security or internal security of the territory (*)
(*) whether it concerns buildings, parts of buildings or groups of buildings
Furthermore, adjustments are possible:
- depending on the volume of activities
- depending on technical, architectural or heritage constraints
- related to the disproportionate cost of the actions
What levers of action are available to local authorities to respond to the tertiary sector decree?
Creation of an action plan
The communities put in place an action plan with a timetable and concrete solutions to achieve the set objectives.
Thanks to its integrated design office, Powesco helps you build a quantified and pragmatic action plan through the completion of an energy and technical audit of buildings:
- technical visit: inventory of equipment, instrumentation;
- mapping of consumption by use;
- costing of modifications or investments;
- justification for not achieving the objectives, etc.
Deployment of energy efficiency solutions
Then, the institutions select the most suitable energy efficiency solutions:
- building insulation (winter and summer comfort)
- installation of high-performance equipment;
- Building management and control system (BMS, BTS)
- introduce renewable energies (solar panels, charging stations)
- training and raising awareness among occupants about eco-responsible behavior
Powesco offers a range of energy efficiency solutions:
- technical building management;
- modernization of heating, ventilation and air conditioning (HVAC);
- relamping and lighting optimization;
- use of waste energy, hydroelectricity
Quantification and evaluation of the gains achieved
Finally, via the OPERAT platform created by Ademe, local authorities declare the consumption of their tertiary premises and group together all the building data (surface area of each building or part of a building) and consumption data (savings) allowing the calculation of the achievement of objectives.
Good to know: The first audit on OPERAT will take place on 31/12/2031 to verify whether the community has reached the first level of energy consumption reduction (-40%)
Powesco offers a consumption management platform that meets the requirements of the tertiary sector decree.
Thanks to the Nextep Energy Management Expert System :
- Automatically collect data: consumption and bills
- Automate your annual declaration on OPERAT
- Digitize energy management.
- Follow the objectives and action plans.
Get support from Powesco
The tertiary sector decree is not limited to a simple annual declaration: it requires a long-term vision, control of financial aid , and the ability to prioritize actions. That's where we come in.
We help communities to:
- Identify the buildings subject to the decree,
- Define a suitable reference year,
- Conduct a complete energy audit,
- Establish a quantified and realistic roadmap,
- Monitor and manage consumption using smart tools,
- Mobilize available aid and funding
- Measure results and optimize consumption
- Ensure compliance on OPERAT and avoid sanctions.
